Last month, the Legal Action Center shared a report explaining how the upcoming Medicaid work reporting requirements under H.R. 1 intersect with federal health privacy protections — particularly 42 CFR Part 2 and its applicability to substance use disorder (SUD) treatment information. “As states prepare to implement the new work reporting rules beginning in 2027, understanding when and how SUD‐related data can be used to determine eligibility for exemptions is critical,” the Legal Action Center states. The guide breaks down how Part 2 applies (and doesn't) to SUD‐related Medicaid claims data, and highlights when patient consent may or may not be required for exemption determinations. For the report, go to https://www.lac.org/assets/files/New‐Medicaid‐Work‐Reporting‐Requirements‐42‐CFR‐Part‐2.pdf .
Alison Knopf (Mon,) studied this question.