Thanks for your patience while we were finalizing some required updates to the HIPAA form with our health care law attorney.
We want to make you aware of important updates to HIPAA documentation that impact mental health professionals in private practice, particularly related to Substance Use Disorder, or SUD, records.
Due to recent federal changes, practices are now required to update their documentation to ensure proper handling of SUD records. These changes are designed to strengthen privacy protections while also allowing smoother coordination of care.
Here are the updated HIPAA form and the Authorization for Release of SUD form for your convenience. You'll notice the HIPAA form has the most recent SUD updates highlighted in yellow. Make sure to remove the highlighted color before implementing them.
As a result, there are now two important forms your practice should be using:
Updated HIPAA Notice and Acknowledgment Form
New Authorization for Release of Substance Use Disorder Records Form
Here is a simple breakdown of what has changed and why it matters.
Updated HIPAA Form
The updated HIPAA document now clearly distinguishes between general mental health records and Substance Use Disorder records. While HIPAA has always protected Protected Health Information, federal law under 42 CFR Part 2 provides additional protections specifically for records related to alcohol and drug use treatment.
The updated language clarifies that:
• SUD records cannot be used or disclosed without written authorization, except in limited circumstances allowed by federal and state law
• SUD records have additional protections in legal proceedings and cannot be used in civil, criminal, administrative, or legislative actions without specific authorization or a qualifying court order
• Clients must be informed of these enhanced protections and their rights
Why is this HIPAA update important?
This update is important because failure to properly distinguish SUD records from other mental health records can expose a practice to compliance risk. The new language ensures transparency and compliance with federal law.
New SUD Authorization Form
In addition to the updated HIPAA notice, there is now a separate Authorization for Release of Records specifically for Substance Use Disorder treatment. This separate authorization is necessary because SUD records remain subject to stricter federal protections than other behavioral health information. Even though the recent rule changes align SUD privacy more closely with HIPAA, written authorization is still required in most circumstances.
This form allows clients to authorize disclosure of SUD-related information for:
• Treatment
• Payment
• Health care operations
It also explains:
• What information is covered
• Who may receive it
• The client’s right to revoke consent
• The expiration of the authorization
• Restrictions on use of SUD records in legal proceedings
Why This Is Important for Your Practice
If you provide any services related to alcohol or drug use treatment, screening, or referral, you are likely subject to these federal requirements.
Using outdated forms can create compliance gaps. The updated HIPAA notice ensures clients are properly informed of their rights. The new SUD authorization form ensures your practice can coordinate care, bill appropriately, and communicate with other providers while remaining compliant with federal law.
We recommend reviewing both forms and integrating them into your intake process as soon as possible if you have not already done so.
Staying proactive with compliance protects both your clients and your practice.
