Subject: Updated Link: New Changes to 42 CFR Part 2 Announced by SAMHSA

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Confidentiality is a cornerstore of recovery. Protecting patient privacy opens doors to communication, understanding, and trust.
On July 15, 2020, SAMHSA finalized changes to the Confidentiality of Substance Use Disorder Patient Records regulations, 42 CFR Part 2 (“Part 2”). Part 2 protects the confidentiality of individuals in substance use disorder treatment, and establishes privacy and security requirements for written, electronic, and verbal information.
Read the SAMHSA 42 CFR Part 2 Fact Sheet for further details regarding the changes.
What you need to know:
  • The effective date of the changes to Part 2 will be August 14, 2020.
  • SAMHSA has stated that its intent in making these changes to the SUD confidentiality protections is to facilitate more sharing of information between Part 2 programs, primary care providers, and other entities to facilitate care coordination and ultimately improve patient outcomes.
  • The basic framework for SUD confidentiality protections remain the same, and the factors that determine whether a provider or organization meets the definition of a "Part 2 program" have not changed.
  • These changes are not related to the CARES Act, passed by Congress in March 2020. Additional changes to Part 2 to implement the CARES Act will be forthcoming.  
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