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ADA Updates Sample Notice to Align with HIPAA Rules Addressing Substance Use Disorder Records

Jan 27, 2026

Beginning February 16, 2026, HIPAA covered entities must include information in their Notice of Privacy Practices (NPP) describing how substance use disorder records may be used and disclosed. This requirement is the result of guidance set by the United States Department of Health and Human Services in April of 2024. The American Dental Association (ADA) has provided a checklist and made updates to its Sample Notice of Privacy Practices to reflect the updated requirement. 

To comply with the February 16 deadline, dental practices should:
o Update their notice of privacy practices
o Provide the revised notice of privacy practices to new patients
o Have the new notice available for individuals upon request
o Post the information online and in a prominent location in the dental office
o Train staff on updates regarding the use and disclosure of substance use disorder information
o Continue to follow usual HIPAA rules using the revised notice

o Remember, compliance documentation must be retained 6 years from the date the document was created or from the date the document was no longer in effect, whichever is later. 

The amended ADA NPP adds a section related to the use and disclosure of information related to substance use disorder treatment. It specifies that information from a substance use disorder treatment program covered by 42 CFR Part 2 (part 2 program) may be used and disclosed as permitted. This may take the form of a general consent related to healthcare operations, billing, and treatment provided to a part 2 program or a specific consent provided to the dental office or another third party.

The stated intention behind the new requirement is to, “reduce the need for data segmentation and tracking.” Previously, part 2 program records had to be siloed from other records due to strict limits on redisclosure. The new regulation allows patients to issue a single consent for future uses and disclosures for treatment, payment, and healthcare operations. It also allows covered entities and business associates receiving records under this consent to redisclose records in accordance with HIPAA regulations. Notably, part 2 program records cannot be used in a legal proceeding without a court order or specific consent. 

The updated ADA sample Notice of Privacy Practices replaces the sample Notice of Privacy Practices previously included in the ADA Practical Guide to HIPAA Compliance, the ADA Practical Guide to HIPAA Training and the Personalized Notice of Privacy Practices Brochure. E-book versions of these publications have already been updated.