Regulation detail

42 CFR § 2.1

Up to date
Ask Ariadne
SR
42 CFR § 2.1 removed

§ 2.1 Statutory authority for confidentiality of substance use disorder patient records.

Jurisdiction: US Agency: Substance Abuse and Mental Health Services Administration (HHS)
DETOX (100%) OTP (100%) OUTPATIENT (100%) SUD_IOP (100%) SUD_PHP (100%) SUD_RESIDENTIAL (100%)
Plain-English summary

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
Regulation text
§ 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]