Is Addiction Treatment Private?
It’s no secret that there is a stigma against people who struggle with addiction. It’s probably one of the main reasons why, despite 19 million Americans needing substance abuse treatment in 2018, only 964,000 felt they required it. Fear of being stigmatized plays a role in not attempting therapy for some of these cases, with over 15% showing concerns that seeking treatment could negatively affect employment or how they are viewed in their communities. In summary, people want to keep their addiction, and their addiction treatment, to themselves, which leads to the question; is drug and alcohol treatment confidential in the US?
Addiction treatment is individual, and federal laws and regulations guarantee the privacy of people who visit all treatment facilities, whether they are state-run or privately-owned addiction treatment centers.
The goal of guaranteeing privacy is to help people feel safer going to treatment without fear of outcomes. federal privacy laws apply to all programs that receive federal, state, or local support in any form, such as direct funding, grants, reimbursement through state or federal insurance programs like Medicaid or Medicare, and plans that hold tax-exempt status or prescribe controlled substances.
What Laws Protect My Privacy if I go to treatment?
Federal laws defend the rights and privacy of people getting treatment. These laws were enacted to decrease stigma by guaranteeing confidentiality and thus overcome fears of outcomes associated with seeking treatment. Therefore, the answer to the query; “is drug and alcohol treatment confidential in the United States?” is yes. The two most relevant federal laws regarding substance use treatment are the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and 42 CFR Part 2.4, 6
HIPAA was enacted to guarantee the privacy of what is known as protected health information (PHI) in all forms. This applies to written, verbal, or electronic data. HIPAA expressly states that historical, current, or future health information cannot be shared without permission from the patient, except in certain situations. Proper security means must be in place to safeguard electronic health information. HIPAA also gives each person with rights over your PHI.
The second primary privacy law is 42 CFR Part 2. The Substance Abuse and Mental Health Services Administration (SAMHSA) created 42 CFR Part 2 to address the confidentiality of material use information. This law restricts programs or staff from revealing any substance use disorders affiliated with a patient unless the patient gives consent. The patient is needed to provide consent even if the person making a request then knows the answer, finds it by another method, has a warrant or a subpoena, or has been awarded authorization to access the state’s information. Even saying that someone is attending a substance use prevention or treatment program is a violation of this law. Therefore, if you’re wondering whether drug and alcohol treatment is confidential in the US, the answer is, yes.