Foreword

The Center for Substance Abuse Treatment (CSAT) of the Substance Abuse and Mental Health Services Administration (SAMHSA) is pleased to present this document, Number 18 in the Technical Assistance Publication (TAP) series. Alcohol and drug treatment and prevention program staff and management, as well as State agency officials often have questions about the disclosure of information relating to alcohol and other drug (AOD) diagnosis and treatment. This TAP is designed to answer some of those questions. It provides an easy-to-use checklist that should enable both AOD programs and State and other government monitoring agencies to quickly determine whether a breach of patient confidentiality has occurred under the Federal law and regulations governing patient confidentiality.

This TAP is one of several products developed by the Legal Action Center pursuant to a grant by CSAT to provide information on improving methods of collaboration between AOD treatment and prevention programs and State public health providers.

Appendix B in this document is a presentation on the emerging issue of managed care and its impact on the confidentiality of AOD records. This is another area of concern to AOD programs and State government agencies. It is also an area in which these agencies are having to interact with new health care entities such as health maintenance organizations (HMOs).

Nothing in this publication should be construed as authorizing or permitting any person to perform an act that is not permitted under the regulations governing confidentiality of substance abuse patient records as cited throughout these materials, or by any other Federal or State laws.

David J. Mactas
Director
Center for Substance Abuse Treatment

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