Addiction Policy News

ASAM Urges HHS to Expedite Revising 42 CFR Part 2 Rule Pursuant to the CARES Act

April 28, 2020


On April 28, the Partnership to Amend 42 CFR Part 2, of which ASAM is a member, sent a letter to the Secretary of Health and Human Services Alex Azar thanking him and Deputy Secretary Hargan for their work on current 42 CFR Part 2 (Part 2) regulations while also urging the Department of Health and Human Services (HHS) to quickly issue a rule on the Part 2 provisions in the Coronavirus Aid, Relief, and Economic Safety Act (CARES Act). 


The letter observes that the COVID-19 pandemic has the potential to contribute to an increase in SUDs, and therefore it is more important than ever that the roadblocks to providing care for patients with SUDs are removed. It notes that the changes to Part 2 included in the CARES Act will significantly improve coordination of care for patients, but more specificity will be needed to implement the flexibilities provided in the act. Thus, HHS must issue a rule on 42 CFR Part 2 as quickly as possible to supplement the provisions of the CARE Act. The letter concludes by drawing attention to guidance issued by SAMHSA suspending the prohibitions on use and disclosure of patient information under Part 2 for medical emergencies. This guidance could be used as a stepping stone by HHS while it is revising the Part 2 rule.


Read the letter here.