Spencer Fane attorney Kristen Petry recently wrote an article for the National Rural Health Association titled, “How HHS SUD Confidentiality Regulations Will Impact Rural Providers.” In the article, Kristen discusses the U.S. Department of Health and Human Services’ release of the final rule under 42 CFR Part 2, which implements Section 3221 of the CARES Act to ease SUD confidentiality regulations.
The final rule aligns Part 2 more closely with HIPAA practices, modifying regulations related to consent on use and disclosure, filing complaints, civil and criminal penalties, notice of privacy practices and breach notifications, segregation of SUD records, and fundraising communications. Kristen emphasizes the importance for rural health care providers that qualify as Part 2 programs to adhere to the updated policies and procedures, as rural communities face additional challenges related to the confidentiality and privacy of substance use treatment. She also cautions providers to be careful not to inadvertently fall into the definition of a Part 2 program.
As a lawyer with experience in health care litigation and compliance issues, Kristen assists clients in navigating both simple and complex cases at Spencer Fane. She has a wealth of knowledge in federal regulations such as HIPAA and CFR Part 2. For more information on the final rule under 42 CFR Part 2, visit the Spencer Fane blog.
