Which agency regulation applies to facilities providing substance use disorder (SUD) treatment and receiving federal funding?

The regulation that specifically applies to facilities providing substance use disorder (SUD) treatment and receiving federal funding is 42 CFR part 2. This regulation protects the confidentiality of substance use disorder patient records and ensures that these records are not disclosed without the patient's consent, thereby maintaining privacy within treatment facilities.

The primary goal of 42 CFR part 2 is to encourage individuals to seek treatment for substance use disorders by providing assurance that their sensitive information will be safeguarded. The regulation applies to any program or facility that receives federal assistance and provides, or holds itself out as providing, SUD treatment services.

In contrast, while HIPAA (the Health Insurance Portability and Accountability Act) also addresses patient privacy, it does not offer the same level of protection for substance use disorder records as 42 CFR part 2. This is especially significant because substance-related treatment records are treated more strictly given the stigma and legal implications often associated with such conditions.

34 CFR part 99 relates to the protection of student education records and is not applicable in the context of SUD treatment facilities. Similarly, 21 CFR part 1306 pertains to the controlled substances regulations in the context of prescribing and medication management but does not address the confidentiality and privacy specifically related to