(a) General. The patient records subject to the regulations in this part may be used or disclosed only as permitted by the regulations in this part and may not otherwise be used or disclosed in any civil, criminal, administrative, or legislative proceedings conducted by any Federal, state, or local authority. Any use or disclosure made under the regulations in this part must be limited to that information which is necessary to carry out the purpose of the use or disclosure.
(b) Unconditional compliance required. The restrictions on use and disclosure in the regulations in this part apply whether or not the part 2 program or other lawful holder of the patient identifying information believes that the person seeking the information already has it, has other means of obtaining it, is a law enforcement agency or official or other government official, has obtained a subpoena, or asserts any other justification for a use or disclosure which is not permitted by the regulations in this part.
(c) Acknowledging the presence of patients: Responding to requests.(1) The presence of an identified patient in a health care facility or component of a health care facility that is publicly identified as a place where only substance use disorder diagnosis, treatment, or referral for treatment is provided may be acknowledged only if the patient's written consent is obtained in accordance with subpart C of this part or if an authorizing court order is entered in accordance with subpart E of this part. The regulations permit acknowledgment of the presence of an identified patient in a health care facility or part of a health care facility if the health care facility is not publicly identified as only a substance use disorder diagnosis, treatment, or referral for treatment facility, and if the acknowledgment does not reveal that the patient has a substance use disorder.
(2) Any answer to a request for a disclosure of patient records which is not permissible under the regulations in this part must be made in a way that will not affirmatively reveal that an identified individual has been, or is being, diagnosed or treated for a substance use disorder. An inquiring party may be provided a copy of the regulations in this part and advised that they restrict the disclosure of substance use disorder patient records, but may not be told affirmatively that the regulations restrict the disclosure of the records of an identified patient.
[82 FR 6115, Jan. 18, 2017, as amended at 85 FR 43037, July 15, 2020; 89 FR 12621, Feb. 16, 2024]
Notes of Decisions
Cited in
19
cases (
5 in the last 5 years), 1978–2025 · leading case:
In the Matter of Baby X, 293 N.W.2d 736 (Mich. Ct. App. 1980).
In the Matter of Baby X, 293 N.W.2d 736 (Mich. Ct. App. 1980).
“42 CFR § 2.13 (1979). Thus, the release of the hospital’s report and records concerning Baby X’s withdrawal symptoms and the information regarding Mother X’s drug abuse was allegedly in contravention of the Federal statute as well as possibly a state statute, MCL 325.”
State v. Tatlow, 290 P.3d 228 (Ariz. Ct. App. 2012).
“§ 290dd-2(b)(l); 42 C.F.R. § 2.13 (a), (c); 42 C.F.R. § 2.”
United States v. Billy Johnston, Jr., 810 F.2d 841 (8th Cir. 1987).
· cites it 3× “§ 290ee-3; see also 42 C.F.R. § 2.13 (a). The accompanying regu *843 lations generally prohibit disclosure of “all information about patients, including their attendance or absence, physical whereabouts, or status as patients, whether or not recorded, in the possession of…”
United States v. Cottle, 11 M.J. 572 (1981).
“For example the regulations do appear to contemplate exceptions which would allow divulgence of records or testimony at courts-martial under three circumstances: (1) where the information directly substantiates a crime or the threat thereof, against program personnel or on…”
Hurt v. State, 694 N.E.2d 1212 (Ind. Ct. App. 1998).
“Further, 42 C.F.R. § 2.13 provides as follows: (a) General.”
Ctr. for Legal Advocacy v. Earnest, 188 F. Supp. 2d 1251 (D. Colo. 2002).
“For example, 42 C.F.R. § 2.13 (a) provides that patient records may be disclosed pursuant to these regulations, yet the disclosure must be limited to the information necessary to carry out the purpose of disclosure.”
In re Dwayne G., 97 Misc. 2d 333 (N.Y.C. Fam. Ct. 1978).
“(42 CFR 2.13 [c].) There is no real dispute between the parties with regard to petitioner’s request for production of the records.”
United States v. Schmenk, 11 M.J. 803 (1981).
“AFM 111 — 1, paragraph 5-14b(3) and 42 C.F.R. § 2.13 (a). Also see generally, 42 C.”
Carr v. Allegheny Health, Educ. & Rsch. Found., 933 F. Supp. 485 (W.D. Pa. 1996).
“42 C.F.R. § 2.13 (a). The regulations go on to provide that “[a] court order under these regulations may authorize disclosure of confidential communications made by the patient to a program in the course of diagnosis, treatment, or referral for treatment only if” one of three…”
State v. Toland, 283 P.3d 930 (Or. Ct. App. 2012).
· cites it 5× “” 42 CFR § 2.13 (c)(1). The restrictions on disclosure provided in the regulations “apply whether the holder of the information believes that the person seeking the information already has *398 it, has other means of obtaining it, is a law enforcement or other official, has…”
Jeanette a v. Condon, 728 F. Supp. 204 (S.D.N.Y. 1989).
“42 C.F.R. § 2.13 states: (a) General. The patient records to which these regulations apply may be disclosed or used only as permitted by these regulations and may not otherwise be disclosed or used in any civil, criminal, administrative, or legislative proceedings conducted by…”
Pacheco v. Ortiz, 463 N.E.2d 670 (Oh. Ct. Com. Pl., Cuyahoga 1983).
“Moreover, which one or more of these statutes and regulations may specifically apply to the subpoened records can neither practicably nor pernissably be determined at this juncture, 42 C.F.R. 2.13(e). Therefore, since the subpoenaed documents are not discoverable under the Civil.”
— 42 C.F.R. § 2.13(c)(1) — 1 case
State v. Toland, 283 P.3d 930 (Or. Ct. App. 2012).
“” 42 CFR § 2.13 (c)(1). The restrictions on disclosure provided in the regulations “apply whether the holder of the information believes that the person seeking the information already has *398 it, has other means of obtaining it, is a law enforcement or other official, has…”
— 42 C.F.R. § 2.13(e) — 1 case
Pacheco v. Ortiz, 463 N.E.2d 670 (Oh. Ct. Com. Pl., Cuyahoga 1983).
“Moreover, which one or more of these statutes and regulations may specifically apply to the subpoened records can neither practicably nor pernissably be determined at this juncture, 42 C.F.R. 2.13(e). Therefore, since the subpoenaed documents are not discoverable under the Civil.”
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treatment. Dots show Syfertize treatment of the citing case itself.