You may be hesitant about starting an alcohol or drug addiction treatment program for many reasons, but do not let worrying about your privacy be one. Federal and state laws protect your privacy. The right to share or not share your medical information belongs to you and only you.
Are you still not sure about your substance addiction treatment remaining confidential? Call the treatment center you are considering going to and ask them about their privacy policy. You have the right to know how your information is protected and what the center does with your personal information. Asking essential questions will ease your worries prior to treatment.
What should you know before you call a substance addiction treatment center? First, all accredited programs follow the rules and regulations set by their state and federal laws. Second, knowing the laws is vital to your question-and-answer session with a staff member of a treatment center.
What Is the History of Federal Laws?
The federal regulations on patient confidentiality for substance addition treatment centers protect any identifying information regarding a patient. In 1970, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act and then two years later, the Drug Abuse Prevention, Treatment, and Rehabilitation Act set the foundation for the privacy laws in place today.
Following the lead of these two acts in 1975, the Department of Health, Education, and Welfare announced federal regulations that expanded on the previous laws. Twelve years later, the Department of Health and Human Services updated these guidelines to reflect the changing needs of the substance addiction treatment community. Congress has consistently upheld these confidentiality laws.
What Are the Federal Laws?
You have the right to know how your doctor or therapist will use your personal information. When you begin the admission process, you must receive a Notice of Privacy Practices. The Notice explains who can access your personal information, your rights, and where to file a complaint. Typical uses of your data involve treating you, referring you to a specialist, or filing a claim with your insurance company. Additionally:
You have the power to set limits on who has access to your information. No one, including your doctor, other medical providers, and the insurance company can see your record until you give written permission to release your medical file. Exceptions include if you are receiving treatment, payment, or surgical procedures. This right to privacy extends, in most situations, to HIV test results or what you tell your therapist (see Tarasoff v. Regents of University of California).
When you fill out confidentiality forms, you choose how you receive your medical information. For example, you can request you receive texts and detailed voicemails instead of e-mails. While filling out the form, do not forget to state who the doctor's office can talk to about your health. For example, have them leave a message giving you information or talk to your designated representative—like a spouse or parent—if they answer your phone.
Employers do not have the right to receive your health information. The law also prevents your employer from pressuring you or threatening your job if you choose not to disclose your health status.
You can request to see who your doctor shared your information with at any point. The report must contain the date, the person's name, what information was disclosed, and why your file was shared. The term for this is called “accounting disclosures.”
Medical providers must have your permission before sharing or using your personal information with any medical or pharmaceutical company. If the doctor does ask your permission, they are also obliged to tell you if they will receive compensation.
The information in your medical records belongs solely to you. Therefore, whenever you want to view, print copies, or request changes to your record, your doctor or insurance company must reply to your written request within five days. If they refuse, they must explain why.
Also, you have the right to file a complaint with your doctor, insurance company, or organization. If you think your doctor broke any federal privacy laws, you can report the incident to the Civil Rights Office.
How Does California Protect My Privacy?
California upholds all federal laws.
What Happens When I Enter a Treatment Program?
When you enter a substance addiction treatment center, you will sit down with an intake specialist and discuss your rights. Take the time to read all the information before filling out or signing any documents. Perhaps you are unsure what something means or who you can give permission to access your files. Your intake specialist will explain the laws, how they apply to you, and the forms. The intake specialist will ensure you fully understand your rights, the center's rules, and standards for treatment before you complete your intake process.
Once you complete the forms, you will advance to the next step of beginning your substance addiction treatment.
State and federal laws guarantee your right to confidentiality. Call the center for information if you are unsure about entering a substance addiction program because you don't know the laws or how the treatment center keeps your information private. Monte Cristo Recovery takes your safety and privacy seriously. Our quiet location in Orange County, California, lends itself to your comfort and care. We ensure that our staff is up-to-date on state and federal laws concerning the confidentiality of those in substance addiction treatment. Treatment—especially the detoxification phase—is an integral part of living a healthy and drug-free life. Not only do we take into consideration your body's specific needs during this critical time, but we take care of your peace of mind. Don't let worrying about who has access to your personal information stop you from seeking help. We welcome your inquiries and are happy to explain our confidentiality and treatment process. Call us at (714) 824-9896 today.