HHS Secretary confirms 42 CFR Part 2 reform

HHS is planning to reform HIPAA and 42 CFR Part 2 in an effort to improve care coordination. In remarks to the Heritage Foundation July 26, HHS Secretary Alex Azar conveyed that HHS is starting a review of regulations that interfere with coordination among doctors, hospitals, and payers. Among these rules to be reviewed and ultimately reformed are HIPAA and 42 CFR Part 2.

According to Azar, HHS’ aim with the reforms is to promote value-based care that lowers costs. Azar noted that the HIPAA Privacy Rule and 42 CFR Part 2 not only impede value-based care but also hinder communication among doctors, families, and communities that are working to combat the country’s opioid addiction crisis.

These comments align with actions already taken by Congress to address the ongoing opioid crisis. As we reported in June, the U.S. House passed the Overdose Prevention and Patient Safety Act (HR 6082) bill, which aligns 42 CFR Part 2, implemented in 1975 to protect the confidentiality of substance use disorder (SUD) patient records, with the HIPAA Privacy Rule, which allows for a broader set of circumstances where SUD patient records can be disclosed without a patient’s written consent. The bill would allow for SUD patient records to be disclosed to a covered entity in accordance with HIPAA for treatment, payment, and healthcare services, as well as to public health authorities, so long as the disclosure meets HIPAA standards of de-identified information.

The Secretary did not mention in his address any specific plans HHS has for how these privacy rules may be reformed. HR 6082 was received by the Senate June 21 and referred to the Committee on Health, Education, Labor, and Pensions, where it will be evaluated.