New Final Regulations for 42 CFR Part 2 and How They Sync Up with HIPAA (Update)

For decades, 42 CFR Part 2 put substance use disorder records privacy in their own special regulatory category. New regulations revise existing substance use disorder records regulations to be more in sync with HIPAA, which is the primary law for nearly all health records. Although 42 CFR Part 2 continues to place additional restrictions on uses and disclosures of substance use disorder records, the new regulations increase the degree to which the two regulatory schemes overlap.  

This course, presented by Nathan Kottkamp, will identify the various ways in which the new 42 CFR Part 2 rules align with HIPAA but also how they are inconsistent. The presentation will cover the history of how the two rules were developed and where they are likely to be going in the future.

Learning Objectives:

1. Identify how HIPAA and 42 CFR Part 2 differ and are more similar in light of the 2024 changes

2. Review the primary disclosure restrictions in 42 CFR Part 2

3. Distinguish the rules for issuing subpoenas under HIPAA and 42 CFR Part 2  

4. Discuss the different requirements for written patient authorizations under HIPAA and 42 CFR Part 2

5. Recognize the different agreements required for sharing information with third parties