HHS Privacy Net Expands to Addiction Treatment Breaches
Published Date: 2/17/2026
Notice
Summary
The Department of Health and Human Services is updating its records system that handles complaints and reports about civil rights and health privacy issues. This change adds new info about breaches involving substance use disorder patient records. People affected can comment on these updates until March 19, 2026, but there’s no new cost or delay—just better protection and clarity!
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Part 2 SUD Breach Reports Added
OCR's records system now includes reports of breaches of unsecured substance use disorder (SUD) patient records maintained by programs subject to 42 CFR part 2 and complaints and compliance reviews involving potential Part 2 violations. A Part 2 breach report form, approved by OMB, will be available on OCR's website and must be filed through the HHS website. Comments on the modified system are accepted through March 19, 2026.
Breaches Affecting Over 500 Will Be Posted
OCR will collect and post on the HHS website information identifying covered entities and Part 2 programs that experience breaches of unsecured protected health information or unsecured Part 2 records affecting more than 500 individuals, as required by section 13402(e) of the HITECH Act and section 3221(h) of the CARES Act. The notice says publicly released information will be limited to what HHS would be required to release under FOIA to avoid an unwarranted invasion of personal privacy.
Annual Report, Technical Assistance Added
OCR will use the system to develop an annual report to Congress regarding breach notification by Part 2 programs and to provide technical assistance, training, and guidance materials regarding breaches of Part 2 records. The notice ties these activities to information reported to the Secretary by Part 2 programs and qualified service organizations.
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