HHS seeks to enhance care for substance use disorder

Photo: Basak Gurbuz Derman/Getty Images

The U.S. Department of Health and Human Services, through its Office for Civil Rights and the Substance Abuse and Mental Health Services Administration (SAMHSA), has finalized modifications to the Confidentiality of Substance Use Disorder Patient Records regulations, which protect the privacy of patients' SUD treatment records.

Specifically, the final rule increases coordination among providers treating patients for SUDs, strengthens confidentiality protections through civil enforcement, and enhances the integration of behavioral health information with other medical records to improve patient health outcomes.

The rule was informed by the bipartisan Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that, among other things, required HHS to bring the Part 2 program into closer alignment with HIPAA Privacy, Breach Notification, and Enforcement Rules.

WHAT'S THE IMPACT?

The final rule includes a number of modifications to Part 2. For one, it permits the use and disclosure of Part 2 records based on a single patient consent, given once for all future uses, and disclosures for treatment, payment and healthcare operations.

It also permits redisclosure of Part 2 records by HIPAA covered entities and business associates in accordance with the HIPAA Privacy Rule, with certain exceptions.

According to HHS, the rule provides new rights for patients under Part 2 to obtain an accounting of disclosures and to request restrictions on certain disclosures – which is also granted by the HIPAA Privacy Rule. It also expands prohibitions on the use and disclosure of Part 2 records in civil, criminal, administrative and legislative proceedings.

In addition, the rule provides HHS enforcement authority, including the potential imposition of civil money penalties for violations of Part 2, and outlines new breach notification requirements applying to Part 2 records.

HHS Secretary Xavier Becerra called patient confidentiality one of the "bedrock principles" in healthcare.

"People who are struggling with substance use disorders must have the same ability to keep their information private as anyone else," he said." This new rule helps to ensure that happens, by strengthening confidentiality protections and improving the integration of behavioral health with other medical records."

THE LARGER TREND

Although more needs to be done, Medicaid fee-for-service has improved throughout the years when it comes to patients with SUD being able to access treatment, according to a 2023 study published in JAMA Network. 

Researchers said these findings are "highly salient," given that just 10 states use Medicaid FFS and that state Medicaid FFS programs set the minimum standard for SUD treatment coverage in Medicaid MCO plans.

OUD treatment in particular has garnered increased attention in recent years as the opioid epidemic continues to affect the healthcare landscape. In September 2022, HHS awarded more than $1.6 billion in investments for communities throughout the country to address the addiction and overdose crisis.

Jeff Lagasse is editor of Healthcare Finance News.
Email: jlagasse@himss.org
Healthcare Finance News is a HIMSS Media publication.