This section cites the statutory authority (42 U.S.C. § 290dd-2(g)) that empowers the Secretary of HHS to issue regulations protecting the confidentiality of substance use disorder patient records. It establishes the legal basis for the Part 2 regulatory framework, including definitions, safeguards, and procedures for court orders authorizing disclosure. Facility operators subject to Part 2 must understand that this provision underpins all confidentiality requirements governing SUD patient records.
View official source§ 2.1 Statutory authority for confidentiality of substance use disorder patient records. Title 42, United States Code, section 290dd-2(g) authorizes the Secretary to prescribe regulations to carry out the purposes of section 290dd-2. Such regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection 290dd-2(b)(2)(C), as in the judgment of the Secretary are necessary or proper to effectuate the purposes of section 290dd-2, to prevent circumvention or evasion thereof, or to facilitate compliance therewith. [89 FR 12617, Feb. 16, 2024]