New Protections for the Use or Disclosure of PHI
Effective February 16, 2026, every clinic providing services to individuals being treated for Substance Use Disorders and Mental Health conditions, is required to include the following information regarding the use or disclosure of PHI
Substance Use Disorder (SUD) and Mental Health Patient Records - 89 FR 12472
Patients receiving treatment for substance use disorders (SUD) and mental health conditions may now sign a single consent for all future uses and disclosures for treatment, payment, and health care operations.
When a patient signs this consent, all HIPAA covered entities and business associates may redisclose their records as they would normally do under HIPAA.
SUD and mental health records that are de-identified according to the standards in the HIPAA Privacy Rule may be disclosed to public health authorities without patient consent.
The use of SUD and mental health records requested to be used in civil, criminal, administrative, and legislative proceedings against patients, is restricted to use ONLY with patient consent or a court order.
