HHS Hands Privacy Enforcement Baton to Civil Rights Office Director
Published Date: 8/27/2025
Notice
Summary
The Secretary of Health and Human Services has officially handed over important powers to the Director of the Office for Civil Rights. This means the Director can now handle rules and penalties related to keeping substance use disorder patient records private. These changes start right away and could involve money penalties and legal actions to make sure the rules are followed.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 1 costs, 0 mixed.
OCR Gains Power to Enforce SUD Privacy
If you are a patient with substance use disorder, the Secretary delegated to the Office for Civil Rights the authority to administer and enforce the confidentiality rules at 42 CFR part 2 (42 U.S.C. 290dd-2). That authority to interpret, implement, and enforce these privacy protections is effective August 25, 2025.
New Enforcement Tools and Penalties for Record Holders
If you hold or handle substance use disorder patient records, OCR can now impose civil money penalties under section 1176 of the Social Security Act, enter into monetary settlements and corrective action plans, and issue subpoenas for compliance reviews under 42 CFR part 2. These enforcement powers are delegated to OCR effective August 25, 2025.
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