Confidentiality of Substance Use Disorder Patient Records
mental-health · Substance Abuse and Mental Health Services Administration · Rule · Published 2018-01-03 · Effective 2018-02-02 · 83 FR 239
Document
Document number
2017-28400
Federal Register citation
83 FR 239
CFR reference
42 CFR 2
Type
Rule
Action
Final rule.
Category
mental-health
Sub-agency
Substance Abuse and Mental Health Services Administration
Publication date
2018-01-03
Effective date
2018-02-02
HHS docket
SAMHSA-4162-20
Abstract
This final rule makes changes to the Substance Abuse and Mental Health Services Administration's (SAMHSA) regulations governing the Confidentiality of Substance Use Disorder Patient Records. These changes are intended to better align the regulations with advances in the U.S. health care delivery system while retaining important privacy protections for individuals seeking treatment for substance use disorders. This final rule addresses the prohibition on re-disclosure notice by including an option for an abbreviated notice. This final rule also addresses the circumstances under which lawful holders and their legal representatives, contractors, and subcontractors may use and disclose patient identifying information for purposes of payment, health care operations, and audits and evaluations. Finally, this final rule is making minor technical corrections to ensure accuracy and clarity in SAMHSA's regulations.