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Protected by Privacy: Anonymity Laws in Addiction Recovery

If you have been struggling with substance misuse or addiction, you are probably all-too-familiar with just how immense the idea of getting professional treatment can feel. Not only are you likely nervous about what the future may hold, but you may also be fearful of what others may think once you admit you have a problem and need help to overcome it.

Thankfully, you do not need to be concerned about the latter — rehab programs prioritize patient confidentiality and privacy while upholding strong standards regarding anonymity. There also exist several laws designed to safeguard your privacy during this time so you can focus on your recovery.

What Laws Protect Your Privacy While in Treatment?

Laws that are specifically geared towards protecting your privacy while in treatment exist for a number of reasons outside of simply wanting to keep your business to yourself. They also exist to help encourage people to seek treatment without fear of discrimination based on their treatment history, reduce anxiety surrounding information being provided to employers, landlords, local authorities, etc., and decrease stigma surrounding substance use disorders in general.

The Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 established standards that are still followed today that provide patients with certain rights regarding their health information.1

Staff at rehab centers, including but not limited to, physicians, psychologists, psychiatrists, counselors, and more are required to adhere to what is known as the HIPAA Privacy Rule, which gives patients rights over their private health information (PHI) in some of the following ways:2

  • Ability to examine and obtain a copy of health records
  • Request for PHI to be transmitted electronically through third-party vendors
  • Request corrections of incorrect information
  • Restrict or allow friends, family, or loved ones to access their PHI

HIPAA not only gives you control over the use and release of your PHI, but it also holds providers accountable to upholding these strict standards with legal repercussions such as hefty fines and imprisonment.1

If at any point in your healthcare you feel that your rights under HIPAA have been violated, you can file a complaint through the U.S. Department of Health and Human Services (HHS).

Title 42: Confidentiality of Substance Use Disorder Patient Records

Title 42 of Code of Federal Regulations(CFR) Part 2, also known as the Confidentiality of Substance Use Disorder Patient Records, is a law that further protects the confidentiality of those receiving treatment for drug or alcohol addiction. Some examples of how this law benefits clients include the following:3

  • Make a single consent for all future disclosures and uses for treatment, healthcare, and payment options.
  • Permit HIPAA covered entities to receive records to redisclose them in accordance with HIPAA standards and regulations.
  • Restrict the use of records and testimony in civil, criminal, administrative, and legislative proceedings against patients, absent patient consent, or court order.

Anyone who violates these and other rights guaranteed to a patient through this law can face several consequences, ranging from thousands of dollars worth of fines to a prison sentence that could be anywhere fro 1-10 years long.4

State Laws & Addiction Recovery

In addition to the federal laws listed above, each state has statutes regulating mental health records and substance misuse records. Within the bounds of federal law, each state can offer further confidentiality protections. These vary widely by state, therefore if you are looking into obtaining treatment, it is worth researching the specifics of those laws.

Finding Treatment

Of course, we don’t live in a perfect world and no system can completely guarantee your privacy. Medical and rehab staff can make mistakes, and sometimes, those mistakes lead to internal failures that fail to protect your identity. Typically, though, the standards and laws that are in place successfully protect your privacy and maintain your desired anonymity while you get the help you need.

American Addiction Centers (AAC) is a leading provider of evidence-based addiction treatment with rehabs across the nation. To learn more about rehab treatment options, like inpatient and outpatient treatment, contact one of our caring admissions navigators today at . Contacting us is always confidential and free, and there is no obligation to enter treatment. We’re available 24/7.

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