Substance abuse confidentiality revisions delayed

February 16, 2017

Blog Post

In the dying days of the Obama administration, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued the Confidentiality of Substance Use Disorder Patient Records Final Rule that would allow more flexibility for sharing patient records relating to substance use disorders.

Department of Health and Human Services (HHS) Secretary Tom Price yesterday delayed the effective date of this final rule from tomorrow, February 17, to March 21, 2017. The Federal Register notice states that the delay is necessary to give HHS officials the opportunity for further review and consideration of the rule. This announcement raises uncertainty regarding whether these revisions to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations (42 CFR Part 2) will be implemented in the current form, as well as whether the effective date may be further delayed in light of possible revisions.

Over the past 24 months, the U.S. Department of Health and Human Services Office for Civil Rights has brought notable enforcement efforts against several non-profit covered entities and business associates, resulting in instances of six and seven-figure penalties against providers across the county for incidents involving breaches of protected health information.

A new amendment to New York state law, which would have required all healthcare providers to obtain separate consents from patients for treatment and payment is on hold until further guidance is released, according to the New York Department of Health.

On November 1, 2024, the Centers for Medicare & Medicaid Services issued the Medicare Physician Fee Schedule 2025 final rule, which establishes new advanced primary care management billing codes that will expand opportunities for physician practices, federally qualified health centers, rural health clinics and other health care providers to get paid for services provided by clinical staff under the direction of a physician, nurse practitioner or physician assistant beginning January 1, 2025.

Substance abuse confidentiality revisions delayed

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