HIPAA Privacy Regulations for a Substance Abuse Counselor

Substance abuse counselors adhere to strict Health Insurance Portability and Accountability Act (HIPAA) privacy standards in the performance of their job duties. Counselors help people overcome problems and addictions to alcohol, drugs, gambling and eating disorders.They collect confidential patient information during counseling and treatment, and this information must be handled according to HIPAA regulations which ensure the release of only necessary and approved disclosures.

History

• HIPAA standards were passed in 1996 to protect the privacy of all individual personal health information and dictate how information can be used and disseminated. Substance abuse counselors must adhere to HIPAA's consent and Privacy Rule Authorization which does not permit disclosure of protected health information (PHI) without the patient's written consent.

Significance

• Substance abuse counselors can allow only the limited access of patient records to other employees or internal associates that enables them to perform their responsibilities. The minimum necessary information is disclosed to internal associates in the course of providing diagnosis, treatment or referral for treatment.The substance abuse counselor must identify these associates and document their limited ability to access PHI.

  Counselors must provide patients with written copies of HIPAA privacy policies and requirements with an explanation of their rights. The documentation must clearly explain how personal health information may be used or disclosed and who has access to individual personal information. Counselors provide the documentation upon admission or no later than the date of the first service delivery and notices must be prominently displayed in the health care setting. Patients have the benefit of always knowing how their information will be used and who has access to PHI.

Legal Exceptions

• HIPAA includes exceptions to the consent rule for substance abuse counseling under extenuating circumstances such as access to information related to crimes or threats of illegal activities. The release of information must be limited and directly related to a specific situation or incident. Counselors must adhere to state and federal regulations regarding disclosure of information in addition to HIPAA rules. Legal exceptions for minimal release of PHI related to crimes include situations involving child abuse or neglect, medical emergencies, court-directed disclosures and other law enforcement events.

  HIPAA also makes exceptions to the standards for audit purposes in the course of conducting business. Substance abuse counselors may release minimal information to individuals directly involved in program audits and evaluation procedures. Substance abuse counselors must ensure that PHI is protected as tightly as possible and implement safeguards to ensure that only minimal information is released to facilitate audits.

Considerations

• HIPAA impacts parental rights to a child's information since substance abuse counselors must obtain written consent from minors to disclose information to their parents or guardians.State regulations vary and counselors must obtain state-specific rulings related to treatment of minors. Some states require parent and minor signatures to begin treatment; therefore, heed warnings that a thorough understanding of HIPAA regulations for minors within your state is essential.

Violations

• Any person who believes his privacy rights have been violated can file a complaint with his health care providers, health insurer or the United States Government. He may request a list of people who have received copies of his personal health information and the reason it was shared. The report should be provided free of charge annually, and it must be provided within 60 to 90 days of request.