Redline of Final Rule Revising the Confidentiality of Alcohol and Drug Abuse Patient Records Regulations
Verrill Dana's Health Care Group previously published an alert regarding the publication, on January 18, 2017, of a final rule revising the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, commonly known as "Part 2" (the "Final Rule"), for the first time in 29 years. We have created a redlined version comparing the longstanding version of Part 2 against the Final Rule.
The Final Rule was scheduled to take effect on February 17, 2017, but, on January 20, 2017, the incoming Administration issued a freeze on recently published, but not yet effective, regulations, including the Final Rule. The Final Rule will therefore not become effective until March 21, 2017, at the earliest. Under the regulatory freeze, federal agencies are currently reviewing any recently published, but not yet effective, regulations for questions of fact, law, and policy. If no questions exist, the regulations will be effective 60 days after the January 20th freeze was issued, on March 21st. If questions do exist, the agency at issue, SAMHSA in this case, may consider proposing for notice and comment a rule to delay the effective date beyond that 60-day period and may consider potentially proposing further notice-and-comment rulemaking.