New HIPAA Rules Address Substance Use Disorder Records

The American Dental Association (ADA) provides updated sample notice ahead of February 16 deadline.

The ADA updated its sample Health Insurance Portability and Accountability Act (HIPAA) Notice of Privacy Practices to reflect new federal requirements regarding the use and disclosure of certain substance use disorder treatment information.

Beginning February 16, HIPAA-covered practices must include information in their Notice of Privacy Practices describing how substance use disorder records protected under title 42 of the Code of Federal Regulations Part 2 may be used and disclosed. Under federal law, the Part 2 rules provide heightened confidentiality protections for records related to federally assisted substance use disorder diagnosis, treatment, or referral. Dental practices may receive these records as part of a patient’s health history or through coordination of care with other providers.

The updated Notice of Privacy Practices explains how these records may be handled when they are received by a dental practice with consent from an individual in a Part 2 program, or under one of the exceptions to the consent requirements.