Participants Rights

1. The right to confidentiality as provided for in Title 42, Sections 2.1 through 2.67-1, Code of Federal Regulations.
2. Federal Regulations take precedence over State Statue unless the latter is stronger.
3. Federal Regulations allow for disclosure of patient identifying information only under the following circumstances:

A. When the patient has consented in writing:

1. 1. 1. 1. Consent must be in the form required by Federal Regulations.
         2. Written notice to the recipient prohibiting re-disclosure of the information must accompany the disclosure.

B. When there is a medical emergency regarding a specific client.

C. When a client commits, or threatens to commit a crime on the premise of the program or during program pre-intake assessment:

1. 1. 1. 1. Report to the police can’t identify person as a client.

D. To qualified personnel conducting scientific research, management or financial audits, or program evaluation:

1. 1. 1. 1.  Re-disclosure of client identifying information by researcher is prohibited.

E. When it is required by a court order:

1. 1. 1. 1. A subpoena is not adequate and a hearing must be held before a court order can be issued.
         2. Disclosure is limited to objective data, dates of enrollment and discharge, attendance, medication, lab reports, etc.

Note that B, C, D, and E, do not require patient consent!

F.  If a request for patient identifying information does not fall within the five items listed above:

1. 1. 1. 1. The information may not be disclosed.
         2. Your response must be noncommittal.  If you are not sure, do not give out any information.

Client identifying information includes even the name of a current, former, or deceased client.