U.S. Department of Health and Human Services Issues ASA-Supported Proposed Rule to Address Opioid Crisis

ASA is pleased to learn about the Substance Abuse and Mental Health Services Administration (SAMHSA) taking steps to modernize 42 CFR Part 2, federal regulations governing the confidentiality of patient records created by federally assisted substance use disorder treatment programs. This announcement was made on August 22, when the U.S. Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM).

The NPRM establishes revisions that support coordinated care among providers who treat substance use disorder (SUD), while upholding privacy protections for patients seeking treatment for SUD. The first of four regulations identified in HHS’s Regulatory Sprint to Coordinated Care, the proposed rule seeks to remove barriers to coordinated care to promote value-based outcomes for patients suffering from an opioid addition or other substance use disorder.

ASA is a member the Partnership to Amend 42 CFR Part 2, a coalition comprised of nearly 50 health care organizations committed to aligning 42 CFR Part 2 with the patient privacy protections currently in place under the Health Insurance Portability and Accountability Act (HIPAA) for the purposes of treatment, payment and health care operations. The coalition released a statement in support of the proposed rule.

ASA commends the Administration for taking steps to modernize the 42 CFR Part 2 and appreciates efforts to address care coordination for SUD patients and ensure patient safety and high-quality care. The Society will continue to review the detail of the proposed rule and will submit formal comments to HHS.  

ASA will continue working with HHS to address the opioid crisis as additional are regulations are released.

HHS Fact Sheet 
Proposed Rulemaking.