Patient privacy and confidentiality form a crucial component of the patient-provider relationship, particularly when seeking treatment for mental health or substance use disorders.
Multiple federal privacy laws, in addition to state laws, provide privacy protections for mental health and substance use disorder treatment records, while also allowing treatment providers to share these records with other healthcare providers, patients’ families, and in certain other circumstances.
In the face of these overlapping laws, it can be difficult for patients, their families, and health professionals to understand: What information can be shared, with whom, and when?
Clear and accurate information about confidentiality is important to protect patient privacy and ensure that privacy laws are not incorrectly interpreted to prevent necessary disclosures of patient information. Individuals living with mental illness or substance use disorders may not seek care without guarantees of confidentiality and privacy protections.
A recent survey completed by SAMHSA found that concerns about privacy and confidentiality among individuals with behavioral health needs is a primary reason for not receiving treatment. At the same time, appropriate communication of patient records can promote better treatment outcomes and facilitate communication among the patient’s care team. Clarifying privacy protections and promoting communication of patient records is critical for improving patients’ access to care and quality of treatment.
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Parents and caregivers of minors often have questions about when they can access information about their loved one’s mental health or substance use disorder treatment. Minors also have questions about when and how they can access confidential treatment. The resources in this section are meant to clarify the rights of both minors and their caregivers when seeking or receiving treatment.
As more schools offer on-site treatment and referrals to community-based mental health and substance use disorder treatment services, it is important to understand applicable federal privacy laws (FERPA, HIPAA, and 42 CFR Part 2). The resources in this section are meant to clarify the interplay between these federal privacy laws and when they apply.
Mental health and substance use disorder treatment providers may be asked to share patient information with law enforcement and courts, which raises important questions about patient privacy and confidentiality. The resources in this section are meant to clarify how providers can respond to federal, state, and local law enforcement inquiries without violating federal privacy laws.
As more healthcare providers incorporate substance use disorder treatment into their treatment settings, providers often have questions about how 42 CFR Part 2 applies to information obtained during assessment, diagnosis, and treatment for substance use disorders. The resources in this section explain when 42 CFR Part 2 applies.
Families and healthcare professionals often have questions about what information can be shared when a client needs emergency medical care, or when the client is in crisis, incapacitated, or poses a serious and imminent threat of harm to themselves or others. The resources in this section are meant to clarify what information can be shared, and with whom, during an emergency situation or when an imminent threat of harm exists.
Providers of substance use disorder and mental health services have worked rapidly to make sure their patients have access to the care they need during the COVID-19 pandemic and after, including by offering more services through telehealth. As part of this rapid transition, both clients and providers express concerns about maintaining patient privacy in virtual visits. The resources in this section contain steps for patients and providers to protect client privacy.
Everyone should be able to get the help they need, without having to worry about sensitive treatment information being inappropriately shared. Get the facts about how patient privacy protections work for you. The following resources are intended to help patients better understand the federal privacy laws when accessing services.
Three major federal laws and their regulations protect the privacy of mental health and substance use disorder treatment records: HIPAA, 42 CFR Part 2, and FERPA. Find all three laws and regulations compiled here in one convenient location. Other federal and state laws may also apply.
To improve treatment outcomes and promote continuity of care, it may be essential for staff at different programs to share client information about treatment for mental health and substance use disorders. The resources in this section are meant to explain when programs and providers can receive and re-disclose substance use disorder treatment information and mental health information.
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