OCR Begins Enforcing 42 CFR Part 2 for Substance Use Disorder Records — FQHCs with MAT/SUD Programs Must Comply

OCR has begun enforcement of the updated 42 CFR Part 2 regulations as of February 16, 2026. The updated rule aligns Part 2 with HIPAA but adds enhanced protections for substance use disorder treatment records. FQHCs operating MAT, SUD treatment, or behavioral health programs must ensure their consent forms, breach notification procedures, and information-sharing agreements comply with the new requirements. Non-compliance risks both OCR enforcement and patient trust erosion. Most CA FQHCs have behavioral health programs affected by this change.