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600-85, KSARNG, Substance Abuse Prevention & Control, 2007 Jun 1(2)
| 10 – 15. Confidentiality of problematic substance use patient records a. The release and/or discussion of information within the Army concerning a Soldier's problematic substance use is governed by the restrictions contained in 5 USC a, 42 USC dd, AR 40 – 66, and AR 25 – 22 and HIPAA. Such information will only be made known to those individuals who have an official need to know, and within the framework of applicable law and regulation. The restrictions on release of information outside the Army concerning Soldiers is prescribed by the laws regarding confidentiality of treatment records and information, including those cited above. b. Limited Use Policy does not prevent a provider from revealing, to the appropriate authority, knowledge of illegal acts which may have an adverse impact on mission, national security, or the health and welfare of others. c. SUD treatment records are protected by the restrictions contained in The Privacy Act (5 USC a, 42 USC dd, AR 40 – 66 and AR 25 – 22, and the HIPAA of 1996 (Public Law 104 – 191 Section 264) and DoD R Electronic DoD Health Information Privacy Regulation. These records will be maintained by the SUD treatment staff in the DoD health record system. d. Commanders seeking information from a treatment record must make their request in accordance with procedures outlined in AR 40 – 66. e. For patients in certain sensitive positions or with the PRP, medical personnel will immediately advise the commander if any information is provided by the patient which would serve to disqualify the person for continuation in any sensitive duty position. If the need to release the information is in doubt, the provider will consult with the MTF HIPAA privacy officer to determine whether to release the information to the commander. f. Enrolled/mandatory care for SUD treatment process involves the Soldier patient, his or her unit commander and intermediate supervisors, and the SUD treatment staff. While commanders above the battalion level may on rare occasions have an official need to know the specific identity of Soldiers enrolled in SUD treatment within their commands, their knowledge of the number of enrollees is usually sufficient information. No lists of individuals from the unit who are enrolled in SUD treatment will be maintained. g. Anyone seeking assistance for SUD treatment (mandatory/voluntary) is protected by the confidentiality requirements of the program. Information given to such inquiries will include a description of the local program including an explanation of the Limited Use Policy, confidentiality, and treatment procedures. Download 3.47 Mb. Share with your friends:
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