Before entering rehab, it’s natural to have concerns about the process and how it’ll affect you going forward. That includes questions about privacy and confidentiality. Will future employers or schools know you went to rehab? Is rehab public record information, or can you keep it private?
In many cases, Health Insurance Portability and Accountability Act (HIPAA) laws apply to rehab and medical records to keep them private, to help you avoid these concerns.
How do HIPAA laws apply to rehab? In the rest of this article, we’ll provide everything you should know about HIPAA rehab privacy regulations and why rehab is worthwhile for anyone struggling with drug and alcohol addiction. That way, you feel confident in your decision to attend. Stick around for all the details.
Understanding the Concern
First, let’s review several common concerns about rehab and confidentiality. You may wonder:
- Does rehab affect job applications? Some people may have concerns that rehab will be something you have to disclose on job applications or that would show up on background checks. This won’t be a concern in most cases due to HIPAA privacy for medical records.
- Is rehab confidential? It’s also common to wonder about general confidentiality when attending rehab, if you don’t want people in your local area finding out about it. Treatment professionals at a facility must keep information about clients private to minimize this risk.
- Is rehab something that goes on a criminal record? A worry may be that rehab will give you a criminal record, especially if you struggle with addiction to illegal substances. However, voluntary rehab is not a criminal offense. The only thing that may appear on a criminal record is court-ordered rehab.
Let’s explore each of these concerns in more detail.
Will Rehab Appear on a Criminal or Public Record?
Voluntary rehab won’t appear on a criminal or public record. Voluntary rehab is any time you check yourself into a facility under your own free will and discretion or with the help of friends and family members of your choosing.
Rehab attendance is protected similarly to any other medical record, such as when you go to the doctor when you aren’t feeling well or have a health condition requiring treatment.
Therefore, it’s considered a medical record that documents your treatment history and is kept private between you, the facility’s treatment team, and anyone else you provide written consent to view your records.
The only time rehab may appear on a criminal or public record is when you were sentenced to court-ordered rehab, which may happen after committing a drug-related offense. Then, it could be reflected publicly as part of sentencing in court or probation documents. Although you still shouldn’t let that stop you from attending the recommended treatment.
Does Rehab Show Up on a Background Check?
Employers won’t see your medical history during routine background checks. Therefore, any voluntary rehab attendance won’t show up during the process.
Even background checks for federal jobs, which are known for being thorough, don’t check medical history. Instead, they look for information like where you’ve lived, worked, attended school, military history, and police records. So, your medical history (including past rehab attendance) won’t affect your eligibility for hire.
The only time rehab would be reported to employers is if you tell them.
What About Drug Tests During the Hiring Process?
Employers also won’t be able to see any records of past voluntary drug tests, including any drug tests you took during rehab. Generally, drug tests fall under HIPAA regulations as a private medical record.
The main action employers can take is to perform a drug test to check for current substance use. If you’ve attended rehab and have been sober for an extended time, you shouldn’t have to worry about a failed test that would affect employment eligibility.
HIPAA and Your Right to Confidentiality
HIPAA sets a national standard in the U.S. for healthcare privacy and security. Substance abuse treatment falls under HIPAA’s guidelines as private health information that requires written consent from the patient to share it, meaning it won’t appear in public records that anyone can see.
HIPAA also added to its guidelines in 1975 titled “CFR Part 2.” That section applies directly to substance abuse treatment programs, stating that they can’t share any information that identifies someone as having a current or previous drug abuse problem without written consent from the patient.
These policies have only exceptions during court-ordered criminal investigations, emergency medical treatment, or suspected child abuse or neglect investigations. HIPAA specifies that only the minimum amount of information needed to complete the investigation must be shared in these instances.
How to Protect Your Privacy Further
While HIPAA provides essential coverage for medical records, there are a few other things you can do to ensure your information is as secure as possible during rehab. Those include:
- Choose a rehab center with strong confidentiality policies. You want to work with a facility that takes privacy seriously, including having clear privacy protocols, systems for secure record handling, and a positive history of confidentiality for all clients. We work hard to ensure security and confidentiality at United Recovery Project.
- Ask the facility about privacy policies before committing to a program. Ask about their specific privacy protocols, record handling, and process for secure record sharing if you give written consent to anyone.
- Pay privately rather than through insurance. Paying privately involves less third-party data sharing than going through an insurance provider. However, make sure that paying out of pocket for treatment is within your budget before going this route.
Additionally, you can consider attending rehab out of state if you’re worried about running into people you know while getting treatment at a facility in your local area. We accept clients nationwide at United Recovery Project who are looking for an escape and healing experience at our beautiful facility in sunny Florida.
Special Cases: Court-Ordered Rehab and Legal Implications
The main instance where rehab may be part of your public records is with court-ordered rehab. Your medical records while attending the rehab program will still be private under HIPAA’s guidelines. However, court and probation records can reflect the context of getting sentenced to rehab and any crimes involved.
Even though court-ordered rehab can get reflected in some records, you should still attend the recommended program. Rehab will help you work through addiction and learn healthy habits that allow you to move forward positively.
Struggles with addiction can have a stigma, but getting help and working on bettering yourself shows strength and the ability to overcome obstacles. We’re here to support you at United Recovery Project to ensure positive outcomes, no matter your background and reason for entering treatment.
Why You Shouldn’t Let This Stop You from Seeking Help
You shouldn’t let fears of addiction treatment appearing on your records prevent you from seeking help. Here’s why:
- Most fears are based on myths or misconceptions. HIPAA laws keep your information private and protected in most cases, and treatment professionals at high-quality facilities like United Recovery Project take your security and safety seriously.
- Stigmas related to mental health and addiction are decreasing. For instance, a study published in 2021 showed that the stigma related to depression, alcohol dependence, schizophrenia, and other mental and behavioral health challenges decreased based on surveys between 1996 and 2018. Support is available, and we can help you through any struggles or concerns during treatment.
- The benefits of long-term recovery from addiction will far outweigh any short-term fears you have. Recovery will help you avoid longer-term health consequences, relationship problems, feelings of isolation, financial struggles, and many other risks that are associated with ongoing and untreated addiction.
How United Recovery Project Can Help
We offer safe, secure, and completely confidential treatment for drug and alcohol addiction at United Recovery Project. We take your privacy seriously throughout the process and will ensure you feel safe each step of the way.
Plus, working with us gives you a real, customized experience. All our treatment options are tailored to your needs to ensure you achieve the best possible results.
You can contact us today with any questions about our privacy policies or to learn more about treatment options. We’re here and ready to help.
References
- “USAJOBS Help Center – What Are Background Checks and Security Clearances?” Usajobs.gov, 2024, https://help.usajobs.gov/faq/job-announcement/security-clearances
- “Implications of HIPAA and Employee Confidentiality Rules on Positive Drug Test Results.” Journal of Urgent Care Medicine, 1 Jan. 2018, https://www.jucm.com/implications-hipaa-employee-confidentiality-rules-positive-drug-test-results/
- Office for Civil Rights (OCR). “HIPAA and Part 2.” www.hhs.gov, 28 Feb. 2024, https://www.hhs.gov/hipaa/for-professionals/special-topics/hipaa-part-2/index.html
- Pescosolido, Bernice A., et al. “Trends in Public Stigma of Mental Illness in the US, 1996-2018.” JAMA Network Open, vol. 4, no. 12, 21 Dec. 2021, doi:10.1001/jamanetworkopen.2021.40202. https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2787280
