Dear Leader McConnell, Leader Schumer, Speaker Ryan, and Leader Pelosi:
Thank you for your leadership in combatting the opioid epidemic. The undersigned organizations represent a
diverse group of stakeholders across the health care spectrum committed to aligning 42 CFR Part 2 (Part 2) with
the Health Insurance Portability and Accountability Act (HIPAA) for the purposes of treatment, payment, and
health care operations (TPO). The SUPPORT for Patients and Communities Act, H.R. 6, and the Opioid Crisis
Response Act represent critical steps in addressing this crisis. We strongly urge you to include the Overdose
Prevention and Patient Safety (OPPS) Act, H.R. 6082, in the final opioid agreement. This language will bolster
the effectiveness of other key provisions in the package that promote coordinated care and expand access to
treatment.
Part 2, federal regulations that govern confidentiality of drug and alcohol treatment and prevention records, sets
requirements limiting the use and disclosure of patients’ substance use records from certain substance use
programs. Patients are required to give multiple consents, creating a barrier for integration and coordination of
health care. A lack of access to the full scope of medical information for each patient can result in the inability of
providers and organizations to deliver safe, high-quality treatment and care coordination. The barriers presented
by Part 2 can result in the failure to integrate services and can lead to potentially dangerous medical situations for
patients.
H.R. 6082, which passed the House of Representatives by a bipartisan vote of 357-57, would align Part 2 with
HIPAA for TPO and strengthen protections against the use of addiction records in criminal, civil, or administrative
proceedings. The bill further amplifies consumer protections by incorporating antidiscrimination language,
significantly enhanced penalties for any breach of a patient’s substance use record, and breach notification
requirements.
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