7.5 HIPAA

The Health Insurance Portability and Accountability Act (HIPAA) was passed by the United States Supreme Court in 1996. HIPAA ensures a client’s right to privacy of their medical records, which includes mental health records and substance use treatment records. HIPAA guidelines apply to all clinical offices or practitioners that “electronically create, receive or maintain protected health information,” so they must protect confidentiality, engage in informed consent, and complete necessary administrative steps (Fisher, 2008). Per HIPAA, counselors provide clients with forms detailing their rights as a patient, including that they can access their health information, make decisions around disclosure of information, and receive a log of all disclosures created in the past 6 years (Fisher, 2008). For billing and clinic operations, counselors can share client data with necessary employers of the agency or health management organizations (Fisher, 2008). Further, substance use treatment facilities that operate under 245g regulations must legally abide by even more stringent confidentiality practices, which are laid out in 42 CFR part 2. We discuss this further in section 7.6.