Stronger Privacy for Substance Use Disorder Treatment

If you treat patients with substance use disorders (SUD), you must follow the updated federal rules in 42 Code of Federal Regulations (CFR) Part 2. Review and update your processes by February 16, 2026, to meet the standards.

Why This Matters

The Health Insurance Portability and Accountability Act (HIPAA) gives clear rules to keep health information private. Rules under 42 CFR Part 2 give extra privacy to SUD treatment records. It’s even stronger than HIPAA. It protects patient information when getting help from a program funded by the government.

What’s New

• Your patient must sign a new consent form.
• The form lets you share information for treatment, payment, or healthcare tasks.
• If you don’t submit the correct consent form or proof that you got consent, your claim will be denied.

Take These Steps

Update your processes, forms, and staff training now to be ready for the February 16, 2026, deadline:

1. Check your policies and forms and make updates if needed.
2. Talk to your staff about the new rules.
3. Add 42 CFR Part 2 rules to contracts with payers.
4. Look for signed consent before sending SUD claims.
5. Include a standard note when sharing records to explain privacy rules.
6. Keep all records safe from anyone who isn’t allowed to see them.

Use These Tips

Do regular audits to make sure you’re following the rules:

• Electronic claims: Use software that spots SUD claims and shows proof of patient consent.
• Paper claims: Attach signed consent forms and privacy notes to paper claims.

Following these steps will protect patient privacy and avoid penalties. Stay tuned for more details in the December issue of Provider News.