August 17, 2020
Confidentiality rules related to substance use disorder services have historically been more stringent than confidentiality requirements for other diagnoses. This has made it more challenging to share consumer information from one professional to another. As the country moves toward a greater integration of care, data sharing through electronic health records, health information exchanges and other mechanisms are fundamental. Not only are communities working toward better integration of care, but they are also coordinating their responses to the opioid epidemic.
The federal Substance Abuse and Mental Health Administration (SAMHSA) has revised the confidentiality rule (42 CFR Part 2) to increase flexibility in assisting individuals with an opioid addiction. The 42 CFR Part 2 regulation is focused on protecting patient records created by federally assisted programs. SAMHSA has developed a fact sheet that reviews the changes that have been made to the rule. The changes became effective on August 14, 2020.
While the changes to the rule do address sharing of information from one professional to another, they do not change the limitations on using confidential service information for court orders and proceedings.
NC DHHS noted the changes through Joint Communication Bulletin #J370 and indicated that training is forthcoming.