Is Drug Rehab Confidential?

When you receive medical care, you want to know that your information is private. The same goes for when you are attending an addiction treatment program. Because there is a stigma surrounding substance abuse, you should never have to worry about your privacy when seeking treatment.

Thankfully, due to a few different laws, drug and alcohol rehab is confidential. Addiction treatment centers cannot divulge personal information without written consent or a court order and all of your medical records are kept private thanks to a law called HIPAA. This means that you can begin your recovery journey without worrying that distant family members or employers will find out about your substance use disorder.

At New Jersey Addiction Interventions, we can connect you with a reputable drug rehab center that values your privacy, allowing you to fully focus on your recovery.

In this article, you will learn:

• Is addiction treatment confidential?
• What laws protect your privacy during drug rehab?
• Are there any exceptions to privacy protocols during treatment?

Is Drug Rehab Private? Understanding Laws That Protect Confidentiality

Several laws in the United States protect your privacy during drug and alcohol addiction recovery programs. These include:

The Health Insurance and Portability and Accountability Act (HIPAA)

The Health Insurance and Portability and Accountability Act of 1996 (HIPAA) is a federal law that prevents your medical information from being shared without your knowledge and consent.

The information that is protected by HIPAA includes:[1]

• Demographics
• Current health status
• Where you are receiving care
• How you paid for your care
• What type of care you are receiving

This means that while you are in an addiction treatment program, the facility cannot give out information about why you are there, how you are currently doing, and where you are located without your consent. You might receive consent forms that require your signature to provide information to a spouse or loved one during your stay.

Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part 2)

Substance abuse treatment facilities have additional protections in place on top of HIPAA. Known as the Confidentiality of Alcohol and Drug Abuse Patient Records (42 CFR Part 2) from the Code of Federal Regulations, this law protects your information concerning your substance use disorder.[2]

Under this law, the employees at a substance abuse treatment facility cannot disclose that you are a patient at their facility or that you are experiencing substance abuse issues.

The only way a substance abuse treatment provider can disclose your information is if:

• You provide a signature giving consent
• There is a court order requiring information
• The information is given to another medical professional in the case of an emergency, for research, auditing, or evaluating the program

Equal Employment Opportunity Commission (EEOC)

If you are worried about future employers finding out that you attended an addiction treatment program in the past, there is a law protecting you against that circumstance as well. The Equal Employment Opportunity Commission (EEOC) prevents employers from asking you about whether you’ve struggled with addiction or attended treatment during interviews.[3]

While an employer is not allowed to ask about your history of substance abuse, they can require you to take a drug test. This means that if you are currently abusing drugs, you are not protected from being denied the job.

Are There Any Exceptions to Privacy During Rehab?

When you begin the intake process at an addiction treatment center, you will be given medical consent release forms. These forms allow the medical professionals to discuss your information with people outside of the clinical team. Thankfully, the forms will make it clear who the information will be shared with, allowing you to make an informed decision on whether to agree.

Additionally, consent forms will be given to determine if you want a family member to have access to your information during treatment. If you have a parent or spouse who you want updated about your progress and health, you should sign these forms.

Lastly, the only exceptions for privacy during rehab include:

• Insurance verification purposes
• Law enforcement investigations and court orders
• Healthcare protocols that require divulging information

In most cases, your consent must be asked before health information is shared during drug rehab. This ensures that your confidentiality is respected throughout your stay in an addiction treatment center.

Get Connected to a Confidential Drug and Alcohol Rehab Program

If you or a loved one struggles with drug or alcohol addiction, it’s time to seek professional help. Thanks to a few different laws, your privacy will always be respected during your stay in a treatment center. At New Jersey Addiction Interventions, we understand the importance of confidentiality during treatment.

We can connect you with a drug and alcohol rehab center in your area that emphasizes the importance of privacy. Additionally, our admissions team will provide you with an in-depth assessment to match you with a treatment program that suits your needs.

Contact us today for more information on how we can connect you with an addiction treatment program near you.

References:

1. The U.S. Department of Health and Human Services (HHS): Your Rights Under HIPAA
2. Code of Federal Regulations: PART 2—CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS
3. The U.S. Equal Employment Opportunity Commission: What can’t I ask when hiring?