One of the most common reasons people don’t seek addiction treatment is that they feel ashamed, guilty or concerned about others seeing their personal rehab record. Read on to learn more about how your medical records are protected and what it means for addictions treatment.
Understanding HIPAA, Medical Records, and Laws
The most important legislation protecting your privacy rights if you go to addiction treatment is HIPAA, the Health and Insurance Portability and Accountability Act of 1996. It’s known in healthcare as 42 CFR Part 2 . It protects the confidentiality of substance use treatment records. It’s a federal law that applies to any addictions treatment facility that receives federal assistance. Under HIPAA your personal information and medical records cannot be disclosed without your written consent.
HIPAA applies to various organizations such as healthcare plans, clearinghouses, healthcare providers, and especially those using electronic healthcare transactions.
In essence HiPAA means:
- You can request that your information not be shared with specific people or organizations, such as your insurance provider or employer
- You have the right to know who has seen your medical information
- Your information can’t be shared in ways that don’t directly relate to your healthcare without your consent
HIPAA imposes strict data privacy restrictions and security provisions regarding the release of healthcare information. HIPAA ensures that no information is disclosed without your explicit consent, treating your records as yours alone.
The Confidentiality of Alcohol and Drug Abuse Patient Records regulation protects those in addiction treatment. It prevents the facilities or programs from releasing your treatment without your consent.
There are some exceptions to these regulations if:
- You are convicted of child abuse or neglect
- You committed a crime
- If a court order is issued
- Other, rarer cases
Does Going to Rehab Go On Your Record?
No. HiPAA protects you from this. Addiction treatment information, whether it be from residential treatment or intensive outpatient treatment won’t appear on background checks. It’s your personal decision to share any information.
Consent Forms
The 42 CFR Part 2 consent form is the document you would use to indicate your consent for the release of specific medical information. There may be variations on this form so consult with your addictions treatment provider for an updated version.
When Could Your Medical Information Be Disclosed?
HIPAA law does include sharing information with healthcare professionals, law enforcement, court orders and insurance providers under certain conditions:
- Healthcare Professionals: Your information might be shared with recovery specialists working on your case. While you can request exclusions, they aren’t always honored
- Law enforcement Investigations: During a criminal investigation, officials may access your records
- Court Orders: In legal proceedings, your medical records may be subpoenaed
- Insurance Purposes: If you pay for rehab with insurance, documentation will likely be reviewed to determine coverage. Only insurance firm staff will access this, which will be kept from your employer
What About Background Checks?
Drug rehab does not show up in a background check. You have control over what and to whom you may decide to share your addictions treatment information. Rehab is a process of overcoming addiction and ought to have nothing to do with your criminal record.
Private and Confidential Rehab in Los Angeles
At The Encino Recovery and Detox Center, we don’t just treat addiction; we nurture the spirit, heal the mind, and empower individuals to reclaim their lives while protecting your privacy. If you or a loved one is on the precipice, seeking a way out of the darkness of substance abuse, remember that private, confidential help is just a call away. Your journey to wellness, purpose, and a brighter tomorrow begins with that first step. Reach out to our Admissions team now.
