House passes bill to align privacy rules for SUD patient records with HIPAA

The U.S. House passed the Overdose Prevention and Patient Safety Act (HR 6082) on June 20 to amend the Public Health Service Act and protect the confidentiality of substance use disorder (SUD) patient records.

The current law for releasing SUD patient records falls under 42 CFR Part 2, which applies to federally assisted SUD programs. The law was written to ensure confidentiality and to not dissuade persons from seeking treatment for SUD. Currently, disclosure of a SUD patient’s medical record without written consent is permitted only in limited situations, like to medical personnel in a medical emergency.

HR 6082 would align more with HIPAA privacy regulations, which allow for disclosure of patient information in a broader set of circumstances, like to a public health authority so long as the content meets the standards of de-identified information.

“The Overdose Prevention and Patient Safety Act (H.R. 6082) would enhance care coordination and improve patient safety by aligning the outdated 42 CFR Part 2 regulations with HIPAA, allowing the responsible sharing of substance use disorder treatment records for purposes of treatment, payment, and healthcare operations,” said American Hospital Association Executive Vice President Tom Nickels in a statement.