The ADA updated its sample Health Insurance Portability and Accountability Act, or HIPAA, Notice of Privacy Practices to reflect new federal requirements regarding the use and disclosure of certain substance use disorder treatment information.

Beginning Feb. 16, HIPAA-covered practices must include information in their Notice of Privacy Practices describing how substance use disorder records protected under title 42 of the Code of Federal Regulations Part 2 may be used and disclosed. The new federal requirements are the result of a final rule modifying the Part 2 rules published Feb. 16, 2024.

Under federal law, the Part 2 rules provide heightened confidentiality protections for records related to federally assisted substance use disorder diagnosis, treatment, or referral. Dental practices may receive these records as part of a patient’s health history or through coordination of care with other providers. The updated Notice of Privacy Practices explains how these records may be handled when they are received by a dental practice with consent from an individual in a Part 2 program, or under one of the exceptions to the consent requirements.

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To comply with the new requirement by the Feb. 16 deadline, dental practices should update the Notice of Privacy Practices by including the new language related to substance use disorder information disclosure language. They should provide the revised Notice of Privacy Practices to new patients at intake, have it available at the dental office for individuals to request, and post the information in a prominent location in the dental office, as well as on the dental office website if it has one, as required by HIPAA. Electronic distribution is acceptable if patients have agreed to receive notices electronically.

The requirement to update Notice of Privacy Practices does not change other longstanding HIPAA requirements such as the provider’s duty to safeguard protected health information, obtain patient authorization for certain uses and disclosures, and notify affected individuals following a breach of unsecured protected health information.

The updated ADA sample Notice of Privacy Practices replaces the sample Notice of Privacy Practices previously included in the ADA Practical Guide to HIPAA Compliance, the ADA Practical Guide to HIPAA Training and the Personalized Notice of Privacy Practices Brochure. E-book versions of these publications have already been updated.

For the full explanation of the changes, visit the ADA website here.