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Confidentiality of Alcohol and Drug Abuse Patient Treatment Records (42 CFR Part 2)
Under Oregon Law, all HPP records are confidential and shall not be subject to public disclosure or be admissible as evidence in any judicial proceeding. The confidentiality of alcohol and drug abuse patient records maintained by HPP is further protected by Federal law and regulations. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient as an alcohol or drug abuser unless:
- The patient consents in writing:
- The disclosure is allowed by a court order; or
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.
Violation of the Federal law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with Federal regulations.
Federal law and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime.
Federal laws and regulations do not protect any information about suspected child abuse or neglect from being reported under State law to appropriate State or local authorities.
Disclosure of Drug and Alcohol Treatment Records with Patient's Consent
The elements of a written consent to disclose treatment records under these regulations must include:
- The specific name or general designation of the program or person permitted to make the disclosure
- The name or title of the individual or the name of the organization to which disclosure is to be made.
- The name of the patient.
- The purpose of the disclosure.
- How much and what kind of information is to be disclosed.
- The signature of the patient and, when required for a patient who is a minor, the signature of a person authorized to give consent; or, when required for a patient who is incompetent or deceased, the signature of a person authorized to sign in lieu of the patient.
- The date on which the consent is signed
- A statement that the consent is subject to revocation at any time except to the extent that the program or person which is to make the disclosure has already acted in reliance on it. Acting in reliance includes the provision of treatment services in reliance on a valid consent to disclose information to a third party payer.
- The date, event, or condition upon which the consent will expire if not revoked before. This date, event, or condition must insure that the consent will last no longer than reasonably necessary to serve the purpose for which it is given.
Prohibition on Redisclosure of Drug and Alcohol Treatment Records
Drug and alcohol records disclosed with the patient's written consent must be accompanied by the following written statement:
This information has been disclosed to you from records protected by Federal confidentiality rules (42 CFR part 2). The Federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the person to whom it pertains or as otherwise permitted by 42 CFR part 2. A general authorization for the release of medical or other information is NOT sufficient for this purpose. The Federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drug abuse patient.
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