HHS Calls for Cutting Back Patient Privacy Protections to Fight Opioid Abuse

Political reaction to the opioid crisis may soon bring about changes to HIPAA and other medical privacy laws. Patient privacy is all well and good—except when that protected patient is a substance abuser. At least that's the tenor of HHS Secretary Alex Azar's recent speech proclaiming the agency's determination to review "regulations that impede the ability of doctors, hospitals and payors to coordinate."

Scope of Review
It's not just HIPAA. HHS is also planning to hold hearings on Title 42 CFR Part 2. The Confidentiality of Substance Use Disorder Patient Records was established in 1975 to prevent misuse of a patient's confidential Substance Use Disorder (SUD) information in criminal cases, administrative proceedings and other non-treatment settings involving the patient. The idea is to make sure that SUD-related records generated by federally-assisted Part 2 programs don't become Exhibit A in a prosecution against the patient. Part 2 program rules supplement standard HIPAA privacy protections by requiring the use of consent forms and imposing strict limits on provider collection, use and disclosure of personal information that can be used to identify the patient.

Fighting Opioid Abuse Trumps Privacy Rights
Secretary Azar suggests that once comments conclude, HHS will take "regulatory action to reform these rules." HIPAA and Part 2 privacy protections "get in the way of communities and families working together to combat our country's crisis of opioid addiction, another top priority for President Trump."

Of course, changing privacy regulations will be neither simple nor swift, requiring a lengthy rulemaking process. It remains to be seen whether Congressional elections and the simple passage of time dulls the ardor of the anti-opiate crusade and/or fuels the determination of patient privacy rights advocates.