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The Confidentiality Of Alcohol And Drug Abuse Patient Records Regulation and the HIPAA Privacy Rule: Implications For Alcohol and Substance Abuse Programs
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TABLE OF CONTENTS

Introduction

  1. Applicability

    1. Programs to which the Privacy Rule applies
    2. Information that is protected under Part 2 and the Privacy Rule
    3. When protections begin for someone seeking substance abuse treatment

  2. How the Privacy Rule affects disclosures of information
    1. The General Rule
    2. Information that is protected under Part 2 and the Privacy Rule
      1. Part 2 Consent11 and Privacy Rule Authorization
      2. Other permissible disclosures under Part 2
        1. When little or no changes may be needed
          1. Internal program communications
          2. Crimes on program premises or against program personnell
          3. Child abuse reporting
          4. Medical emergencies
          5. Subpoenas and court-ordered disclosures
        2. When some change is required
          1. Disclosures that do not reveal patient-identifying information
          2. Disclosures to agencies that provide services to programs
          3. Audit and evaluation
          4. i
          5. Research

  3. Other Changes Required by the Privacy Rule18

    1. Patient Notice/Notice of Privacy Practices
      1. Notice content
      2. Distribution of the Notice
    2. Patient rights
      1. Right to request a restriction of uses and disclosures
      2. Right to access PHI
      3. The right to amend PHI
      4. Right to an accounting of disclosures of PHI
    3. Administrative Requirements
      1. Complaints about the program’s privacy practices
      2. Other administrative requirements
    4. Security of information

Conclusion

Footnotes

For more information about the HIPAA Standards

This is an educational document from the Substance Abuse and Mental Health Services Administration and the U.S. Department of Health and Human Services. It was prepared by SAMHSA staff and contractors in consultation with the Office of the General Counsel, the Office for Civil Rights and other offices and agencies within the U.S. Department of Health and Human Services, Washington, D.C.



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