A new Substance Abuse and Mental Health Services Administration (SAMHSA) final rule is intended to modernize federal regulations governing the confidentiality of substance abuse records. SAMHSA explains in the preamble that it the agency "wants to ensure that patients with substance use disorders have the ability to participate in, and benefit from health system delivery improvements, including from new integrated health care models while providing appropriate privacy safeguards." In particular, the final rule seeks to facilitate the electronic exchange of substance use disorder information for treatment and other legitimate health care purposes, while ensuring appropriate confidentiality protections for records that might identify an individual as having or having had a substance use disorder. The rule is effective February 17, 2017. In a related development, SAMHSA published a supplemental notice of proposed rulemaking proposing additional clarifications on disclosures of covered data to contractors, subcontractors and legal representatives to carry out payment and other health care related activities. Comments will be accepted until February 17, 2017.
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