Confidentiality

The Confidentiality of alcohol and drug client records maintained by the BCADAD are protected by two federal laws: the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and 42 U.S.C. § 1320d et seq., 45 C.F.R., Parts 160 & 164 and the Confidentiality Law, 42 U.S.C.§ 290dd-2, 42 C.F.R. Part 2 and by other South Carolina state laws and regulations. Generally, we may neither disclose to a person outside our agency that a clients attends the program nor provide any information identifying a client as an alcohol or drug patient unless:

  • The patient consents in writing; OR
  • The disclosure is allowed by a court order; OR
  • The disclosure is made to medical personnel in a medical emergency or to
    qualified personnel for research, audit, or program evaluation.

Violation of the Federal law and applicable to state laws and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with these regulations. Federal Laws and other state regulations do not protect any information about a crime committed by a patient either at the program, or against any person who works for the program, or about any threat to commit such a crime. Federal Laws and other state regulations do not protect any information about suspected child abuse or neglect from being reported to appropriate State or local authorities.