PATIENT PRIVACY RIGHTS IN DRUG AND ALCOHOL ABUSE TREATMENT PROGRAMS (FROM CRITICAL CONCERNS IN THE FIELD OF DRUG ABUSE - PROCEEDINGS OF THE THIRD NATIONAL DRUG ABUSE CONFERENCE, INC, 1978)

• NCJ Number: 54346
• Author(s): D C LEWIS
• Date Published: 1978
• Length: 5 pages
• Corporate Author: Marcel Dekker, Inc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: CONFERENCE HELD IN NEW YORK (NY), 1976

Annotation

GENERAL GUIDELINES FOR PROTECTING CLIENT PRIVACY RIGHTS IN DRUG TREATMENT PROGRAMS ARE PRESENTED, AND NEW FEDERAL REGULATIONS FOR ALCOHOL AND DRUG ABUSE PATIENT RECORDS ARE DISCUSSED.

Abstract

CONFIDENTIALITY IN PATIENT-DOCTOR COMMUNICATIONS AND RECORDS IS A LONG ESTABLISHED TRADITION. WITH INCREASED GOVERNMENT FUNDING OF HEALTH PROGRAMS, HOWEVER, THE NEED FOR DATA TO ESTABLISH ACCOUNTABILITY AND PROGRAM IMPACTS FREQUENTLY REQUIRES THAT SUCH RECORDS BE MADE AVAILABLE TO THIRD PARTIES. SUCH CIRCUMSTANCES INTENSIFY THE NEED TO DRAW CAREFUL REGULATIONS AND GUIDELINES FOR MAINTAINING THE CONFIDENTIALITY OF INDIVIDUAL PATIENT RECORDS. THE PRIVACY RIGHTS OF CLIENTS IN DRUG TREATMENT PROGRAMS ARE CONSIDERED TO BE THE SAME AS ANY PATIENT UNDER THE CARE OF MEDICAL PERSONNEL. GENERAL GUIDELINES FOR PROTECTING CLIENT PRIVACY RIGHTS ARE PRESENTED AS FOLLOWS: (1) NO PERSONALLY IDENTIFYING DATA SHOULD BE RELEASED TO ANOTHER AGENCY OR INDIVIDUAL UNLESS SUCH RELEASE IS PROPERLY AND LEGALLY MANDATED OR OBTAINED WITH THE INFORMED CONSENT OF THE INDIVIDUAL INVOLVED; (2) THE SECURITY WITH WHICH PERSONAL HEALTH INFORMATION IS COLLECTED AND STORED MUST BE RIGOROUS AND SPECIFIED; (3) PERSONAL DATA EXTRACTED FROM A CLIENT'S RECORD MUST BE KEPT AT AN ABSOLUTE MINIMUM. NEW FEDERAL REGULATIONS HAVE ATTEMPTED TO DEFINE BOTH THE INDIVIDUAL'S PRIVACY RIGHTS AND THE RIGHTS OF THE GOVERNMENT REGARDING RECORD CONFIDENTIALITY. THE KEYSTONE OF THE REGULATIONS IS IN THE AREA OF CLIENTS' RIGHT TO KNOW--INFORMED CONSENT AND THE CONCEPT THAT CLIENTS SHARE CONTROL OF THE PERSONAL INFORMATION COLLECTED ABOUT THEM. IT IS BELIEVED THAT THE IMPLEMENTATION OF THESE NEW FEDERAL REGULATIONS, WHICH IS A DIFFICULT TASK, WILL BRING DRUG AND ALCOHOLISM TREATMENT PROGRAMS INTO THE TRADITION OF CONFIDENTIALITY ACCORDED GENERAL HEALTH AND SOCIAL SERVICE DELIVERY SYSTEMS. SINCE CONCERN FOR PRIVACY MAY MAY BE AN ADDITIONAL BENEFIT OF STRICT ATTENTION TO CONFIDENTIALITY.