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ASAM Appreciates SAMHSA's Issuance of a Notice of Proposed Rulemaking to Amend 42 CFR Part 2

August 23, 2019


On August 23, ASAM joined the Partnership to Amend 42 CFR Part 2 in expressing its appreciation for SAMHSA's issuance of a notice of proposed rulemaking (NPRM), “Coordinating Care and Information Sharing in the Treatment of Substance Use Disorders,” which would modify and modernize 42 CFR Part 2, the regulations that govern confidentiality of drug and alcohol treatment and prevention records. In addition to mental health and substance use policy rules, the agency will re-examine rules, such as the Stark Law, Anti-Kickback Statute (AKS), and HIPAA, that impede coordinated care.


The NPRM would allow patients to consent to the disclosure of their information to a wide range of entities, without having to name the specific individual receiving this information on behalf of a given entity, and furthermore allow opioid treatment programs (OTPs) to enroll in state prescription drug monitoring programs (PDMPs) and submit the dispensing data for controlled substances consistent with applicable state laws. It also clarifies that treatment records created by non-Part 2 providers based on their own patient encounters will not be subject to Part 2, unless SUD records previously received from a provider subject to Part 2 are incorporated in the non-Part 2 provider’s records, among other provisions.


Reacting to the NPRM, Dr. Shawn Ryan, Chair of ASAM’s Legislative Advocacy Committee, stated “ASAM appreciates efforts to improve care coordination and seeks to hasten the day when all our patients can easily access state-of-the-art treatment in a healthcare system that does not stigmatize their disease.”


Read the NPRM here.


Read the Partnership to Amend 42 CFR Part 2’s press release here.