HHS Releases Guidance When state Medicaid Agencies can Use SUD records to Verify Exemption from Community Engagement Requirements

Published: 10/08/2026

Sources:
  • U.S. Department of Health and Human Services (HHS)
Relevant To:
  • All Healthcare Organizations

The Department of Health and Human Services Office for Civil Rights released new guidance on statutory and regulatory requirements under 42 CFR Part 2, which protect the confidentiality of substance use disorder (SUD) patient records.

This notice clarifies that state Medicaid agencies use Part 2 records to verify whether a Medicaid applicant or beneficiary meets the definition of a “specified excluded individual,” who would be exempt from Medicaid community engagement requirements as outlined…

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