NOTICE OF FEDERAL REQUIREMENTS REGARDING CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE RECORDS
The confidentiality of substance use disorder (SUD) patient records (“SUD records”) maintained by PAS is protected by Federal laws and regulations. Generally, PAS may not say to an individual or entity outside the program that a client involved with PAS attends the program or disclose any SUD records—unless: 1) You consent to the disclosure of SUD records in writing; 2) The disclosure is ordered by a court; or as otherwise mandated by State and/or Federal law; 3) The disclosure is made to medical personnel either in a medical emergency in which your written consent cannot be obtained, or in the event that a state or federal authority declares a state of emergency as the result of a natural or major disaster and the part 2 program is closed and unable to provide services or obtain your informed consent; or 4) The disclosure is made to qualified personnel for research, audit, or program evaluation.
Violation of the Federal laws and regulations by any program is a crime. Suspected violations may be reported to appropriate authorities in accordance with federal regulations.
Federal laws and regulations do not protect any information about a crime committed by a client either at Peer Assistance Services, Inc., or against any person who works for Peer Assistance Services, Inc., or about any threat to commit a crime.
Federal laws and regulations do not protect any information about suspected child abuse, elder abuse, or neglect from being reported under State law to appropriate State or local authorities.
(See 42USC 290dd-3 and 42USC 290ee-3 for Federal laws and 42 CFR Part 2 for Federal regulations and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) 45 C.F.R. Pts. 160 & 164 and any applicable State of Colorado regulations.)
voluntary client Confidentiality guidelines
PAS maintains strict confidentiality of a professional’s records and protected health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA). Under the circumstances detailed below, PAS is required to report a voluntary professional to their respective regulatory board by their assigned PAS ID number only. After reviewing the information, the regulatory board decides if PAS will continue to confidentially monitor the professional or disclose the professional’s identity to their respective board.
PAS determines the professional is not safe to practice with reasonable skill and safety
A report of diversion in the workplace
A report of impairment in the workplace
A complaint was filed against the professional’s license
The professional signs a Cease Practice Agreement
PAS recommends a Rehabilitation Contract and the professional declines to sign it
The professional is noncompliant with the Rehabilitation Contract