Substance Use Record Confidentiality (42 CFR Part 2) and HIPAA

MDRXLaw advises behavioral health and substance use treatment providers on 42 CFR Part 2, HIPAA and state confidentiality laws. We build consent and disclosure practices, respond to subpoenas and requests, and handle breaches and regulator inquiries.

OUR EXPERIENCE

Records of patients in federally assisted substance use disorder programs are protected by 42 CFR Part 2, which generally limits disclosure without patient consent and restricts use of the records in legal proceedings. HIPAA applies to most treatment providers as well, and state mental health and confidentiality laws can add further limits.

We help providers determine which rules govern a given record or disclosure and build workable practices around them. That includes consent forms, notices of privacy practices, policies for sharing information with other providers, payors and family members, and procedures for responding to requests from patients.

When a subpoena, court order or law enforcement request arrives, we advise on whether and how the provider may respond, and we appear on the provider's behalf where a court order is required. When there is an unauthorized disclosure or a complaint, we assist with breach assessment and notification and represent the provider before regulators.

We also advise on data sharing arrangements, electronic health record and telehealth vendor agreements, and the risk assessments and workforce training that regulators expect.

Attorney Advertising. Prior results do not guarantee a similar outcome. This website is for general information only and is not legal advice. Viewing it or contacting the firm does not create an attorney-client relationship, and you should not send confidential information until the firm has confirmed it represents you.