HHS proposes changes to confidentiality rules for substance use disorder records

HHS has proposed revisions to a patient confidentiality regulation that would develop an information exchange for patient substance use disorder records.

The current rule, Part 2 of the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, requires patient consent for providers to disclose patient information related to substance use disorder. The rule was enacted in 1975, at which time many patients feared or avoided seeking treatment due to the stigma and potential criminal prosecutions attached to substance abuse, according to an HHS news release. The latest update to the rule occurred in 1987.

Part 2, as the regulation is called, has more stringent protections for substance use disorder records because of its targeted population, according to HHS.

The proposed revisions seek to facilitate an information exchange while still honoring the privacy concerns for patients seeking treatment.

HHS indicated the rule needs to be updated to keep pace with the changing healthcare delivery environment, especially given the electronic exchange of patient data.

"This proposal will help patients with substance use disorders fully participate and benefit from a healthcare delivery system that's better, smarter and healthier, while protecting their privacy," HHS Secretary Sylvia M. Burwell said. "We are moving Medicare, and the healthcare system as a whole, toward new integrated care models that incentivize providers to coordinate and put the patient at the center of their care, and we are modernizing our rules to protect patients."

HHS is seeking comments on the proposed rule. Comments must be received by April 11.

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