HHS to tighten rules protecting medical records of substance abuse patients

The Department of Health and Human Services has proposed new rules on patient record disclosures to ensure substance use disorder patients can participate in new integrated healthcare models without risk of having their records shared inappropriately.

The revisions on the Confidentiality of Alcohol and Drug Abuse Patient Records would also facilitate health information exchange and to address legitimate privacy concerns of patients seeking treatment for substance use, HHS said.

"This proposal will help patients with substance use disorders fully participate and benefit from a healthcare delivery system that's better, smarter and healthier, while protecting their privacy," HHS Secretary Sylvia Burwell said in a statement.

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The proposal reflects the changing healthcare landscape, including the development of an electronic infrastructure that focuses on managing and exchanging patient data and an increased focus on performance measurement and quality improvement.

The current rules, sometimes referred to as 'Part 2', were created in 1975 amid concerns that potential substance use disorder treatment information used in criminal prosecutions would deter individuals from seeking necessary treatment. It was last updated in 1987. Part 2 rules are more stringent than other federal protections, including the Health Insurance Portability and Accountability Act, due to its targeted population.

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"We're moving Medicare and the healthcare system as a whole toward new integrated care models that incentivize providers to coordinate and put the patient at the center of their care, and we're modernizing our rules to protect patients," Burwell said.

The public comment session on this proposal is open until 5 p.m. Eastern on April 11.

Twitter: @JessiefDavis