Deadline for Submitting Comments on 42 CFR Part 2 Notice of Proposed Rulemaking

April 11, 2016, at 5 p.m. Eastern Time

HHS published proposed revisions to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, 42 CFR Part 2. The Notice of Proposed Rulemaking, entitled Confidentiality of Substance Use Disorder Patient Records, was published in the Federal Register on February 9, 2016. This proposal was prompted by the need to update and modernize the regulations.

The goal of the proposed changes is to facilitate information exchange within new health care models while addressing the legitimate privacy concerns of patients seeking treatment for a substance use disorder. The regulatory changes will ensure that patients with substance use disorders have the choice to participate in and benefit from new integrated health care models without fear of the risk of adverse consequences. Due to its targeted population, the Part 2 rules provide more stringent federal protections than most other health privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA).

Deadline for Submitting Comments

HHS welcomes public comment on this proposed rule. To be assured consideration, comments must be received at one of the addresses provided below, no later than5 p.m. eastern time, on April 11, 2016. HHS will consider all relevant comments received by the date and time specified, and will respond to the comments in the preamble of the final rule.

Watch SAMHSA's 42 CFR Part 2 Notice of Proposed Rulemaking overview webinar:

Learn more about Patient Privacy and Substance Abuse Treatment Records

How To Submit Comments

In commenting, please refer to file code SAMHSA-4162-20. You may submit comments in one of four ways (to avoid duplication, please submit your comments in only one of the ways listed):

Electronically: Federal eRulemaking Portal. You may submit comments electronically to www.regulations.gov. Follow the "Submit a comment" instructions.
By regular mail. Written comments mailed by regular mail must be sent to the following address ONLY:
The Substance Abuse and Mental Health Services Administration
Department of Health and Human Services
Attn: SAMHSA-4162-20
5600 Fishers Lane
Room 13N02B
Rockville, MD 20857
Please allow sufficient time for mailed comments to be received before the close of the comment period.
By express or overnight mail. Written comments sent by express or overnight mail must be sent to the following address ONLY:
The Substance Abuse and Mental Health Services Administration
Department of Health and Human Services
Attn: SAMHSA-4162-20
5600 Fishers Lane
Room 13N02B
Rockville, MD 20857
By hand or courier. Written comments delivered by hand or courier must be delivered to the following address ONLY:
The Substance Abuse and Mental Health Services Administration
Department of Health and Human Services
Attn: SAMHSA-4162-20
5600 Fishers Lane
Room 13N02B
Rockville, MD 20857

Inspection of Public Comments

ALL COMMENTS received before the close of the comment period are available for viewing by the public, including any personally identifiable and/or confidential information that is included in a comment. We post all comments received as soon as possible after they have been received on the following website www.regulations.gov. Follow the search instructions on that website to view public comments.

Comments received before the close of the comment period also will be available for public inspection, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Substance Abuse and Mental Health Services Administration, 5600 Fishers Lane, Rockville, Maryland 20857, Monday through Friday of each week from 8:30 a.m. to 4 p.m. eastern time. To schedule an appointment to view public comments, phone 240–276–1660.

Questions? Contact PrivacyRegulations@samhsa.hhs.gov.