Part 2 update: NPRM raises many concerns

Abstract

Last week, the Department of Health and Human Services (HHS) released its plan for revamping 42 CFR Part 2, the confidentiality regulation protecting alcohol and drug use treatment records (see “HHS issues NPRM on 42 CFR Part 2,” ADAW, Dec. 5; https://onlinelibrary.wiley.com/doi/full/10.1002/adaw.33628). The HHS Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration issued the Notice of Proposed Rulemaking (NPRM) officially last week; we covered it based on the draft. There were no significant changes between the draft and the final. Both significantly weaken privacy protections.