Quality & Science

ASAM Submits Comments on NPRM Regarding Confidentiality of Substance Use Disorder Patient Records — Proposed Modifications Related to 42 CFR 2.63

by | September 25, 2019


On September 25, ASAM submitted comments on a Notice of Proposed Rulemaking (NPRM) regarding Confidentiality of Substance Use Disorder Patient Records - specifically on proposed modifications related to 42 CFR 2.63, which would expand the ability of law enforcement to investigate Part 2 records by reverting a language change implemented in 2017. The NPRM would also dramatically expand the type of crime which would allow law enforcement to access records by changing the meaning of the phrase “extremely serious crimes” in the preamble.  


In its letter, ASAM proposed a revision to the proposed language of the NPRM to balance the need for appropriate federal enforcement efforts targeting “rogue doctors and pill mills” with the need to continue safeguarding, and encouraging, confidential communications between patients and Part 2 programs. ASAM concluded its comments by requesting that SAMHSA further clarify the preamble of the final rule to ensure that the phrase “extremely serious crime” retains its historical meaning.


Read the NPRM here.


Read ASAM's comments here


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