This federal regulation (42 CFR Part 2) requires 'part 2 programs' — substance use disorder treatment programs subject to federal confidentiality rules — to maintain a complaint process for noncompliance, prohibits retaliation against patients who file complaints, and prohibits requiring patients to waive their complaint rights as a condition of receiving treatment or enrollment. Compliance staff must ensure their program has a documented complaint intake process and that no patient is coerced or penalized for exercising these rights.
View official source§ 2.4 Complaints of noncompliance. (a) Receipt of complaints. A part 2 program must provide a process to receive complaints concerning the program's compliance with the requirements of this part. (b) Right to file a complaint. A person may file a complaint to the Secretary for a violation of this part by a part 2 program, covered entity, business associate, qualified service organization, or lawful holder in the same manner as a person may file a complaint under 45 CFR 160.306 for a violation of the administrative simplification provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. (c) Refraining from intimidating or retaliatory acts. A part 2 program may not intimidate, threaten, coerce, discriminate against, or take other retaliatory action against any patient for the exercise by the patient of any right established, or for participation in any process provided for, by this part, including the filing of a complaint under this section or § 2.3(c). (d) Waiver of rights. A part 2 program may not require patients to waive their right to file a complaint under this section or § 2.3 as a condition of the provision of treatment, payment, enrollment, or eligibility for any program subject to this part. [89 FR 12618, Feb. 16, 2024]