Group health plan sponsors should calendar February 16, 2026, as the compliance deadline for updating the plan’s HIPAA Notice of Privacy Practices (“NPP”) to reflect the special rules that apply to substance use disorder (“SUD”) treatment records.

Plan sponsors who previously made updates to the plan’s NPP, or other HIPAA compliance materials, to reflect the now vacated rules related to reproductive health information will also need to update those materials to remove those changes, if they have not already done so.

NPP Updates for Substance Use Disorder Treatment Records

February 16, 2026, is the deadline for HIPAA-covered group health plans to update their NPPs to reflect federal regulations that heighten confidentiality protections applicable to SUD treatment records protected under 42 C.F.R. Part 2 (“Part 2”). Part 2 adds an additional layer of protection, beyond HIPAA’s privacy requirements, to covered SUD treatment records and applies to group health plans that receive SUD-related information through claims administration, care management, pharmacy benefit managers, or employee assistance programs.  Recent changes to the HIPAA privacy rule require group health plans to include specific information in the plan’s NPP about the additional protections that apply to SUD treatment records under Part 2.

HIPAA Reproductive Health Rule Vacated June 18, 2025

As outlined in our previous Client Alert, the Department of Health and Human Services previously amended HIPAA’s privacy rule to add special protections for reproductive health care records (“Reproductive Health Rule”). Health plan sponsors may have already revised their NPP (and other HIPAA compliance materials) to address both the Part 2 notice requirements and the Reproductive Health Rule at the same time.  However, on June 18, 2025, the U.S. District Court for the Northern District of Texas vacated the Reproductive Health Rule (but not the Part 2 notice requirements).  Accordingly, the Reproductive Health Rule no longer applies and does not need to be reflected in the plan’s NPP or other HIPAA compliance materials.

Plan sponsors who previously made updates to the plan’s HIPAA compliance materials to reflect the Reproductive Health Rule will need to review what changes were made to their NPP, policies and procedures, trainings, and business associate agreements and make revisions as needed.

If you have questions about updating the plan’s NPP or other HIPAA compliance materials, please contact your SGR benefits counsel.