Is Rehab Confidential?
If you’re thinking about attending a rehab program, most likely one of your concerns is the confidentiality of a rehab program. During rehab, you will be discussing things of a highly personal nature, and in fact the very act of seeking treatment is often something that people would prefer to keep confidential.
In this article we will explore the answer to this question. You may be pleasantly surprised to learn that the majority of information you share with people in rehab is, indeed, confidential.
Why Would I Want Rehab to Remain Confidential?
There are a lot of reasons that you might be interested in ensuring that your rehab information stays confidential.
- For the sake of protecting yourself medically. While there is some debate as to the legality and ethics of this practice, there is no doubt that certain medical professionals tend to treat recovering drug users differently than people who have no history of abusing substances. This can adversely impact an individual’s ability to receive certain prescription medications.
- For the sake of protecting your employment. Not everyone who struggles with addiction wants their employers to be made aware of their struggle with drugs and alcohol. Keeping this information private may help to maintain your employment.
- To keep your social life in good standing. There is a heavy stigma against drug and alcohol abuse, and unfortunately, this can spill over into an individual’s social life. While it’s important to consider that anyone who would judge you for trying to sober up might not be the best type of person to keep in your life, that doesn’t change the fact that many people choose to demonize drug users – even those in recovery.
Unfortunately, one of the biggest things that actually prevents people from seeking treatment is the fear that someone will find out about their addiction. Rather than comfortably moving forward to seek help, many drug users choose to hide their addiction.
For this reason, it’s important to understand whether or not rehab programs are confidential. It’s also important to consider the different stages of rehab and treatment and the confidentiality that is associated with these phases.
Laws that Protect Your Privacy
One of the first things that you’ll want to know is that there are, in fact, laws designed to protect your privacy – at least in the United States. Because addiction treatment is considered private, that means that there are a number of regulations that have been put in place in order to help protect the privacy of people who are seeking treatment.
These federal laws have been enacted and applied to any sort of program that receives assistance at the federal, state, or local level. This includes medical programs and anything that can be insured with something like Medicaid or Medicare.
So what laws, exactly, are so helpful for protecting an individual’s privacy? And why were they put into place?
The two most important laws in this regard were designed in order to help people recover from drugs or alcohol so that they could become productive members of society without having to fear the stigma associated with addiction and recovery. These two laws are the HIPAA act and 42 CFR Part 2.
HIPAA, which stands for the Health Insurance Portability and Accountability Act, was put into place in 1996. This act defines and helps to protect anything that is considered protected health information – which includes anything that you communicate with your therapist or any member of an addiction facility.
The other important law for you to consider was actually created by SAMHSA, the Substance Abuse and Mental Health Services Administration. This law specifically relates to information that affects people with substance abuse disorders and helps to ensure that medical workers and staff don’t disclose any information about their clients without the client’s success.
This law specifies that consent must be given in all cases – even if the individual making an inquiry about the patient already knows the information or can source the information elsewhere. This even applies to individuals with warrants or who have been cleared by the state to receive information.
Exceptions to the Law
There are a number of exceptions that can be made to this law. Professionals are allowed to give information about their patients in the following cases:
- If the patient has been faced with a medical emergency and isn’t able to give their consent at the time.
- If the patient shows clearly that they are a danger to themselves or to other people.
- If there is reason to suspect child abuse.
- If the court orders that certain information must be disclosed.
- If crimes are committed by the patients at the facility or against one of the members of the facility’s staff.
As a patient of a rehab facility, you will have to give your consent in order for the facility to disclose any information about you. In accordance with these laws, you must provide written consent that includes the following information.
- You must specify the individual or group who will be the recipient of the information provided.
- You are going to need to explain why the information is needed.
- You will have to clarify the exact information that is going to be provided.
- You will need to clarify your understanding that you can revoke this consent whenever you so choose.
- You are going to have to put a date at which the consent will expire. You can choose to revoke your consent prior to this date if you choose.
- You will have to sign and, if you are underage, have the signature of your guardian as well.
After you have given your consent, you may choose to revoke it at any time.
Is Information Exchanged Prior to Signing Up For Rehab Also Confidential?
