Quality & Science

ASAM Urges Legislators to Align 42 CFR Part 2 with the Health Insurance Portability And Accountability Act

by | July 5, 2019


On July 5, the Partnership to Amend 42 CFR Part 2 (of which ASAM is a member) sent a letter urging Sen. Lamar Alexander (R-TN), chairman of the Senate Committee on Health, Education, Labor, and Pensions (HELP), to add a provision to the Lower Health Care Costs Act of 2019 that would align 42 CFR Part 2 with Health Insurance Portability and Accountability Act (HIPAA) for purposes of treatment, payment, and operations (TPO) as the Committee prepared to mark up the bill.


The letter notes that while Part 2 was created with the noble goal of reducing stigma associated with substance use disorders and encouraging people to seek treatment without fear of prosecution by law enforcement, its not compatible with the way health care is delivered in the 21st Century. In order to bring the regulations in line with 21st Century health care, Part 2 needs to harmonize with HIPAA to allow for the transmission of SUD records without written consent for treatment, payment, and health care operations


Read the letter here.