Member Briefing - May 2017
42 C.F.R. Part 2 in Retrospective: The 30-Year Journey of the Alcohol and Drug Abuse Treatment Confidentiality Regulations
Laura Ashpole (Community Psychiatry Management LLC, Sacramento, CA)
Gerald DeLoss (Greensfelder Hemker & Gale PC, Chicago, IL)
Suzette Gordon (Bronx Partners for Healthy Communities, New York, NY)
Jennifer M. Lohse (Hazelden Betty Ford Foundation, Center City, MN)
Purvi B. Maniar (Epstein Becker & Green PC, New York, NY)
Kelly McGee (Lifespan Corporation, Providence, RI)
Matthew Wolfe (Parker Poe Adams & Bernstein LLP, Raleigh, NC)
Mary Holloway Richard (editor) (Phillips Murrah PC, Oklahoma City, OK)
Suzanne J. Scrutton (editor) (Vorys Sater Seymour and Pease LLP, Columbus, OH)
The Confidentiality of Alcohol and Drug Abuse Records regulations, located at 42 C.F.R. Part 2, set forth the limited circumstances in which substance use disorder patient information may be used, disclosed, and re-disclosed. The U.S. Department of Health and Human Services Substance Abuse and Mental Health Services Administration released final regulations revising Part 2 on January 18, 2017. The newly revised regulations, which were last updated in 1987, provide additional support for patient privacy and strive to facilitate communication between providers and patients and third-party payers. To offer context for the recent revisions, this Member Briefing provides a detailed discussion of the Part 2 regulations prior to March 21, 2017, the effective date of the Final Rule. The Member Briefing then highlights some of the major revisions under the Final Rule.
We would like to thank the authors and editors for sharing their expertise with their colleagues.