Which federal regulation protects the confidentiality of substance use treatment records and often has stricter rules than HIPAA in many cases?

• A. HIPAA
• B. 42 CFR Part 2
• C. FERPA
• D. GDPR

Answer: (B)

The question tests understanding of the strongest confidentiality protections specifically for substance use treatment records. 42 CFR Part 2 is a federal regulation that protects the confidentiality of these records and is often stricter than HIPAA. It applies to substance use treatment programs that are federally assisted or receive certain funds, and it requires written patient consent to disclose identifying information in most cases. Redisclosure is highly restricted, and disclosures are limited to what’s necessary for the purpose and only in narrowly defined exceptions, such as medical emergencies or research with proper safeguards. These tighter rules reflect the sensitive nature of treatment information and aim to minimize stigma and risk to patients. By comparison, HIPAA provides general privacy protections for health information and allows more disclosures with patient authorization or for treatment, payment, and health care operations, but it does not impose the same level of restriction specific to substance use treatment records. FERPA and GDPR address education records and EU data protection, respectively, and do not govern substance use treatment records in the same targeted way.