Which federal regulation governs confidentiality of substance use disorder treatment records?

• A. HIPAA Privacy Rule
• B. 42 CFR Part 2
• C. FERPA
• D. ADA Title II

Answer: (B)

Confidentiality of substance use disorder treatment records is governed by 42 CFR Part 2, a federal rule designed to protect privacy for records that identify a person as receiving SUD treatment. This regulation is stricter than the general HIPAA Privacy Rule because it requires explicit, written patient consent for most disclosures outside the program and limits sharing with others, with only narrow exceptions for emergencies, certain reports, and approved research. The aim is to reduce stigma and encourage treatment by ensuring sensitive treatment information isn’t disclosed without clear permission. In contrast, the HIPAA Privacy Rule covers protected health information more broadly across health care, FERPA governs student education records, and ADA Title II focuses on nondiscrimination and accessibility in public services.