In this three-part series, we investigate the duties of SUD providers under Part 2 in the face of subpoenas and investigations. Part One discussed the contours of the duties in the face of a subpoena, while Part Two walked you through what happens when your employees are contacted by investigators. Part Three will guide you throughout the investigatory process.

In this three-part series, we investigate the duties of SUD providers under Part 2 in the face of subpoenas and investigations. Part One discussed the contours of the duties in the face of a subpoena, while Part Two walks you through what happens when your employees are contacted by investigators.

Part 2 increases protections for SUD patient records because of the stigma and legal consequences associated with substance use treatment. Protecting patient records serves an important public health interest, because weakening confidentiality discourages patient participation in treatment. Federal courts have enforced Part 2 to protect patients. The increased privacy protection for substance use treatment was originally intended to prevent prosecution of patients in active treatment programs, and it still does. While Part 2 is not a new regulation, it did undergo major changes when the 2024 Final Rule was adopted on April 16, 2024 (with a two-year implementation period). Enforcement for the updated Part 2 rules began on February 16, 2026, when the HHS Office for Civil Rights (“OCR”) launched a civil enforcement program and began accepting complaints alleging Part 2 violations and breach notification violations.