Requirements of Federal Drug & Alcohol Abuse Patient Record Regulations

Federal laws and regulations prohibit the disclosure and release of patient information for individuals struggling with drug and alcohol abuse and who are in a federally or state-funded treatment program. For this type of information, certain requirements need to be met in order for the medical institution to be legally allowed to release the records.

Disclosing Patient Records

• The Confidentiality of Drug and Alcohol Abuse Patient Records Regulations are a set of federal laws protecting patient privacy specifically for patients who are associated with substance abuse treatments that are directly or indirectly funded by the federal government. The only situation where the patient's records can be released to someone other than the patient is when there is a medical emergency involving the patient, a research study or audit, or a court order. In cases when a patient's information is released for a research study or audit, the patient's identity cannot be released, only the information relevant to the study or audit.

Regulations Prohibiting Criminal Charges

• The Confidentiality of Drug and Alcohol Abuse Patient Records Regulations prohibit and prevent any criminal charges from being brought against the patient from information found in their records. In addition, no investigation can be brought against the patient based on information contained in their records about their drug and alcohol abuse or treatment.

Disclosure with Patient Consent

• A patient's records of drug and alcohol abuse can be accessed by the patient, who can also grant permission to other people or organizations to access their patient records. This must be done in writing and must state the patient's name, whom they are allowing to view their records, the purpose of giving consent and what kind of information can be disclosed. It must also be signed, dated and contain a date when the consent will expire.

Disclosures without Patient Consent

• Disclosures of patient information can be made without a patient's consent, but only under certain circumstances. Patient information may only be given without their consent to other medical professionals for the purposes of treating a condition or due to an emergency in which this information is needed to treat an immediate health danger. After the disclosure, it must be documented in the patient's file of who disclosed the information, the date and reasons why the information was disclosed.

  A patient's records can also be disclosed when a medical study is conducted or an audit of management or activities in performed. In these cases, no information may be used that can directly identify the patient. Records cannot be copied or reproduced unless the patient gives consent in writing.

  Another way a patient's records can be disclosed without their consent is through a court order. A court order will only be issued in circumstances in which disclosure is necessary in order to protect against any threat of life or injury to the patient or others, in circumstances where disclosure is necessary in connection with the investigation of serious crimes or in circumstances of administrative litigation in which the patient offers testimony referring to confidential files.

Penalties for Breaking This Law

• For a first time offense, anyone who violates the disclosure of patient records can be fined $500 and up to $5,000 for any additional offense.