HHS seeks to relax privacy rules for substance use disorder patients

HHS wants to update confidentiality rules that govern the medical records of substance use disorder (SUD) patients, according to a proposed rule released August 22.

Changes include trying to make it easier for medical professionals to share the records of SUD patients, an effort that aims to improve care coordination and prevent serious errors resulting from a lack of communication. For instance, a doctor without access to a patient’s complete medical records might mistakenly prescribe opioids to an SUD patient.

The proposed rule is part of a greater initiative to tackle the nation’s opioid addiction epidemic. “The emergence of the opioid crisis has created significant clinical and safety challenges for providers that has highlighted the need for thoughtful updates to 42 CFR Part 2 to enhance patient safety and increase care coordination for all providers involved in the treatment of SUD,” according to an HHS press release discussing the changes.

A 1975 law predating HIPAA, 42 CFR Part 2 was intended to assure people seeking SUD treatment from federally assisted programs that their medical records wouldn’t be shared with law enforcement. In recent years, however, the rule has been criticized as both burdensome and outdated, and its reform has received strong support, including from the American Hospital Association and 39 state attorneys general.

Still, some worry that changes to 42 CFR Part 2 will compromise patient privacy, potentially dissuading SUD patients from getting help. In a statement addressing the proposed changes, the Legal Action Center, a member of the Campaign to Protect Patient Privacy Rights, wrote that “weakening existing protections will only prevent people who need SUD treatment from entering care out of fear that their private health information would be used against them in harmful ways.”

HHS is accepting comments until October 25.