MHC Issue Brief: SAMHSA 42 CFR Part 2 Revised Rule

June 24, 2020

The 42 CFR Part 2 regulations (Part 2) protect patient records created by federally assisted programs for the treatment of substance use disorders (SUD). Under the revised rule, Part 2 has been modified to facilitate better coordination of care in response to the opioid epidemic while maintaining its confidentiality protections against unauthorized disclosure and use. The revised rule does not alter the basic framework for confidentiality protection of substance use disorder (SUD) patient records created by federally assisted SUD treatment programs. Part 2 continues to prohibit law enforcement’s use of SUD patient records in criminal prosecutions against patients, absent a court order. Part 2 also continues to restrict the disclosure of SUD treatment records without patient consent, other than as statutorily authorized in the context of a bona fide medical emergency; or for the purpose of scientific research, audit, or program evaluation; or based on an appropriate court order.

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