HHS proposes new protections to boost care coordination, confidentiality for those with SUD

HHS has proposed changes to a regulation that protects patient privacy and records concerning treatment related to substance use challenges from unauthorized disclosures.

According to a release from HHS, the move was made through the Office for Civil Rights and SAMHSA. Specifically, the proposed rule change to the Confidentiality of Substance Use Disorder Patient Records under 42 CFR part 2 increases coordination among providers in treatment for substance use challenges and increases protections for patients concerning records disclosure to avoid discrimination in treatment.

“Varying requirements of privacy laws can slow treatment, inhibit care, and perpetuate negative stereotypes about people facing substance use challenges,” HHS Secretary Xavier Becerra said in the release. “This proposed rule would improve coordination of care for patients receiving treatment while strengthening critical privacy protections to help ensure individuals do not forego life-saving care due to concerns about records disclosure.”

This Notice of Proposed Rulemaking would implement provisions of Section 3221 of the Coronavirus Aid, Relief and Economic Security Act (CARES Act), which requires HHS to bring Part 2 into greater alignment with certain aspects of HIPAA, HHS said in the release.

The rule proposition, according to HHS, outlines several important changes that can help safeguard the health and outcomes of individuals with SUD and create greater flexibility for information sharing envisioned by Congress in its passage of Section 3221 of the CARES Act.

Among the proposed changes:

• Permitted use and disclosure of Part 2 records based on a single patient consent given once for all future uses and disclosures for treatment, payment, and health care operations.

• Permitted redisclosure of Part 2 records in any manner permitted by the HIPAA Privacy Rule, with certain exceptions.

• New patient rights under Part 2 to obtain an accounting of disclosures and to request restrictions on certain disclosures, as also granted by the HIPAA Privacy Rule.

• Expanded prohibitions on the use and disclosure of Part 2 records in civil, criminal, administrative, and legislative proceedings.

• New HHS enforcement authority, including the imposition of civil money penalties for violations of Part 2.

“One of SAMHSA’s priorities is working to make effective treatments and recovery supports for SUD more accessible to all Americans,” Miriam E. Delphin-Rittmon, PhD, HHS Assistant Secretary for Mental Health and Substance Use and the leader of SAMHSA, said in the release. “Bringing Part 2 requirements into closer alignment with HIPAA will support more effective coordination for people accessing care.”