Confidentiality of Substance Use Disorder Patient Records

42 CFR Part 2
active

Part 2 makes records identifying a patient as having a substance use disorder diagnosis or treatment in a federally assisted program confidential, allowing disclosure mainly with patient consent or under narrow exceptions and court orders. The 2024 final rule (effective April 16, 2024; compliance Feb. 16, 2026) aligned Part 2 with HIPAA, allowing a single consent for treatment, payment, and operations and adding breach notification and HIPAA-style penalties.

Jurisdiction

United States

Jurisdiction Type

federal

Country

United States

Effective Date

12/31/1970

Enforcing Authority

HHS Office for Civil Rights (civil enforcement program began Feb. 16, 2026); DOJ for criminal violations

Fines Under This Regulation

0

Total Fine Amount (USD)

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