0945-AA16 202304 Unified Agenda of Federal Regulatory and Deregulatory Actions 0945 Office for Civil Rights OCR 0900 Department of Health and Human Services HHS Confidentiality of Substance Use Disorder Patient Records

This final rule, to be issued in coordination with the Substance Abuse and Mental Health Services Administration (SAMHSA), would implement provisions of section 3221 of the CARES Act. Section 3221 amended 42 U.S.C. 290dd-2 to better harmonize the 42 CFR part 2 (part 2) confidentiality requirements with certain permissions and requirements of the HIPAA Rules and the HITECH Act. This final rule also would implement the requirement in section 3221 of the CARES Act to modify the HIPAA Privacy Rule NPP provisions so that HIPAA covered entities and part 2 programs provide notice to individuals regarding part 2 records, including patients’ rights and uses and disclosures permitted or required without authorization.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 42 CFR 2 45 CFR 160 45 CFR 164 42 U.S.C. 290dd-2 amended by the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), Pub. L. 116-136, sec. 3221 (March 27, 2020) Health Information Technology for Economic and Clinical Health (HITECH) Act, Pub. L. 111-5, sec. 13402 and 13405 (February 17, 2009) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Pub. L. 104-191, sec. 264 (August 21, 1996) Social Security Act, Pub. L. 74-271 (August 14, 1935) (see secs. 1171 to 1179 of the Social Security Act, 42 U.S.C. 1320d to 1320d–8). Statutory NPRM 03/27/2021 The CARES Act requires revisions to regulations with respect to uses and disclosures of information occurring on or after the date that is 12 months after the date of enactment of the Act (March 27, 2021); and not later than one year after the date of enactment, an update to the Notice of Privacy Practices (NPP) provisions of the HIPAA Privacy Rule at 45 CFR 164.520. No NPRM 12/02/2022 87 FR 74216 NPRM Comment Period End 01/31/2023 Final Action 10/00/2023 No No None No No No No Marissa Gordon-Nguyen Senior Advisor for Health Information Privacy, Data, and Cybersecurity Policy 0945 Office for Civil Rights OCR 800 368-1019 800 537-7697 ocrprivacy@hhs.gov 200 Independence Avenue SW, Washington DC 20201