Are criminal justice, treatment, and service providers prohibited from sharing information because of federal and state privacy laws?
No. Criminal justice and health professionals sometimes are misinformed about what federal regulations mandate regarding how information is shared and under what circumstances. HIPAA, together with regulations promulgated by the U.S. Department of Health and Human Services (HHS), establish federal standards for the privacy and security of protected health information, including mental health information. The confidentiality of alcohol and drug abuse patient records is governed by 42 CFR Part 2. These regulations apply to all programs that are “federally assisted.” HIPAA and 42 CFR Part 2 rarely explicitly prohibit the exchange of information. Rather, they provide guidance about the conditions under which information can be shared, although HIPAA is typically more permissive than 42 CFR Part 2. HIPAA and 42 CFR Part 2 set a minimum standard for protecting and securing protected health information. If state law is more restrictive (i.e., is more protective of privacy) than these federal
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