The U.S. Department of Health and Human Services (HHS) recently modified regulations for substance use disorder (SUD) patient records (see 42 CFR Part 2 or Part 2), making it more important than ever for health care organizations and providers to ensure they’re prepared to meet the new requirements. In a recent article for Healthcare Risk Management, Katherine Hyde and Mel Soliz explain the changes and their impact.

These revisions aim to better align the Part 2 regulations with the Health Insurance Portability and Accountability Act (HIPAA). The new Part 2 enforcement and penalty structure will include both criminal and civil penalties and will require Part 2 programs to report unauthorized uses and disclosures of SUD records in violation of Part 2 to individuals, HHS, and in some instances state attorneys general and the media.

For health care providers, this means reviewing and updating their privacy policies, training staff, and revising their processes to ensure compliance with the new standards. Katherine and Mel encourage providers to utilize this time wisely ahead of the February 2026 compliance deadline to fully prepare for the changes.

A nationally recognized attorney in health data privacy and interoperability, Mel works with organizations to implement health information technologies that integrate SUD data protected by Part 2. As a respected thought leader, health systems, health plans, and tech companies seek out her expertise.

Katherine advises clients in the health care industry on compliance with federal and state data privacy, security, and patient access laws, as well as data breach notification laws. She has experience developing policies and procedures for health care providers, drafting website privacy policies, analyzing uses and disclosures of health information to determine reporting obligations, and responding to subpoenas and other requests for health information. She also advises clients in the health care industry on communicating with patients and consumers and conducting digital advertising and marketing in compliance with state and federal laws.

Learn more about the SUD record changes by reading the full article in Healthcare Risk Management.