82 FR 10863 - Confidentiality of Substance Use Disorder Patient Records; Delay of Effective Date

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary

Federal Register Volume 82, Issue 31 (February 16, 2017)

Page Range		10863-10864
FR Document		2017-03185

On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a final rule on Confidentiality of Substance Use Disorder Patient Records. That rule is scheduled to take effect on February 17, 2017. In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' published in the Federal Register on January 24, 2017 (82 FR 8346), this action delays for 60 days from the date of the memorandum the effective date of the rule entitled ``Confidentiality of Substance Use Disorder Patient Records'' published in the Federal Register on January 18, 2017 (82 FR 6052).

Federal Register, Volume 82 Issue 31 (Thursday, February 16, 2017)

[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Rules and Regulations]
[Pages 10863-10864]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03185]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

42 CFR Part 2

[SAMHSA-4162-20]
RIN 0930-AA21


Confidentiality of Substance Use Disorder Patient Records; Delay 
of Effective Date

AGENCY: Substance Abuse and Mental Health Services Administration, HHS.

ACTION: Final rule; delay of effective date.

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SUMMARY: On January 18, 2017, the Substance Abuse and Mental Health 
Services Administration (SAMHSA) published a final rule on 
Confidentiality of Substance Use Disorder Patient Records. That rule is 
scheduled to take effect on February 17, 2017. In accordance with the 
memorandum of January 20, 2017, from the Assistant to the President and 
Chief of Staff, entitled ``Regulatory Freeze Pending Review,'' 
published in the Federal Register on January 24, 2017 (82 FR 8346), 
this action delays for 60 days from the date of the memorandum the 
effective date of the rule entitled ``Confidentiality of Substance Use 
Disorder Patient Records'' published in the Federal Register on January 
18, 2017 (82 FR 6052).

DATES: The effective date of the Confidentiality of Substance Use 
Disorder Patient Records final rule, published in the Federal Register 
on January 18, 2017 (82 FR 6052) is delayed from February 17, 2017, to 
a new effective date of March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Danielle Tarino, Telephone number: 
(240) 276-2857, Email address: [email protected].

SUPPLEMENTARY INFORMATION: The Confidentiality of Substance Use 
Disorder Patient Records Final Rule updates and modernizes the 
Confidentiality of Alcohol and Drug Abuse Patient Records regulations 
(42 CFR part 2) to facilitate integration of care and new health care 
delivery models while protecting the privacy of patients diagnosed, 
treated, or referred for treatment for a substance use disorder. To the 
extent that 5 U.S.C. 553 applies to this action to delay the rule's 
effective date, it is exempt from notice and comment because it 
constitutes a rule of procedure under 5 U.S.C. 553(b)(A). 
Alternatively, the Department's implementation of this rule without 
opportunity for public comment, effective immediately upon publication 
today in the Federal Register, is based on the good cause exception in 
5 U.S.C. 553(b)(B) in that seeking public comment is impracticable, 
unnecessary and contrary to the public interest. The 60-day delay in 
effective date is necessary to give Department officials the 
opportunity for further review and consideration of new regulations, 
consistent with the Assistant to the President's memorandum of January 
20, 2017. This memorandum instructed federal agencies to delay the 
effective date of rules published in the Federal Register, but which 
have not yet taken effect, for a period of 60-days from the date of the 
memorandum. Given the imminence of the effective date, seeking prior 
public

[[Page 10864]]

comment on this delay would have been impractical, as well as contrary 
to the public interest in the orderly promulgation and implementation 
of regulations.
    This notice does not impact the Supplemental Notice of Proposed 
Rulemaking (SNPRM) also entitled Confidentiality of Substance Use 
Disorder Patient Records and issued on January 18, 2017 (82 FR 5485). 
The SNPRM proposes for public comment additional provisions beyond 
those in the final rule to clarify the scope of permissible disclosures 
to contractors, subcontractors, and legal representatives. The SNPRM 
comment period will remain unchanged and will close on February 17, 
2017.

