Health Law Highlights

New Part II Rules

Summary of article from Gordon Feinblatt LLC, by Alexandria K. Monanio:

The Confidentiality of Substance Use Disorder (SUD) Patient Records regulations, known as Part II, have been updated to better align with HIPAA privacy protections. Providers have until April 2026 to comply with these changes, which include allowing patients to sign a single consent for all future uses of treatment, payment, and health care operations data. However, identifiable Part II data cannot be disclosed in legal proceedings without explicit patient consent or a court order. The updated rules also provide a safe harbor for investigative agencies and allow patients to file Part II violation complaints directly to the Secretary of HHS. The HHS plans to develop guidance and conduct outreach to facilitate compliance with the new rule, with additional changes to the HIPAA rules expected in the future.