The ERISA Industry Committee Supports Proposed Regulations on Confidentiality of Substance Use Disorder Patient Records

WASHINGTON, January 31, 2023 – The ERISA Industry Committee (ERIC) today called on the U.S. Department of Health and Human Services (HHS) to allow employer sponsors of health plans to access the plans’ de-identified claims data regarding potential and current substance use disorder (SUD) treatment from third-party vendors.

“During the COVID-19 pandemic, and as our nation’s opioid and fentanyl crises continue, ERIC’s large employer member companies have recognized and responded to an increased need for mental, behavioral, and substance use disorder (SUD) care among employees and their dependents,” said James Gelfand, President of ERIC. “And while ERIC members respect the need for the confidentiality of sensitive health data, plan sponsors need certain de-identified health information relating to SUD treatment in order to evaluate and improve health benefits. That’s why ERIC urges HHS to allow employer plan sponsors to have the ability to access de-identified claims data regarding SUD treatment from the third-party vendors serving their employees.”

Gelfand added that, “ERIC member companies continually work to provide better tools, support, and resources to the patients we insure, and our members want to do more to help their workforce. But employers can only work with the information that is available, and they need data to know what is working, where resources are lacking, and where to target quality improvement activities.”

In addition to its recommendation for the proposed HHS rule, ERIC voiced support for other provisions in the proposed rule, including:

  • Harmonization between defined terms in existing confidentiality of substance use disorder patient records regulations and HIPAA rules
  • Modifications to the content of the HIPAA Notice of Privacy Practices to address both the uses and disclosures of confidentiality of substance use disorder patient records and a patient’s rights
  • Patients will only need to provide consent once for treatment, payment, and operations disclosures

To read ERIC’s comments in response to the “Confidentiality of Substance Use Disorder (SUD) Patient Records” proposed rule, visit ERIC’s website here.

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All media inquiries to The ERISA Industry Committee should be directed to media@eric.org.

About The ERISA Industry Committee
ERIC is a national advocacy organization that exclusively represents large employers that provide health, retirement, paid leave, and other benefits to their nationwide workforces. With member companies that are leaders in every sector of the economy, ERIC advocates on the federal, state, and local levels for policies that promote flexibility and uniformity in the administration of their employee benefit plans.