While these laws definitely protect people who have already registered and signed up for a rehab program, you may be curious as to whether or not they actually apply prior to joining the rehab program.
Even during the intake phase and the initial phone calls, you may be exchanging personal information with the facility. Is this information also protected?
What Sort of Information Is Exchanged Prior to Rehab?
When you first contact a rehab center, you probably won’t need to tell them much more than the fact that you are addicted to some sort of substance. However, prior to your enrollment you’ll most likely be asked a number of questions that relate to your substance abuse and your personal history.
Some of the most common questions include:
- The type of drug that you’re addicted to and how long you’ve been addicted to it
- How serious you believe your addiction is
- Whether or not you have attended a rehab program in the past
- If you have some form of social support network available to you
- If you or anyone in your family has had problems with addiction or mental health in the past
You may also be asked to provide your contact information during these preliminary calls.
Is This Information Confidential?
The privacy laws described above don’t technically apply before you’ve been successfully enrolled in a rehab program. And, while most rehab centers have no reason to share your information with anyone else, they are technically allowed to up until the point where you enroll in a treatment program.
Unless, of course, they specify that all communications are 100% confidential. In the case of most well-known rehab companies, you will be able to see a confidentiality statement somewhere near the phone number. This ensures that these companies agree not to share your information with anyone else.
If you don’t see a disclaimer or you’re not sure about confidentiality, it doesn’t hurt to double-check with the person that you’re speaking to on the phone.
Employment & Addiction Treatment
One of the main reasons that people are concerned about the confidentiality of rehab is because they want to ensure that they can keep their jobs.
Fortunately, addiction is widely recognized as a disease. This means that many places of employment will allow their employees to take medical leave in order to seek addiction treatment. In this case, however, your employer is allowed to ask for medical information about your treatment.
If they ask your general practitioner to provide them with information about your specific treatment plan, then you’ll still have to provide them with written consent.
Tips on Ensuring Confidentiality
These are some tips and tricks that you can employ to help ensure that your addiction and recovery remain as confidential as possible.
- Seek treatment as early as possible. It’s much easier to treat an addiction confidentially before it spirals out of control and become difficult to manage. The sooner you treat it, the less likely coworkers and family members are to find out about your struggle.
- You may want to consider seeking treatment at a facility that isn’t located close to your work, home, or school. This is especially true if you will be attending an outpatient program, which you will be coming and going from several times a week.
- Make sure that you are cautious with who you choose to discuss your addiction with. Make sure not to open up with anyone who is prone to gossiping. Remember, if someone likes to talk to you about other people, they are most likely talking about you to them.
- If you live with children, you can explain to them that you’re struggling with a complex disease and that you need to take time and space to recover. This way they won’t be able to tell other people that you’re struggling with addiction.
- You may be interested in finding a second doctor or GP who can refer you to rehab. This can prevent your regular GP from discovering your addiction.
- Double-check to ensure that the rehab center you are considering does not allow cameras on the premises.
Confidentiality & Meetings
You may wonder if recovery meetings are confidential. This is a valid question, especially considering the fact that most rehab programs encourage their clients to attend recovery meetings afterward.
There are a few things to consider in this regard.
The 12-stop model is generally considered to be somewhat confidential. Since you aren’t required to register for A.A. or N.A. meetings then you won’t be attached to any ledger or registry. You only need to provide your first name. If you’re extra-cautious you can even use a fake name.
While the premise is that everything shared at a recovery meeting stays within the meeting, there isn’t much way to enforce such a rule. These are not medically sanctioned treatments and as such, members are not necessarily bound to confidentiality.
On top of that, you must be aware that some meetings are held in public spaces such as parks. You may encounter people that you know if you’re attending a public meeting.
There are lots of reasons that you might be interested in keeping your recovery and rehabilitation confidential. Confidentiality helps to ensure your security in your workplace and school and can help prevent you from being faced with unwanted stigma.
Fortunately, most rehab programs have a strict confidentiality policy. On top of that, any medically sanctioned rehabilitation program is bound by federal law to keep any information strictly confidential.
If you have any doubts about the confidentiality of your rehab program, don’t hesitate to ask one of the facilitators or administrators about their policy and the laws that they’re bound by.