Are you ready for the February 2026 deadline for your revised HIPAA-compliant Notice of Privacy Practices (“NPP”)?

On February 16, 2024, the U.S. Department of Health and Human Services issued a Final Rule regarding HIPAA to, among things, better align HIPAA confidentiality provisions with 42 CFR Part 2 substance use treatment regulations with respect to the handling of confidential substance use treatment information.

By February 16, 2026, NPPs should be updated to properly integrate the new standards and reflect other key changes. For example:

1. With respect to Substance use disorder (“SUD”) “counseling notes”: SUD treatment notes that are appropriately segregated from the patient health care record will be afforded the same confidential status as HIPAA-protected “psychotherapy notes.” This distinction, and the fact that such records may be withheld from production, even to patients, must be included in the NPP section regarding psychotherapy notes.
2. Patients must be given a clear opportunity to opt out of fundraising communications with notification of this right expressly included in both the NPP and future fundraising materials.
3. The complaint process regarding unauthorized disclosures of SUD records must mirror the complaint process regarding any other HIPAA breach, expressly granting patients the right to file complaints with HHS and the program itself. The process for complaints regarding SUD records should be clearly referenced in the NPP’s complaint section.

Should you have any questions or concerns regarding these changes, or if you would like assistance with updating your NPP or your HIPAA Policies and Procedures, Drummond Woodsum is here to help. You can contact Attorney Jennifer Riggle, Elek Miller, or Maureen Sturtevant for more information.