    Dated: February 10, 2017.
Kana Enomoto,
Acting Deputy Assistant Secretary for Mental Health and Substance Use.

Approved:

Thomas E. Price, M.D.,
Secretary, Department of Health and Human Services.
[FR Doc. 2017-03185 Filed 2-15-17; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Rules and Regulations 10863

(ii) Boeing Service Bulletin 767–21–0235, at 82 FR 654, is delayed from March 6, Services Administration (SAMHSA)
Revision 1, dated July 29, 2011. 2017, to March 21, 2017. published a final rule on Confidentiality
(iii) Boeing Service Bulletin 767–21–0244, of Substance Use Disorder Patient
FOR FURTHER INFORMATION CONTACT:
Revision 1, dated March 8, 2010. Records. That rule is scheduled to take
(iv) Boeing Alert Service Bulletin 767– Christopher Kuczynski, Assistant Legal
21A0245, Revision 2, dated September 27, Counsel, (202) 663–4665, or Aaron effect on February 17, 2017. In
2013. Konopasky, Senior Attorney-Advisor, accordance with the memorandum of
(v) Boeing Alert Service Bulletin 767– (202) 663–4127 (voice), or (202) 663– January 20, 2017, from the Assistant to
21A0247, Revision 1, dated April 9, 2013. 7026 (TTY), Office of Legal Counsel, the President and Chief of Staff, entitled
(vi) Boeing Alert Service Bulletin 767– U.S. Equal Employment Opportunity ‘‘Regulatory Freeze Pending Review,’’
21A0253, dated October 12, 2012. Commission. (These are not toll free published in the Federal Register on
(vii) Boeing Alert Service Bulletin 767– numbers.) Requests for this document in January 24, 2017 (82 FR 8346), this
21A0254, dated June 7, 2013. action delays for 60 days from the date
(viii) Boeing Service Bulletin 767–31–0073,
an alternative format should be made to
the Office of Communications and of the memorandum the effective date of
dated October 12, 1995. the rule entitled ‘‘Confidentiality of
(4) For service information identified in Legislative Affairs at (202) 663–4191
this AD, contact Boeing Commercial (voice) or (202) 663–4494 (TTY). (These Substance Use Disorder Patient
Airplanes, Attention: Contractual & Data are not toll free numbers.) Records’’ published in the Federal
Services (C&DS), 2600 Westminster Blvd., Register on January 18, 2017 (82 FR
SUPPLEMENTARY INFORMATION: On
MC 110–SK57, Seal Beach, CA 90740–5600; 6052).
January 3, 2017, the EEOC published a
telephone: 562–797–1717; Internet: https:// DATES: The effective date of the
www.myboeingfleet.com.
final rule amending 29 CFR 1614.203 to
clarify the affirmative action obligations Confidentiality of Substance Use
(5) You may view this service information
that Section 501 of the Rehabilitation Disorder Patient Records final rule,
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For Act of 1973, 29 U.S.C. 791, imposes on published in the Federal Register on
information on the availability of this federal agencies as employers. As January 18, 2017 (82 FR 6052) is
material at the FAA, call 425–227–1221. clarified in a correction published on delayed from February 17, 2017, to a
(6) You may view this service information January 11, 2017, at 32 FR 3170, the rule new effective date of March 21, 2017.
that is incorporated by reference at the was to become effective on March 6, FOR FURTHER INFORMATION CONTACT:
National Archives and Records 2017. On January 20, 2017, the White Danielle Tarino, Telephone number:
Administration (NARA). For information on (240) 276–2857, Email address:
the availability of this material at NARA, call
House issued a memorandum
instructing Federal agencies to postpone PrivacyRegulations@samhsa.hhs.gov.
202–741–6030, or go to: http://
www.archives.gov/federal-register/cfr/ibr- until 60 days after January 20, 2017, the SUPPLEMENTARY INFORMATION: The
locations.html. effective dates of any regulations that Confidentiality of Substance Use
had been published in the Federal Disorder Patient Records Final Rule
Issued in Renton, Washington, on February
2, 2017. Register but had not yet taken effect, for updates and modernizes the
the purpose of ‘‘reviewing questions of Confidentiality of Alcohol and Drug
Michael Kaszycki,
fact, law, and policy they raise.’’ The Abuse Patient Records regulations (42
Assistant Manager, Transport Airplane CFR part 2) to facilitate integration of
Directorate, Aircraft Certification Service.
EEOC is, therefore, delaying the
effective date of its final rule published care and new health care delivery
[FR Doc. 2017–03028 Filed 2–15–17; 8:45 am] models while protecting the privacy of
on January 3, 2017, at 82 FR 654, until
BILLING CODE 4910–13–P
March 21, 2017. patients diagnosed, treated, or referred
for treatment for a substance use
For the Commission.
disorder. To the extent that 5 U.S.C. 553
Dated: February 10, 2017.
EQUAL EMPLOYMENT OPPORTUNITY applies to this action to delay the rule’s
COMMISSION Victoria A. Lipnic, effective date, it is exempt from notice
Acting Chair. and comment because it constitutes a
29 CFR Part 1614 [FR Doc. 2017–03146 Filed 2–15–17; 8:45 am] rule of procedure under 5 U.S.C.
BILLING CODE 6570–01–P 553(b)(A). Alternatively, the
RIN 3046–AA94
Department’s implementation of this
Affirmative Action for Individuals With rule without opportunity for public
Disabilities in Federal Employment DEPARTMENT OF HEALTH AND comment, effective immediately upon
HUMAN SERVICES publication today in the Federal
AGENCY: Equal Employment Register, is based on the good cause
Opportunity Commission. Office of the Secretary exception in 5 U.S.C. 553(b)(B) in that
ACTION: Final rule; delay of effective seeking public comment is
date. 42 CFR Part 2 impracticable, unnecessary and contrary
[SAMHSA–4162–20] to the public interest. The 60-day delay
SUMMARY: In accordance with the in effective date is necessary to give
Presidential directive in the RIN 0930–AA21 Department officials the opportunity for
memorandum from the Assistant to the further review and consideration of new
President and Chief of Staff, dated Confidentiality of Substance Use
regulations, consistent with the
January 20, 2017, and entitled Disorder Patient Records; Delay of
Assistant to the President’s
‘‘Regulatory Freeze Pending Review,’’ Effective Date
memorandum of January 20, 2017. This
jstallworth on DSK7TPTVN1PROD with RULES

