Behavioral health · Source dated
Behavioral health practices: the Part 2 compliance date has passed
Practices covered by Part 2 should discuss whether their website’s notice of privacy practices reflects the requirements that took effect in February 2026.
By Quantum Clinical Advisors · Published
Illustrative photography; not the organization or people discussed.
What happened
The 2024 Part 2 final rule has been effective since April 16, 2024, and compliance was required by February 16, 2026. The source date shown here is the compliance date, not a publication date for the HHS page.
HHS’s model notices of privacy practices page states that, as of February 16, 2026, covered entities that are subject to Part 2 are required to include information about substance use disorder (SUD) patient records in their notice of privacy practices. This applies to practices covered by Part 2; ask your attorney whether it applies to your practice.
Read the source (opens in a new tab)Why it's important to know
Part 2 applicability matters when reviewing a practice’s notice of privacy practices.
The website is one place patients may read that notice.
Your attorney can help determine whether Part 2 applies to your practice.
How this could potentially affect your practice
- Depending on whether Part 2 applies to your practice, your website’s notice of privacy practices may need review with your attorney.
- The posted notice could differ from the practice’s current notice, making an update worth discussing.
- Marketing and website text about SUD services might need careful review.
- SUD-related pages and forms could be a useful focus when discussing how to keep patient details out of public-facing website content.
Questions for your practice
These are QCA discussion points, not findings about your practice or a compliance certification.
- Does the website link to a current notice of privacy practices?
- Who owns updates when the notice changes?
- Has the practice’s attorney confirmed whether Part 2 applies?
- Are SUD-related pages and forms free of patient details?
Source and scope
HHS Part 2 page: Understanding Confidentiality of Substance Use Disorder (SUD) Patient Records or “Part 2” (opens in a new tab). Source dated February 16, 2026. The reported facts above are summarized from the cited sources; the practice questions are QCA's commentary.
HHS model notices page: Model Notices of Privacy Practices (opens in a new tab). Additional source for the notice requirements applicable from February 16, 2026.
This article is general business information, not medical, legal or financial advice. Applicability depends on your practice and its activities. Consult qualified legal, compliance and IT advisers for decisions about HIPAA and other privacy obligations. QCA provides marketing and website consulting only and does not access patient information.