Subject: New CoE-PHI Resource Available: Privacy Considerations for Medication Assisted Treatment in Jails and Prisons

New Resource Available:

Privacy Considerations for Medication Assisted Treatment in Jails and Prisons

Maintaining the confidentiality of patients’ substance use disorder (SUD) treatment is crucial to providing quality treatment and improves treatment outcomes.  Privacy protections ensure that individuals are not subject to negative consequences for seeking and receiving SUD treatment. These protections are particularly important for individuals receiving SUD treatment in jails and prisons.

This resource is meant to assist jails and prisons implementing programs providing medication for opioid use disorder (MOUD) in determining whether the privacy and security requirements of 42 CFR Part (Part 2) apply.

Key Points

  • If a jail or prison is federally assisted, and its MOUD providers meet the definition of a Part 2 program, then the jail or prison must follow Part 2’s privacy and security requirements for all patient records created and maintained by the Part 2 program.

  • If the jail or prison’s MOUD providers do not meet the definition of a Part 2 program – for example, because MOUD is provided by a general medical facility and there is no identified SUD unit or identified SUD providers – then the jail or prison does not have a Part 2 program.

  • A jail or prison that is not a Part 2 program may be subject to the requirements of Part 2 as a “lawful holder” if it receives records from a Part 2 program.

For More Information


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This resource was supported by SAMHSA of the U.S. Department of Health and Human Services (HHS) as part of a financial assistance award with 100% funded by SAMHSA/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by SAMHSA/HHS, or the U.S. Government.


Funded by SAMHSA, the CoE-PHI develops and disseminates resources, training, and TA for states, healthcare providers, school administrators and individuals and families to improve understanding and application of federal privacy laws and regulations, including FERPA, HIPAA, and 42 CFR Part 2, when providing and receiving treatment for SUD and mental illness.


Resources, training, technical assistance, and any other information provided through the CoE-PHI do not constitute legal advice.