confidentiality of sud records |

On April 22, 2024, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced a Final Rule entitled HIPAA Privacy Rule to Support Reproductive Health Care Privacy. This Final Rule not only bolsters the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, HIPAA) by prohibiting the disclosure of protected health information (PHI) related to lawful reproductive health care in certain circumstances, but also requires HIPAA covered entities (health care providers, health plans, and health care clearinghouses) to amend their Notices of Privacy Practices (NPPs).

HIPAA and Reproductive Health Care Privacy

HHS is issuing this Final Rule because of concerns that officials in states with more extreme abortion bans, like Kentucky, will seek medical records from states where abortion is legal (or even from their own states) in order to prosecute individuals who cross state lines to seek an abortion. To prevent those medical records from being used against people for providing or obtaining lawful reproductive health care, the Final Rule prohibits the use or disclosure of PHI by a covered entity—or their business associate—for the following activities:

by Kathie McDonald-McClure

UPDATE: On February 16, 2024, HHS published a Final Rule (89 Fed Reg 12472) to amend Part 2 rules on patient confidentiality of SUD records. While the Final Rule’s effective date is April 16, 2024, the deadline for compliance is February 16, 2026. Based on public comments to the Proposed Rule, HHS included further substantive modifications in the Final Rule, which HHS outlines in a Fact Sheet on the Part 2 Final Rule.

On November 28, 2022, the Secretary for the United States Department of Health & Human Services (HHS) released a Proposed Rule to amend the requirements in Title 42, Part 2, on confidentiality of substance use disorder (SUD) patient records in federally assisted Part 2 Programs. Part 2 protects the confidentiality of SUD patient records (which generally include alcoholism, alcohol abuse, and drug abuse treatment and prevention records) by restricting the circumstances under which Part 2 Programs or other lawful holders can disclose such records.

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confidentiality of sud records

New HIPAA Final Rule Supporting Reproductive Health Care Privacy Also Requires Amending Notices of Privacy Practices

HHS Proposed Rule Aligns Regulation on Confidentiality of Substance Use Disorder Treatment Records with HIPAA