OCR Announces New Program to Enforce Confidentiality of SUD Records
The United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) introduced a new Civil Enforcement Program designed to implement statutory and regulatory requirements protecting the confidentiality of substance use disorder (“SUD”) patient records. These protections were originally established under the Coronavirus Aid, Relief, and Economic Security Act (“CARES”). Beginning on February 16, 2026, OCR will accept complaints regarding alleged violations of SUD confidentiality requirements and conduct investigations as needed. OCR may resolve these matters through various civil enforcement mechanisms, including resolution agreements, monetary settlements, corrective action commitments, and civil money penalties for noncompliance.
OIG Publishes Favorable Opinion on Lab Services for Affiliated Urgent Care Centers
The Office of Inspector General (“OIG”) for HHS published Advisory Opinion 26-02, responding to a proposal in which the Requestor would operate an independent clinical laboratory that provides services to patients at its managed urgent care centers. OIG concluded that the proposed arrangement would not constitute prohibited remuneration under the federal Anti‑Kickback Statute and, therefore, would not result in administrative sanctions against the Requestor.*