This regulation requires Part 2 programs (substance use disorder treatment programs subject to 42 CFR Part 2) to provide patients, upon request, an accounting of disclosures made with consent within the prior three years, following HIPAA standards under 45 CFR 164.528. For disclosures related to treatment, payment, and health care operations, the accounting obligation applies only when those disclosures were made through an electronic health record. Facility operators must maintain disclosure records and respond to patient accounting requests in compliance with both Part 2 and HIPAA requirements.
View official source§ 2.25 Accounting of disclosures. (a) General rule. Subject to the limitations in paragraph (b) of this section, a part 2 program must provide to a patient, upon request, an accounting of all disclosures made with consent under § 2.31 in the 3 years prior to the date of the request (or a shorter time period chosen by the patient). The accounting of disclosures must meet the requirements of 45 CFR 164.528(a)(2) and (b) through (d). (b) Accounting of disclosures for treatment, payment, and health care operations. (1) A part 2 program must provide a patient with an accounting of disclosures of records for treatment, payment, and health care operations only where such disclosures are made through an electronic health record. (2) A patient has a right to receive an accounting of disclosures described in paragraph (b)(1) of this section during only the 3 years prior to the date on which the accounting is requested. [89 FR 12625, Feb. 16, 2024]