Patient Privacy Issues for Buprenorphine Treatment


Beyond
HIPAA

In addition to standard HIPAA laws, federal regulations mandate strict confidentiality for information about patients being treated for substance use disorders (42 CFR Part 2). Additionally, the law requires written patient consent before information about substance abuse treatment can be disclosed to any other source. For buprenorphine treatment, this may include any communications with other physicians, treatment centers, significant others, or pharmacies.

Specific actions that are prohibited (without consent) include the following:

  • providing information regarding a patient's past, present, or future participation in substance abuse treatment
  • disclosing or transmitting a patient's substance abuse-related medical records
  • use of a letterhead that identifies the office as a substance abuse treatment provider
  • providing information about those who have applied for treatment or have been interviewed, regardless of whether they actually commenced treatment
  • providing information about deceased patients
  • verifying information that inquirers already possess -- in other words, a program can neither confirm nor deny that a patient was being treated there (SAMHSA, 1994b).

There are some exceptions to the disclosure laws, such as in case of medical emergencies or legal situations.

View ReferencesHide References
Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Treatment. Treatment for Alcohol and Other Drug Abuse: Opportunities for Coordination. Rockville, Md: Center for Substance Abuse Treatment, Substance Abuse and Mental Health Services Administration. Technical Assistance Publication Series, No. 11. 1994b.


Related Resources: 
Provider HIPAA Readiness Checklist
Description: 
Informational checklist designed to aid health care providers in making sure their practice is compliant with HIPAA regulations.
Source: 
Substance Abuse and Mental Health Services Administration (SAMHSA)
4
Your rating: None Average: 4 (3 votes)
Tags:
Consent for Release of Information
Description: 
This form serves as a sample consent for release of the patient's information (type of information to be specified by the patient and/or doctor).
Source: 
American Academy of Addiction Psychiatry (AAAP)
4.333335
Your rating: None Average: 4.3 (3 votes)
Tags:
The Confidentiality of Alcohol and Drug Abuse Patient Records Regulation and the HIPAA Privacy Rule
Description: 
Comprehensive document detailing the HIPAA Privacy Rule and its implications for alcohol and substance abuse programs.
Source: 
Department of Health and Human Services (DHHS)
4.666665
Your rating: None Average: 4.7 (3 votes)
Tags:
HIPAA and Patient Care: The Role for Professional Judgment
Description: 
Analyzes the misconceptions that arise from the Health Insurance Portability and Accountability Act and discusses when health care providers should use their professional judgment in deciding whether a disclosure is necessary.
Source: 
Journal of the American Medical Association (JAMA) 2005 Apr 13;293(14):1766-71.
4.666665
Your rating: None Average: 4.7 (3 votes)
Tags: