Deadline Approaching: Part 2 Substance Use Disorder Treatment Records Privacy Regulations

Following our Nov. 30, 2022 post regarding the proposed regulatory updates to the rules governing privacy of substance use disorder treatment records and our Mar. 12, 2024 post covering the Final Rule, we are posting again to alert our readers about the Feb. 16, 2026 compliance deadline, by when individuals and entities subject to the Part 2 regulations must update their policies, procedures and forms to comply with the regulatory changes in the Final Rule.

We again encourage the reader to review the details in our Mar. 12, 2024, post along with the Final Rule itself for a thorough explanation of what has changed. Updates that Part 2 programs must make by the Feb. 16 deadline include:

• Preparing and utilizing the new prior consent permitting the Part 2 programs to use and disclose Part 2 information for treatment, payment and health care operations
• Preparing a Patient Notice or, for those Part 2 programs that are also HIPAA Covered Entities, incorporating Patient Notice language into their Notice of Privacy Practices
• Updating policies and procedures regarding the application of HIPAA to Part 2 records disclosed by a Part 2 program to a Covered Entity non-Part 2 program (particularly relevant for inter-departmental disclosures in hospital systems)
• Updating Business Associate Agreement templates to address the Final Rule changes regarding issues such as redisclosure

There are many more reviews, updates and other changes that Part 2 programs may need to have in place before the Feb. 16 deadline. Contact your privacy counsel to discuss your compliance plan.