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HIPAA Compliance Requirements as of February 16, 2026

  • 5 minutes ago
  • 3 min read

We wanted to send a reminder about an upcoming compliance deadline relating to the federal HIPAA Rules – in particular with respect to the Privacy Notices/Notice of Privacy Practices that your offices and facilities are using with your patients, residents, and clients.


The federal government issued a final rule in 2024 requiring that covered entities under HIPAA comply with a new set of requirements relating to reproductive health care privacy, which rule also included requirements relating to the use and disclosure of substance use disorder treatment records under federal regulations at 42 CFR Part 2.


As noted in the following link and the language below in yellow, a federal court case in 2025 eliminated most of these new requirements – specifically in connection with the reproductive health care privacy requirements.  However, the revisions to the Privacy Notices/Notice of Privacy Practices relating to the use and disclosure of substance use disorder treatment records under federal regulations at 42 CFR Part 2 remain in place and compliance (in the form of new Notices) is required by February 16, 2026.  Other legal changes are also detailed under 42 CFR Part 2 as well.



On June 18, 2025, the U.S. District Court for the Northern District of Texas issued an order declaring unlawful and vacating most of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy at 89 Federal Register 32976 (April 26, 2024). With regard to the modifications to the HIPAA Privacy Rule Notice of Privacy Practices (NPP) requirements at 45 CFR 164.520, the court vacated only the provisions that were deemed unlawful, namely 164.520(b)(1)(ii)(F), (G), and (H). The remaining modifications to the NPP requirements are undisturbed and remain in effect, see Carmen Purl, et al. v. U.S. Department of Health and Human Services, et al., No. 2:24-cv-00228-Z (N.D. Tex. June 18, 2025). Compliance with the remaining NPP modifications is required by February 16, 2026. HHS will determine next steps after a thorough review of the court’s decision.


These changes to Privacy Notices/Notice of Privacy Practices apply to drug and alcohol treatment programs subject to 42 CFR Part 2 regulations as well as to other providers and parties, for example, that receive substance use disorder treatment records from programs directly subject to the federal law.  Here is a sample of some of the new requirements right from the federal requirements:


·Substance use disorder treatment records received from programs subject to 42 CFR part 2, or testimony relaying the content of such records, shall not be used or disclosed in civil, criminal, administrative, or legislative proceedings against the individual unless based on written consent, or a court order after notice and an opportunity to be heard is provided to the individual or the holder of the record, as provided in 42 CFR part 2. A court order authorizing use or disclosure must be accompanied by a subpoena or other legal requirement compelling disclosure before the requested record is used or disclosed.


·If a covered entity that creates or maintains records subject to 42 CFR part 2 intends to use or disclose such records for fundraising for the benefit of the covered entity, the individual must first be provided with a clear and conspicuous opportunity to elect not to receive any fundraising communications.

Please make sure you are in compliance with these new requirements.


The embedded links in this Briefing are currently active but may become unavailable in the future.

 



Our firm has extensive experience counseling health care providers on statutory and regulatory requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.

 

 

 

This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2026 Law Offices of Pullano & Farrow PLLC

 
 
 
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