OCR Launches Civil Enforcement for Substance Use Disorder Patient Records — FQHCs with BH Programs Now in Scope
HHS Office for Civil Rights began enforcing confidentiality protections for substance use disorder (SUD) patient records under 42 CFR Part 2, now aligned with HIPAA penalty tiers. FQHCs operating behavioral health or SUD treatment programs must ensure their consent forms, EHR configurations, and staff training comply with the new enforcement framework.
Noncompliance can trigger monetary settlements, corrective action plans, or civil money penalties.
Key takeaways
- 42 CFR Part 2 enforcement now aligned with HIPAA penalty tiers — real financial risk for noncompliance
- FQHCs with SUD/BH programs must audit consent forms, EHR access controls, and staff training immediately
- OCR can now investigate complaints and impose monetary penalties for SUD record mishandling
Primary source
HHS Office for Civil RightsSource packet
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FQHC Talent. (2026, February 16). OCR Launches Civil Enforcement for Substance Use Disorder Patient Records — FQHCs with BH Programs Now in Scope. Primary source: HHS Office for Civil Rights. Retrieved July 28, 2026, from https://www.fqhctalent.com/intel/ocr-sud-records-enforcement-feb-2026
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