Aligning Part 2 and HIPAA: A Practical Guide to Advising SUD Providers of Changes Under 42 C.F.R. Part 2
This Bulletin is brought to you by AHLA’s Behavioral Health Practice Group.
- May 07, 2026
- Tayler Chambless , Holland & Knight LLP
- Harshita Rathore , Holland & Knight LLP
On February 16, 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a Final Rule fundamentally reshaping the regulatory landscape for substance use disorder (SUD) patient records under 42 C.F.R. Part 2. The rule, mandated by the Coronavirus Aid, Relief, and Economic Security Act, aligns Part 2's confidentiality framework with the Health Insurance Portability and Accountability Act (HIPAA) for the first time, creating a unified regime governing the use, disclosure, and redisclosure of SUD records. For health care lawyers and compliance professionals, the most operationally consequential dimension of this alignment is its impact on the covered entity (CE)-business associate (BA) relationship. Both parties face new obligations, new document requirements, and new enforcement exposure. Over the past two years since the rule was published, guidance and enforcement initiatives have helped tailor the advice health care lawyers can give their clients navigating these rules. In fact, in February 2026, OCR announced a new Confidentiality Enforcement Program aimed at ensuring compliance with the new Final Rule. This article provides practical guidance for navigating those changes.
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