Stay Compliant: Update Your Notice Of Privacy Practices For Substance Use Disorder Records

The U.S. Department of Health and Human Services (HHS) recently published a Final Rule amending the regulations under 42 CFR Part 2, which governs the confidentiality of substance use disorder (SUD) records. Historically, Part 2 imposed stricter privacy protections than those under the Health Insurance Portability and Accountability Act (HIPAA), reflecting the sensitive nature of SUD treatment information. Covered entities are now required to revise their Notices of Privacy Practices (NPP) to appropriately incorporate substance use disorder records, ensuring compliance with the updated regulatory landscape.

As a reminder, the compliance deadline for updating your NPP to include specific disclosures related to the use and disclosure of SUD records protected under Title 42 CFR Part 2 was February 16, 2026.