The Secret Life of 42 CFR Part 2 - What Every Defender and Investigator Needs to Know About Patient Records from Federally Funded Drug or Alcohol Treatment Centers

The Champion, Vol. 30, No. 34, April 2006

19 Pages Posted: 12 May 2008

Abstract

Detailed discussion of 42 CFR Part 2 and 42 USC 290dd-2, federal laws governing the confidentiality of patient records from federally funded drug and alcohol treatment centers. Explains how the laws have changed since the 1970s, including the major shift in the late 1980s. Points out the need for federal court rulings before the records are released to, or used by, law enforcement agents against the patient; the duty of the treatment center to retain independent (non-governmental) counsel and to resist release of the records, and the need for criminal defense lawyers to safeguard the confidentiality of the records. Explores the HIPAA interface.

Keywords: 42 CFR Part 2, 42 USC 290dd-2, confidential, patient rights, criminal defense, privacy, medical records, HIPAA

JEL Classification: K14, K40, K41

Suggested Citation

Jade, Rose, The Secret Life of 42 CFR Part 2 - What Every Defender and Investigator Needs to Know About Patient Records from Federally Funded Drug or Alcohol Treatment Centers. The Champion, Vol. 30, No. 34, April 2006, Available at SSRN: https://ssrn.com/abstract=1128955

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