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Today, HHS published a final rule amending the federal privacy protections for substance use disorder treatment records, 42 CFR Part 2.
The final rule implements some of the changes in the CARES Act of 2020, which directed the U.S. Department of Health and Human Services (HHS) to loosen privacy protections for addiction treatment records while introducing new anti-discrimination protections. HHS has said it plans to start the rulemaking process for the anti-discrimination protections later this year. 

"Privacy rights are civil rights, especially for people who have used drugs and seek healthcare. Unfortunately, the new changes to 42 CFR Part 2 will have the overall effect of undermining individuals’ rights to control and prevent disclosures of their health records with criminalized and stigmatized information. We know that many people continue to experience discrimination in healthcare settings, employment, and the family regulation system based on past or current drug use, and it is concerning that this rule will loosen privacy protections without strengthening anti-discrimination protections."

-Jacqueline Seitz, Deputy Director of Health Privacy

The final rule permits providers and insurance companies to share records more easily, but also strengthens the enforcement of the privacy law and gives patients the right to receive notice after a breach. LAC and many other advocates and directly-impacted individuals submitted comments during the rulemaking process to advocate for better privacy protections. We are pleased to see the final rule addresses many of these comments, including some of LAC’s key recommendations to protect patients’ privacy and autonomy. 

LAC is convening a stakeholder meeting to discuss the implications of the final rule and its potential impact on patients and providers. If you haven’t already, sign up for our health privacy mailing list to receive updates about forthcoming privacy events, resources, and more information. You can also reach out to Jacqueline Seitz with any questions at jseitz@lac.org.  
The Legal Action Center uses legal and policy strategies to fight discrimination, build health equity, and restore opportunity for people with arrest and conviction records, substance use disorders, and HIV/AIDS.