Tips and Tools for Social Workers - sharp pencil with jumbled letters behind it

NASW Comments on Confidentiality of Substance Use Disorder (SUD) Patients Records

By Makeba Royall, LCSW

On December 2, 2022, the Department of Health and Human Services Office of Civil Rights released for public comments the Notice for Proposed Rule Making (NPRM) regarding the Confidentiality of Substance Use Disorder (SUD) Patient Records.

The proposed rule:

  • Amended 42 CFR Part 2 to algin with the Health Insurance Portability and Accountability Act (HIPAA) rules to reflect language and improve clarity or readability
  • Modified the Notice of Patient Privacy requirements in 45 CFR 164.520 with Section 3221(i) of the Coronavirus Aid, Relief and Economic Security Act (CARES)

NASW submitted comments on the following topics:

  • SUD Counseling Notes and Psychotherapy Notes
  • Patients Who Lack Capacity and Deceased Patients
  • Notice of Privacy Practices
  • Disposition of Records by Discontinued Programs
  • Minors
  • Uses and Disclosures Permitted with Written Consent
  • Compliance Timelines

Read the association’s comments