HIPAA Change - Take Action By Feb. 16

In response to new federal requirements regarding the use and disclosure of certain substance use disorder treatment information, the ADA has revised its Sample Notice of Privacy Practices (NPP) to include information on the confidentiality of patient records from a 42 CFR Part 2 substance use disorder treatment program. This resource is ADA member-only and requires login credentials to access the PDF. The ADA has also created a Dental Practice Checklist outlining steps HIPAA-covered dental practices should complete before February 16, 2026. 

HIPAA Notice of Privacy Practices Update 

Effective February 16, 2026 

Dental practices covered by HIPAA must comply with a new federal requirement related to the use and disclosure of substance use disorder treatment information under 42 CFR Part 2, effective February 16, 2026. To comply, practices must update their Notice of Privacy Practices (NPP) to include new language describing how Part 2 records may be used and disclosed. 

What practices need to know: 

1) Existing patients do not need to re-sign the HIPAA acknowledgment. 

2) The updated NPP should be: 

• Provided to new patients at intake 
• Available in the office upon request 
• Posted in a prominent location in the dental office 
• Posted on the practice website, if applicable 
• Electronic distribution is acceptable if patients have agreed to receive notices electronically.
  

Please note: 

Practices are not required to contact past patients to re-sign the NPP. However, if a patient returns, the updated NPP may be provided and a good-faith effort should be made to obtain acknowledgment of receipt. If the patient does not sign, the attempt should be documented, consistent with longstanding HIPAA practices. 

This update does not change other existing HIPAA requirements, including safeguarding protected health information, obtaining patient authorization for certain uses and disclosures, or notifying affected individuals following a breach of unsecured protected health information. 

ADA resources: 

Dentists may order updated printed copies of the Personalized Notice of Privacy Practices brochure through the ADA. The revised Sample NPP and the Dental Practice Checklist are available to ADA members and reflect the new federal Part 2 requirements. 

What this means for dentists: 

To comply by the February 16 deadline, practices should update their Notice of Privacy Practices to include the required Part 2 disclosure language and ensure the revised notice is properly distributed and posted as outlined above. 

If you have questions about this or other topics relating to your practice, license, insurance etc, ask NJDA right HERE.