OCR Launches Civil Enforcement for Substance Use Disorder Patient Records, FQHCs with BH Programs Now in Scope
Issue
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 points
- 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
Sources for this story
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Part of
- Enforcement: privacy, fraud and audits
HIPAA rules and OCR enforcement
- Behavioral-health integration and capacity
FQHC Talent. (2026, February 16). OCR Launches Civil Enforcement for Substance Use Disorder Patient Records, FQHCs with BH Programs Now in Scope. Source: HHS Office for Civil Rights. Retrieved October 6, 2026, from https://www.fqhctalent.com/intel/ocr-sud-records-enforcement-feb-2026
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