HHS Office Of Civil Rights Frequently Asked Questions About Part 2 Confidentiality Requirements For Substance Use Disorder (SUD) Patient Records & Exclusion From The Medicaid Community Engagement Requirement For Certain Individuals With SUD

The document was released on September 29, 2026, by the federal Office of Civil Rights within the Department of Health and Human Services. It clarifies when its existing regulation on Confidentiality of Substance Use Disorder (SUD) Patient Records under 42 CFR part 2 (Part 2) permits a state Medicaid agency to use a Medicaid applicant’s or beneficiary’s SUD medical records protected under Part 2 to verify an exclusion from the community engagement requirement for Medicaid eligibility. SUD treatment records can be used to establish medical frailty and an exemption from complying with Medicaid work requirements . . .