HHS Finalizes Confidentiality of Substance Use Disorder Patient Records Regulations

On Feb. 8, the Substance Abuse and Mental Health Services Administration and the Department of Health and Human Services (HHS) Office for Civil Rights issued a final rule that modifies the Confidentiality of Substance Use Disorder Patient Records regulations (42 CFR Part 2). The rule would ensure health care providers have more complete information when treating patients with substance use disorder and improve alignment with Health Insurance Portability and Accountability Act requirements. The rule allows a single consent for all future uses and disclosures for treatment, payment, and health care operations; restricts the use of records and testimony in civil, criminal, administrative, and legislative proceedings against patients; and enhances integration of behavioral health information with other medical records. The AAMC supported many of these changes in its comments in response to the December 2022 proposed rule [refer to Washington Highlights, Feb.3, 2023].