AHA Comments on SAMHSA’s Proposed Rule on Confidentiality of Substance Use Disorder Patient Records

The AHA recognizes that SAMHSA is statutorily constrained in making structural amendments to the regulations under 42 CFR Part 2; however, because the proposed rule would not change the basic framework of Part 2, which significantly impedes the robust sharing of patient information necessary for effective clinical integration, we continue to urge full alignment of the Part 2 regulation with the HIPAA regulation as the proper and effective solution to eliminating barriers to the sharing of patient information.

While reform of the statute remains the purview of the legislative branch, we urge SAMHSA to prioritize educating Congress about the significant burdens the existing statutory framework imposes for the integration of SUD and physical health care, and to work with legislators to resolve the statutory conflicts that prevent full alignment of Part 2 with the HIPAA requirements that govern all other patient health information.