On October 24, ASAM submitted its comments on SAMHSA’s notice of proposed rulemaking (NPRM) on Confidentiality of Substance Use Disorder Patient Records, which would make changes to 42 CFR Part 2. ASAM commented on a wide range of changes proposed by the NPRM, including a proposed change that would alleviate confusion surrounding what is considered unrecorded information and which record-keeping activities of non-Part 2 providers are not governed by Part 2.

Then, on October 25,  the Partnership to Amend 42 CFR Part 2, of which ASAM is a member, also submitted comments on the NPRM. The Partnership included a range of suggestions in its comments. It urged SAMHSA to align Part 2 with HIPAA for the purposes of TPO and allow for disclosure and redisclosure of Part 2 records for the purposes of case management and/or care coordination by revising the definition of “qualified services organization” (QSO). Finally, the Partnership encouraged SAMHSA to permit the use of an “opt out” consent process.

Read ASAM’s comments here.

Read the Partnership’s comments here.