SAMHSA Submits Proposed Changes to 42 C.F.R. Part 2

Alcoholism, substance abuse and chemical dependency treatment providers should be aware that the Substance Abuse and Mental Health Services Administration (“SAMHSA”) has promulgated proposed changes to regulations regarding the privacy and confidentiality of what are now called “substance use disorder” treatment records.  Those privacy regulations, which are located at 42 C.F.R. Part 2, are well known as particularly stringent, and set forth particular requirements for disclosure, even when the patient consents to the release of the records.

SAMHSA notes that the proposed rule changes, which are scheduled to be published in the Federal Register on February 9, are needed to address concerns that the current regulations hamper the ability of patients with substance use disorders from participating in integrated health models where protected health information is readily shared with different providers in a network.

We will have detailed commentary on the proposed changes later in the week. Stay tuned.

For more information about 42 CFR Part 2, please contact David Ross

David R. Ross is a Shareholder of the firm. Prior to joining the firm, and under former Governors Pataki and Spitzer, Mr. Ross served as the Acting Medicaid Inspector General for New York State. Prior to his service at the OMIG, Mr. Ross held several positions at the New York State Office of Alcoholism and Substance Abuse Services (OASAS), including Acting General Counsel, Deputy Counsel, and Associate Counsel.


David Ross

About David Ross

David is Partner and concentrates his practice on Medicaid, Medicare and private insurance audits & investigations, Health Law including fraud and abuse, governmental investigations of all kinds, Medicaid compliance plans and Article 78 cases. He is head of our Government Investigations practice and also works in Healthcare Fraud & Abuse.