Generally, the confidentiality of substance use disorder (SUD) treatment records is protected under Title 42 of the Code of Federal Regulations (CFR) Part 2 and HIPAA. Despite this, there are instances where they can show up in a background check under certain conditions.
Title 42 CFR Part 2 and SUD patient records
Title 42 CFR Part 2 actively protects the confidentiality of substance use disorder (SUD) patient records by restricting their disclosure in background checks. This regulation mandates that SUD treatment programs and other legal holders of these records cannot release any information that might identify a person as having or having had a SUD, unless the person gives explicit written consent.
This law enforces strict protections to prevent the accidental disclosure of SUD patient records during routine background checks, thus preserving the privacy and rights of individuals receiving treatment. It also establishes specific requirements for consent forms to ensure that the patient explicitly authorizes any disclosure and is solely used for the intended purpose. If records are requested for legal purposes, such as by courts or law enforcement, Part 2 mandates a legal review and a court order that satisfies stringent criteria.
See also: HIPAA and prescription records
HIPAA and PHI
HIPAA, on the other hand, protects any health-related information that can be used to identify an individual, which includes substance abuse records. This means that healthcare providers, insurance companies, and other entities covered by HIPAA must ensure that substance abuse information is securely stored and only disclosed under specific, permissible circumstances.
These entities are required to implement appropriate physical, administrative, and technical safeguards to protect this information. Furthermore, HIPAA allows the sharing of substance abuse information for treatment, payment, or healthcare operations without the individual's explicit consent.
See also: When can a healthcare provider share drug dependency information?
When can someone's drug use or rehab treatment info be shared with third parties doing background checks?
The following exceptions can affect background checks in specific ways. For example, if there's a court order related to a legal case or the patient signs a consent form for their protected health information (PHI) to be shared, SUD treatment information might appear in a background check.
- Written consent: If the individual has given written permission for sharing the information.
- Court order: If a court orders the release of the information under specific conditions.
- Emergencies: In rare cases, if there's an immediate threat to health or safety.
- Law enforcement requests: If law enforcement needs the information for a criminal investigation, but this usually requires a court order, too.
See also: HIPAA Compliant Email: The Definitive Guide
Kirsten Peremore
