ASAM Comments on Confidentiality of Substance Use Disorder Patient Records Proposed Rule

On January 31st, ASAM sent a letter to the U.S. Department of Health and Human Services' (HHS) Offices of the Secretary and Civil Rights, and the Substance Abuse and Mental Health Administration (SAMHSA), to provide comments on proposed modifications to 42 CFR Part 2 ("Part 2"). ASAM applauded policy efforts to further align Part 2 with the Health Insurance Portability and Accountability Act (HIPAA). Among other comments, ASAM recommended that HHS conduct a study of the impact of full alignment with HIPAA on the access, availability, and quality of SUD services, coupled with strengthened HIPAA protections against uses, disclosures, or redisclosures of SUD and other medical records outside the healthcare system. However, ASAM cautioned the final rule make it clear, on a consistent basis, that Part 2 records may not be used, disclosed, or redisclosed for civil, criminal, administrative, or legislative proceedings against the patient in the absence of a court order or a specific, written patient consent for that purpose.

Read the letter here.