SUD Receives an Unexpected Gift from the CARES Act

Buried on page 256, under Subpart-C, Miscellaneous Provisions, Section 3321, is signed law changing substance abuse disorder (SUD) health information protected under 42CFR Part 2.

We've previously spoken to some changes being discussed to better align HIPAA with SUD information protected under 42CFR Part 2. The Coronavirus Aid, Relief, and Economic Security (CARES) Act has removed the restriction that any SUD disclosure need a unique and specific permission from the patient. Now, SUD information can be disclosed for treatment, payment or operations (TPO) as permitted by the HIPAA regulations to other Covered Entities or Business Associates with a single patient consent - until the patient revokes such disclosure permissions.

There are other details you may wish to read and a link is provided with the graphic below. This is big news that has been discussed for years and we applaud the decision. Let us know in the comments if you don't agree?

Stay (HIPAA) safe,