New effective date for updated rules on the sharing of identifiable substance abuse disorder patient information

February 16, 2017

Health Care Alert

Author(s): Jena M. Grady

SAMHSA delays effective date of new rules, but comment deadline remains today for proposed rules.

On February 16, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) delayed the effective date of its final rule (the Final Rule) implementing changes to the Confidentiality of Alcohol and Drug Abuse Patient Records regulations at 42 CFR Part 2 (Part 2) that was to take effect on February 17, 2017. The new effective date of the Final Rule is March 21, 2017. According to SAMHSA’s comments, this delay is the result of the regulatory freeze issued by the President in late January. The purpose of the regulatory freeze is to provide the administration and its appointees the opportunity to review new or pending regulations, including the Final Rule.

It is important to note, the delayed effective date of the Final Rule does not affect the Supplemental Notice of Proposed Rulemaking (SNPRM) concurrently issued with the Final Rule. All comments for the SNPRM still must be received by today, February 17, 2017.

Nixon Peabody’s previous alert summarizing the Final Rule and the SNPRM is available here.

The notice of the Final Rule’s delay is available here.

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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