How to update a Notice of Privacy Practices for Substance Use Disorder disclosure restrictions

HIPAA compliance isn’t a “set it and forget it” item, especially when federal rules change. The Department of Health and Human Services has mandated that all HIPAA covered entities must update their Patient Privacy Practices policy to include special disclosure restrictions on Substance Use Disorder (SUD) records by Feb. 16, 2026. Click here to review the HHS fact sheet.

What to do Next:

  1. Confirm whether 42 CFR Part 2 applies to your organization and how SUD records may be created, received or maintained in your environment.
  2. Update your Notice of Privacy Practices using the required language. We’ve included a ready-to-use template with the wording for this update.
  3. Implement and document the update through your normal HIPAA process (posting/distribution and internal records) by Monday, Feb. 16, 2026.

HHS finalized major revisions to 42 CFR Part 2 to modernize and align certain aspects with HIPAA, while preserving enhanced confidentiality protections for SUD records. This is not limited to dedicated SUD treatment organizations. Dental and healthcare practices can trip into Part 2 exposure through normal workflows, including:

  • Referrals and record transfers (you receive records from a Part 2 program)
  • Integrated care coordination where SUD treatment information moves across care teams
  • Hospital/health system affiliations or partner networks where records flow downstream
  • Vendor ecosystems (EHR, revenue cycle, care coordination platforms) where Part 2 records are stored or accessed

If your organization can touch Part 2-protected SUD records, even occasionally, your NPP should be aligned and your compliance file should show your work.

Questions?

If you have questions about whether 42 CFR Part 2 applies to your practice, or you want a second set of eyes on your rollout and documentation, contact an Adams Brown advisor.

This information is provided for general awareness and does not constitute legal advice. Please consult your attorney to confirm applicability and implementation for your practice.