In Law360, Health Care Attorneys Discuss Implications for Final Federal Substance Use Disorder Rules Reconciled with HIPAA

In a Law360 article, health care partner Jennifer Romig, health care counsel Sarah Blumenthal and health care associates Elana Bengualid and Olivia Clark discuss various stakeholder implications for the final Confidentiality of Substance Use Disorder Patent Records regulations, known as Part 2, aligned with the Health Insurance Portability and Accountability Act (HIPAA).

The authors note that while the final rule goes far to reconcile Part 2 with HIPAA, health care providers should still be mindful of the different requirements applicable to substance use disorder information, including the need for a consent to permit use and disclosure for treatment, payment and operations purposes; the need for a separate consent to explicitly permit disclosure for civil, criminal, administrative or legislative proceedings; and narrower exceptions to disclosures without consent.