Private addiction treatment Pennsylvania

Keeping Addiction Treatment Private

Confidentiality of records under Part 2 is important because it helps ensure that people who need help with their addiction get the help they need without fear of being judged or discriminated against.

In addition to state law protections, federal regulations called "Part 2" govern privacy in addiction treatment centers across all states including Pennsylvania (42 CFR §2).

Federal Confidentiality Rules for Treatment Records

Under the 2024 Part 2 final rule, patients can voluntarily sign a new consent form that permits treatment programs to share their records with insurance companies and health care providers to pay for treatment. It also allows health care providers to share information about an individual's SUD treatment with other health care providers. The consent form may allow the sharing of all the patient's medical or SUD records, or just some portions.

The Part 2 regulations were designed to protect a person's confidentiality when they voluntarily seek help for an alcohol or drug problem at an addiction treatment program. The Part 2 final rule applies only to records of individuals receiving care at a program subject to Part 2.

Under the 2024 Part 2 final rule, patients can give written consent in advance for their records or other protected information to be used or disclosed for treatment, payment, and health care operations of another provider of SUD treatment. The consent would permit those providers to redisclose the records as permitted by HIPAA.

Under the 2024 Part 2 final rule, patients can obtain an accounting of disclosures made by Part 2 programs, including those made for treatment, payment and health care operations, just as they could under the HIPAA Privacy Rule. The final rule also requires a separate consent to use or disclose SUD counseling session notes in addition to any TPO consent given by a patient, just as is required under the HIPAA Privacy Rule. The 2024 Part 2 final rule also adds an individual's right to request restrictions on disclosures to a person who is involved in the individual's care for treatment and payment purposes, just as the HIPAA Privacy Rule does.

The consent may allow treatment programs to share some or all records with other health care providers, insurance companies, and others, but it does not mean that their information will necessarily be shared.

However, these records cannot be used against patients in legal proceedings without specific consent or a court order.

The final rule allows individuals to file complaints directly with the Secretary if they believe that their privacy rights have been violated under the regulation.

Who Can See Your Records

A Part 2 program is federally assisted and authorized by law (42 CFR § 2.11). The definition of "federally assisted" includes programs receiving HHS funding, but also includes any program that receives any assistance from the IRS, such as being exempt from taxes. Also included are programs that are certified Medicare providers, are registered with the DEA to dispense drugs for addiction treatment.

The Part 2 regulations define patient identifying information as the name, address, social security number, fingerprints, photographs, and similar information which can identify a particular individual.

In general, a patient's written consent is required before personally identifying information can be disclosed by a federally assisted program.

Part 2 does not apply to programs which are privately funded and receive no direct or indirect Federal financial assistance.

Privacy and Your Employer

Absence because of substance use itself does not qualify for FMLA leave. However, a person who is addicted to substances may have a serious health condition that qualifies for FMLA leave if he or she is undergoing treatment. Under the FMLA, an employee may take FMLA leave to receive inpatient care (an overnight stay) for a substance use disorder. The employee would have to provide a certification from a health care provider indicating the need for the inpatient care and the duration of the inpatient stay. The employer must treat any information received regarding the medical condition as confidential. For example, the employer may only share this information on a "need-to-know" basis with managers or supervisors responsible for making decisions about leave requests.

In addition, if an employee has a covered family member who is receiving inpatient care for a substance use disorder and the employee needs to take FMLA leave to care for that person, then he or she may do so.

Under the FMLA, the employee's medical records must be kept separate from personnel files and maintained confidentially.

An employee qualifies for FMLA leave if: 1) He or she has worked at least 12 months with the employer; and 2) He or she has at least 1,250 hours of service in the past 12 months.

Using Insurance Without Losing Privacy

When insurance pays for addiction treatment, Part 2 of 42 CFR protects patients from losing privacy by limiting what information about them can be disclosed to insurers, employers and others.

If you do not use insurance, or you decide not to give permission, information about your substance abuse treatment can remain confidential.

Outpatient and Telehealth Options for Discreet Care

The level of privacy in a treatment program can be an important factor in deciding to enter substance use disorder treatment. For example, the need to travel to a treatment program may not be acceptable or possible for someone with an active substance use problem or who is currently employed full time.

For these reasons and others, some people may prefer to receive their substance use disorder treatment at an outpatient center that offers treatment options designed to minimize travel requirements and/or allow patients to access treatment services from home or work.

In an attempt to reduce stigma, many people choose discreet care options. There are a variety of reasons why someone may want to seek private addiction treatment in Pennsylvania. Perhaps you do not live near the center where you had your initial intake assessment or you feel like being in a group setting would make you uncomfortable.

Telehealth sessions allow you to maintain confidentiality and anonymity, which can help reduce stress and anxiety during this difficult time in your life.

• It is easier to schedule appointments around work and family responsibilities because there are no commute times involved.
• You don't have to worry about others seeing you come into or leave a rehab center; your visits will go unnoticed by those who might otherwise notice.
• There is less pressure on your time while traveling back-and-forth from treatment facilities, which can help reduce stress levels overall.

For individuals seeking recovery without drawing attention to themselves or their families, telehealth services are available in Pennsylvania. Telehealth allows patients to receive virtual counseling from the comfort of their homes. In addition, patients can meet with their doctor via video chat instead of having to travel to an office for an in-person appointment.

Asking a Program About Privacy

Before starting, ask the program how they will protect your privacy. The following information may be useful in guiding your questions:

Is there a private entrance? If you're at a residential rehab center, make sure it's not easy for people to see you or your car when you arrive. You can't control who sees you when you go to an outpatient treatment facility, but if the program has multiple entrances, ask if it's possible to use one where there aren't many people.

Before you enroll, ask whether the program follows these rules about your privacy. If not, it may be better to choose another program. A licensed drug and alcohol program should have a privacy notice explaining what is protected under federal law and how they will protect your information. The privacy notice should also explain their policies regarding confidentiality.

Will my information be shared with someone else? If so, who? Programs may share information about your condition and/or treatment with third parties. For example, this could include a health insurance company that is paying for part of the program. Ask what kind of personal information they are sharing, why it's being shared and if there is any way you can control how much is shared.

Ask for written information on privacy. Most facilities will give you written information about their privacy policies when you enroll in a program or ask for more information. If not, request a copy of the privacy policy to take home with you.

That's why it's important for patients to ask questions about how a program treats patient information. The following are some questions that a program should answer:

• Does your program follow the federal confidentiality rules for substance use disorder patient records?
• What does your privacy policy entail? What is confidential information, and what can be disclosed without consent from the individual?
• How do you handle the release of protected health information to others (i.e. family members or other providers)?
• Do you have a privacy officer that oversees confidentiality and privacy at your facility?

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