What share of posted notices have caught up?

Of substance use disorder treatment programs with public websites, what share post the Notice to Patients the 2024 rule requires, and of the notices that are posted, how many contain each element the rule requires?

The posted notice is the one piece of Part 2 compliance that is publicly checkable from outside. This study measures, at population scale, how much of the field has actually updated it.

A fresh, dated obligation

The 2024 Part 2 final rule's compliance date passed on February 16, 2026, and OCR began accepting Part 2 complaints the same day. Every Part 2 program in the country now has a current obligation under §2.22, and the publicly posted notice is the part of it anyone can check.

How a notice is read

The sampling frame is public directories: the SAMHSA Opioid Treatment Program Directory and FindTreatment.gov. A program is in scope if it holds itself out as providing SUD treatment and has a public website, since the posting duty attaches to programs with websites.

Most posted notices predate the rule

Interim read · population sample n=50 · frozen codebook v1.1 · July 10, 2026. 60% of sampled programs post either no clinical notice at all (24%) or a pre-2024 notice (36%). 10% post a fully current notice. The sample is rolling; figures update as it grows.
Result tier distribution
Share of sampled programs by posted-notice tier · population arm, n=50 · July 2026
Current 10.0%
Partial 30.0%
Outdated 36.0%
Missing 24.0%
Most-missing required elements
Share of assessed programs whose posted materials lack each 2024-rule element · frozen-codebook subset, n=28 (a program with no posted notice counts as lacking every element)
Redisclosure statement 78.6%
Single-consent statement 75.0%
Legal-proceedings statement 75.0%

A HIPAA notice is not a Part 2 notice

The gaps cluster in the Part 2-specific elements: the ones a recycled HIPAA Notice of Privacy Practices simply doesn't carry. A program can have updated its consent forms and still be posting a notice that predates the rule.

Because this is a rolling study, the number moves as the sample grows. The quarterly delta, how much the field has caught up, is the measurement that matters, and it's re-run on the same frame, not rebuilt.

This assesses what a program's posted documents say against what the 2024 rule requires, never an assertion about how the program handles records.

Aggregate only. No organization is named or identifiable in any published output. A complete notice does not prove compliant practice; an incomplete one does not prove the reverse.

For journalists and partners

A one-page findings brief (headline figure, tier chart, top missing elements, and the methodology one-liner) is available for citation.

One-page findings brief (PDF): available on request.
Reproduce a single read with Part 2 Notice Assessment, published Apache 2.0 in the open skills repository.

The engagements are here. The method and the software are at rotecompliance.com.

What the gap looks like in your own documents.

For a Part 2 program, keeping the notice, consent forms and policies on the current rule is part of the compliance officer function. Thirty minutes, no charge, and I will tell you honestly whether it is something I can help with.