AODA Confidentiality
People with substance abuse problems are likelier to seek (and succeed at) treatment if they are assured that their need for treatment will not be disclosed unnecessarily to others. If the results of the quick screening tools warrant the need for a comprehensive clinical assessment, the results of this assessment will be useful to the W-2 agency in the development of the Employability Plan. However, results cannot be presented to anyone including the referring agency without the signed consent of the participant, in accordance with Federal confidentiality regulations (42 CFR Part 2). Generally, a treatment program may disclose information about a patient if the patient authorizes it by signing a valid consent form. Once a participant is asked to sign a release, she should know the precise reason for the release and understand what is covered in it. The participant is also entitled to know what recommendations are made in the assessment report.
These confidentiality regulations apply to holders, recipients, and seekers of patient identifying information. An individual or program in possession of such information for example, a federally assisted substance abuse program, may not release it except as authorized by the patient. Anyone who receives such information from a substance abuse program, for example a W-2 agency, may not redisclose it without patient consent and cannot retain this information in a location where patient confidence cannot be maintained.
The specific documentation of confidential patient identifying information should always occur in the paper case record. Due to federal restrictions the documentation of AODA or Mental Health information cannot occur in CMCC because this information is in a location where patient confidence cannot be maintained. Cross-referencing of confidential information may occur in CMCC as long as specific patient identifying information is not included. Patient identifying information includes diagnosis, prognosis, identification of treatment facility, the participant's AODA or Mental Health treatment plan, or acknowledgement of treatment activities.
In order to ensure that W-2 agencies will be able to obtain the information necessary to better coordinate activities, develop and revise Employability Plans, and obtain assessment and progress summaries from AODA treatment providers, DES-10779 was revised. A reproducible DES-10779 (R. 12/99) Authorization for Disclosure of Confidential Information is in the DES Forms Repository.