ABHW Issues Statement on 42 CFR Part 2 Compliance Deadline

WASHINGTON – February 17, 2026 – The Association for Behavioral Health and Wellness (ABHW) issued the following statement today following the deadline for entities to comply with the 42 CFR Part 2 Final Rule. 

As the updated 42 CFR Part 2 confidentiality regulations take effect and entities comply with the February 16, 2026, deadline, many providers and health systems continue to report uncertainty about how to operationally implement consent, data-sharing, and privacy requirements in care coordination. Although a single consent for treatment, payment, and health care operations (TPO) is permitted and aligns Part 2 more closely with the Health Insurance Portability and Accountability Act (HIPAA), stakeholders still cite gaps and ambiguity that could slow integration of substance use disorder records into broader care workflows, potentially delaying timely, coordinated care for patients. 

Another layer of complexity is emerging as the federal government and states look to implement changes to Medicaid that will impact individuals with substance use disorders. The new Medicaid community engagement requirements and exemptions for people with substance use disorders depend on diagnosis and treatment information under Part 2. This has raised more questions about the appropriate use and disclosure of Part 2 information, which could directly affect patients’ access to essential services. 

“Implementing Part 2 in practice remains challenging for many organizations because the consent and disclosure provisions are still not fully aligned with standard health information practices,” said ABHW President and CEO Debbie Witchey. “More education and information are needed to help health care stakeholders fully comply with the new Part 2 rules. Further, clear notice from federal agencies as it relates to the Medicaid community engagement requirements is needed to  maintain critical care coordination for individuals with substance use disorders, so patients can access the treatment they need. We must keep making improvements in care and outcomes for this population and ensure we do not lose the progress we have worked so hard to achieve.”