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SAMHSA is proposing broad changes to Confidentiality of Alcohol and Drug Abuse Patient Records, 42 Code of Federal Regulations (CFR) 2, also known as 42 CFR part 2 to remove barriers to coordinated care and permit additional sharing of information among providers and part 2 programs assisting patients with substance use disorders (SUDs).

Statement of Need:

SAMHSA is proposing broad changes to Confidentiality of Alcohol and Drug Abuse Patient Records, 42 Code of Federal Regulations (CFR) 2, also known as 42 CFR part 2 to remove barriers to coordinated care and permit additional sharing of information among providers and part 2 programs assisting patients with substance use disorders (SUDs).

Summary of the Legal Basis:

To be determined

Alternatives:

The alternatives include not making these changes or making changes to part 2 more limited in scope (i.e., only in one or two sections).

Anticipated Costs and Benefits:

The rule is not expected to be economically significant.  As we move toward publication, estimates of the cost and benefits of these provisions will be included in the rule.

Risks:

SAMHSA believes the many stakeholders will support efforts to make it easier for patients and providers to share information under part 2.  However, some commenters may believe these changes will further undermine privacy protection under part 2 and lead individuals who may seek treatment to not seek treatment for fear of disclosure of their SUD.