02/16/2026
Compliance Alert: New privacy rules for Substance Use Disorder (SUD) records are officially in effect today, February 16, 2026.
HHS has updated 42 CFR Part 2 to better align with HIPAA. While this makes it easier for providers to coordinate care, it also means your organization has new responsibilities.
What should you do right now?
1️⃣ Check your Notice of Privacy Practices. It must now explain that SUD records cannot be used in legal proceedings against a patient without specific consent or a court order.
2️⃣ Review your Consent Forms. You can now use a single consent for TPO, but your forms must meet the new regulatory standards.
3️⃣ Train your staff. Ensure everyone knows the difference between a standard medical record and "SUD Counseling Notes."
At TotalHIPAA, we track regulatory changes to make sure you have the tools you need to stay protected.
Read our full breakdown of the Feb 16 deadline here: https://www.totalhipaa.com/preparing-for-the-february-16-2026-42-cfr-part-2-sud-deadline/
For years, 42 CFR Part 2 has operated as a separate, more stringent set of rules than HIPAA. However, following the CARES Act, the HHS has issued a Final Rule to bring these two frameworks into closer alignment.