the U.S. Equal Employment AGENCY: Substance Abuse and Mental memorandum instructed federal
Opportunity Commission (‘‘EEOC’’) is Health Services Administration, HHS. agencies to delay the effective date of
delaying the effective date of a final rule rules published in the Federal Register,
ACTION: Final rule; delay of effective
published in the Federal Register on but which have not yet taken effect, for
date.
January 3, 2017. a period of 60-days from the date of the
DATES: The effective date of the EEOC SUMMARY: On January 18, 2017, the memorandum. Given the imminence of
final rule published on January 3, 2017, Substance Abuse and Mental Health the effective date, seeking prior public

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Document Created: 2018-02-01 15:02:23
Document Modified: 2018-02-01 15:02:23

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; delay of effective date.
Dates		The effective date of the Confidentiality of Substance Use Disorder Patient Records final rule, published in the Federal Register on January 18, 2017 (82 FR 6052) is delayed from February 17, 2017, to a new effective date of March 21, 2017.
Contact		Danielle Tarino, Telephone number:
FR Citation		82 FR 10863
RIN Number		0930-AA21

82 FR 10863 - Confidentiality of Substance Use Disorder Patient Records; Delay of Effective Date

DEPARTMENT OF HEALTH AND HUMAN SERVICESOffice of the Secretary

Federal Register Volume 82, Issue 31 (February 16, 2017)

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary