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The U.S. Department of Health and Human Services (HHS) recently introduced significant changes to the regulations governing the confidentiality of Substance Use Disorder (SUD) patient records. These changes, part of a final rule issued earlier this year, are poised to transform how SUD care is coordinated across the healthcare system, offering new opportunities and challenges for providers, policymakers, and patients alike.
Enhancing Care Coordination Through Greater Flexibility
The new rule modifies the Confidentiality of SUD Patient Records regulations under Title 42 of the Code of Federal Regulations, commonly known as “Part 2.” The goal is to enhance care coordination for individuals with SUD by providing greater flexibility in information sharing among applicable providers.
Historically, Part 2 has been a double-edged sword: while it has played a critical role in protecting the privacy of individuals seeking SUD treatment, it has also created barriers to effective care coordination. Providers often found themselves hampered by the need to obtain patient consent for each specific disclosure of SUD treatment-related records, complicating efforts to deliver seamless, integrated care.
The new rule addresses these challenges by allowing federally assisted SUD providers to obtain a single, general consent from a patient for all current and future disclosures. This streamlined approach is expected to reduce administrative burdens and facilitate better communication among care teams, including primary care providers, behavioral health specialists, and peer support services. Importantly, the rule also permits redisclosure of Part 2 data by recipients, further easing the flow of information within the healthcare system.
Why This Matters: Addressing a Critical Public Health Crisis and Supporting Maternal Mental Health
For the perinatal population, particularly pregnant individuals struggling with SUD, these changes have profound implications. Pregnancy, mental health, and substance use issues intersect in ways that require specialized, integrated care. The new rule facilitates better communication and coordination among obstetricians, mental health professionals, and SUD treatment providers, leading to more comprehensive care plans that address both maternal and infant health. This is essential for reducing risks associated with untreated SUD during pregnancy, such as preterm birth and developmental issues. By preserving patient privacy while enhancing care coordination, the new regulations ensure that pregnant individuals feel safe seeking the treatment they need.
Implications for Providers
The compliance date for the new rule is set for February 16, 2026, giving providers ample time to adapt to the changes. In the interim, HHS will be developing resources to support the transition, including training programs through the Center of Excellence for Protected Health Information. Providers should take this time to familiarize themselves with the new regulations, update their protocols, and educate their staff on the implications for patient care.
For a dive deeper into the specifics of the new rule and its impact, several resources are available:
HHS Fact Sheet on the 42 CFR Part 2 Final Rule: Summarizes the key changes and provides guidance on implementation.
Center of Excellence for Protected Health Information (COE PHI): Offers training and technical assistance on federal privacy laws, including how to apply them under the new rule.
