Analysis of Final Rule re: Confidentiality of SUD Patient Records

July 16, 2020

Please find a memorandum from the National Council’s outside consulting firm regarding a rule governing the confidentiality of substance use disorder patient records finalized by the Department of Health and Human Services and the Substance Abuse and Mental Health Services Administration.

The final rule maintains the basic confidentiality framework for substance use disorder patients – prohibiting use for the purposes of criminal prosecution and restricting disclosure without patient consent – while making modifications that encourage care coordination among providers.

The rule makes changed to 42 CFR Part 2 specific to the following:

  • Applicability and Re-Disclosure
  • Disposition of Records
  • Consent Requirements
  • Disclosure Permitted with Written Consent
  • Disclosures to Central Registries and PDMPs
  • Medical Emergencies
  • Research
  • Audit and Evaluation; and
  • Undercover Agents and Informants

If you have questions, please feel free to get in touch with us at your convenience.

As always, it is important for NYS Council members to consult legal counsel if they have questions specific to their practice.