Federal regulations at 42 CFR Part 2 protect records of federally assisted substance use disorder treatment programs. Disclosure generally requires specific written consent or a court order meeting defined criteria, and a subpoena alone is insufficient.
Recent amendments aligned some provisions with HIPAA.
Alternative Names:
Part 2 Records, Substance Use Disorder Records
Why it Matters?
A standard HIPAA authorization does not reach these records, which is a recurring collection failure in injury litigation where substance use history bears on causation or damages. Obtaining them requires either a Part 2 specific consent or a court order finding good cause after notice, with the order applying a balancing test weighing the need against the injury to the treatment relationship. Planning for that process avoids discovering the gap at expert disclosure.
Frequently Confused with
Related terms
Frequently asked questions
Does a HIPAA authorization reach Part 2 records?
What does a Part 2 court order require?
