The Confidentiality Of Substance Use Disorder Consumer Records Regulation: An Update

The Substance Abuse and Mental Health Services Administration (SAMHSA) issued a Notice of Proposed Rule Making (NPRM) on August 26 that outlines revisions to the Confidentiality of Substance Use Disorder Patient Records (part 2) regulations. The proposed rule reflects SAMHSA’s efforts to facilitate and enhance coordination of care for substance use disorders (SUD) and find ways to appropriately address the opioid crisis while maintaining part 2 confidentiality protections. SAMHSA has also issued proposed rule making to provide clarification that a court may authorize disclosure of confidential communications with a consumer when the disclosure is necessary in connection with investigation . . .