Client Confidentiality

MDPH/BSAS, AHP and MA-ATR Service Providers take many steps to protect the privacy and security of the information collected about clients. The client information collected as part of MA-ATR is protected under federal law, 42 CFR Pat 2, Confidentiality of Alcohol and Drug Abuse Patient Records, and by state law, and cannot be disclosed by MDPH/BSAS, AHP and MA-ATR Service Providers without client consent.

The confidentiality of alcohol and drug abuse patient records maintained by a MA-ATR service provider (“program”) is protected by Federal law and regulations. Generally, the program may not say to a person outside the program that a client attends the program, or disclose any information identifying a client as a person that has a problem with alcohol or other drugs unless:

(1) The client consents in writing; OR
(2) The disclosure is allowed by a court order; OR
(3) The disclosure is made to medical personnel in a medical emergency or to a qualified personnel for research, audit, or program evaluation; OR
(4) The client commits or threatens to commit a crime either at the program or against any person who work for the program.

Violation of the Federal law and regulations by a program is a crime. Suspected violations may be reported to the United States Attorney in the district where the violation occurs.

See 42 U.S.C. Sec. 290dd-2 for federal law and 42 CFR Part 2 for federal regulations governing Confidentiality of Alcohol and Drub Abuse Patient Records.

Source: “A Guide to the Federal Drug & Alcohol Confidentiality law and HIPAA”, Legal Action Center (1996).