Abstract

The confidentiality regulation governing substance use disorder (SUD) treatment records has been constantly weakened since 2010. Most recently, the final rule came out (see https://onlinelibrary.wiley.com/doi/10.1002/adaw.34035) which further weakens privacy, most importantly by allowing the first initial consent to release of patient information, signed by the patient, to be used forever, to go to almost anyone, except for law enforcement. When the Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) jointly released that final rule, they did not comply with the requirement by Congress in the CARES Act that while sharing of information should be easier, anti‐discrimination provisions needed to be tightened. There was no addition of anti‐discrimination provisions.

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