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HIPAA, 42 CFR Part 2 & Patient Privacy

BetterChoice Treatment Center takes patient privacy seriously. This page explains the Health Insurance Portability and Accountability Act (HIPAA) and the additional protections of 42 CFR Part 2 — the federal regulation that specifically governs substance use disorder treatment records — and how they generally apply to your care. It is a general explanation, not legal advice or a certification of compliance; your Notice of Privacy Practices, provided at admission, is the governing description.

What HIPAA Is

HIPAA is the federal law that establishes national standards for the protection of personal health information. For a healthcare provider like BetterChoice, HIPAA requires:

  • Privacy: limiting who can access your protected health information (PHI) and what they can do with it
  • Security: physical, administrative, and technical safeguards to protect electronic health information
  • Breach notification: prompt disclosure if your information is compromised
  • Patient rights: your right to access, correct, and control disclosure of your information

Why 42 CFR Part 2 Adds Extra Protection

Because BetterChoice is a substance use disorder treatment program, our patient records are also protected by 42 CFR Part 2 — a federal regulation that provides additional privacy protections beyond standard HIPAA. Under Part 2:

  • Even more restrictive disclosure rules apply to your substance use treatment records
  • Disclosures generally require your written consent, even to other healthcare providers
  • Re-disclosure is restricted: even if we share your information with another provider, they generally cannot share it further without your separate consent
  • Special court orders that meet Part 2 requirements are generally needed for law enforcement to use records against a patient; a subpoena alone is generally not enough

Your Rights as a Patient

You have the right to:

  • Receive a Notice of Privacy Practices that explains in detail how we use and protect your information (provided at admission)
  • Access your records and request copies
  • Request corrections to your records if you believe they are inaccurate
  • Request restrictions on how your information is used or disclosed
  • Request confidential communications through specific channels (a particular phone number, mailing address, etc.)
  • Receive an accounting of certain disclosures we have made of your information
  • File a complaint with us, with the Department of Health and Human Services Office for Civil Rights, or with the SAMHSA Office for Civil Rights

How We Protect Your Information

HIPAA requires covered providers to use administrative, physical, and technical safeguards appropriate to their organization. Safeguards of this kind generally include:

  • Staff privacy training and written privacy and security policies
  • A designated person responsible for privacy questions
  • Agreements with vendors that handle protected health information on a provider's behalf
  • Controlled access to records, workstations, and facilities
  • Technical protections for electronic records and limits on which staff can see which records

Ask our Privacy Officer if you want specific information about how your records are stored, who can access them, or which outside services are involved. We do not describe any safeguard as making information completely risk-free.

What We Communicate, To Whom, When

By default, your treatment information is limited to the staff who need it for your care and operations. Except where the law requires or permits a disclosure, we do not communicate with:

  • Family members without your written consent (except in specific medical emergencies)
  • Employers without your written consent
  • Other healthcare providers without your written consent for substance use treatment records
  • Insurance companies beyond what you authorize or the law permits for authorization and payment

You can authorize specific communications by signing a Release of Information form, and you can revoke that authorization at any time.

Breach Notification

Federal breach-notification rules generally require a covered provider that discovers a breach of unsecured protected health information to:

  • Notify affected individuals without unreasonable delay and no later than 60 calendar days after discovery
  • Notify the Department of Health and Human Services
  • Notify prominent media outlets when a breach affects more than 500 residents of a state or jurisdiction

Contact

For questions about your privacy rights or to exercise any of them:

BetterChoice Treatment Center Privacy Officer 198 Ebb Tide Cir Las Vegas, NV 89123 (725) 550-5655

Frequently Asked Questions

Not unless you sign a Release of Information authorizing us to communicate with them, except in rare situations the law permits, such as a medical emergency. Your treatment is private by default.

Not from us without your written consent, except in limited situations the law permits. If you are eligible for FMLA or short-term disability, your employer or insurer may request medical certification; ask HR and your clinician what the form must include.

Substance use treatment records have strong protections under 42 CFR Part 2. Generally, law enforcement needs a court order for access, not just a subpoena. We respond to legal requests according to the applicable rules; consider independent legal advice if you are involved in a legal matter.

Yes. You have the right under HIPAA to access your records and request copies. Contact our Privacy Officer to make a request.

You can file a complaint with us, with the Department of Health and Human Services Office for Civil Rights (hhs.gov/ocr), or with SAMHSA. We will investigate and respond.

Ready to Take the First Step?

Contact admissions to answer questions and check your benefits — confidentially and at no cost.

Call (725) 550-5655Verify Insurance