Publications & Presentations
April 3, 2020

Overview of 42 C.F.R. Part 2

Author, American Health Law Association Bulletin

42 C.F.R. Part 2 (Part 2) protects the confidentiality of substance abuse records created by a “Part 2 program.” The Part 2 regulations implement 42 U.S.C. § 290dd-2, the underlying statute which requires confidentiality of substance use disorder (SUD) patient records created and maintained by Part 2 programs. These records include information about not only patients who have been given a diagnosis and treatment, but also patients who applied to a program but ultimately were not given a diagnosis or treatment.