Substance Use Privacy / 42 CFR Part 2
Substance use disorder treatment records may receive additional privacy protections under federal law, including 42 CFR Part 2, HIPAA, and applicable state law. Santana Mental Health Services’ Part 2 consent forms state that SUD treatment records may be used or disclosed only with written consent, except as otherwise permitted by 42 CFR Part 2, HIPAA, and applicable law.
HHS explains that Part 2 protects the confidentiality of patient records for people receiving substance use disorder services, and that the 2024 final rule updated 42 CFR Part 2 as required by the CARES Act.
When Written Consent May Be Needed
Written consent may be required before certain substance use disorder treatment records can be used or disclosed. A consent may identify:
Who may use or disclose the records
Who may receive the records
What records may be disclosed
The purpose of the disclosure
When the consent expires
How the consent may be revoked
Santana Mental Health Services’ standard Part 2 consent form includes sections for authorized users/disclosers, authorized recipients, records to be disclosed, purpose, expiration, and revocation.
Treatment, Payment, and Health Care Operations
Part 2 rules may allow a single consent for future uses and disclosures for treatment, payment, and health care operations. HHS states that the Part 2 final rule allows a single consent for future uses and disclosures for treatment, payment, and health care operations.
Counseling Notes
Substance use disorder counseling notes may require specific consent. Santana Mental Health Services’ SUD counseling notes consent states that a Part 2 program may not require a patient to sign that consent as a condition of treatment, payment, enrollment in a health plan, or eligibility for benefits.
Legal Proceedings
Substance use disorder records may have additional protections in legal proceedings. Santana Mental Health Services’ legal-proceedings Part 2 consent specifically addresses use or disclosure of SUD records in criminal, civil, legislative, or administrative proceedings.
Redisclosure
When Part 2 records are disclosed, there may be limits on how those records can be redisclosed. Santana Mental Health Services’ Part 2 forms state that recipients receiving records for treatment, payment, and health care operations may redisclose them in accordance with HIPAA, except that the records may not be used or disclosed in civil, criminal, administrative, or legislative proceedings conducted by a federal, state, or local authority against the patient.
Revoking Consent
A patient may revoke Part 2 consent in writing at any time, except to the extent action has already been taken in reliance on the consent.
Unauthorized Use or Disclosure
Santana Mental Health Services’ Part 2 forms state: “42 CFR Part 2 prohibits unauthorized use or disclosure of these records.”
This page is provided for general patient information and does not replace Santana Mental Health Services’ full intake forms, consent forms, privacy notices, financial agreements, or applicable law. If there is any conflict between this page and the signed patient forms, the signed forms and applicable law control. Patients may contact Santana Mental Health Services with questions.