Confidentiality of records

42 U.S. Code § 290dd-2. Confidentiality of records

(a) Requirement
Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
(b) Permitted disclosure
(1) ConsentThe following shall apply with respect to the contents of any record referred to in subsection (a):
(A)
Such contents may be used or disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained.
(B)
Once prior written consent of the patient has been obtained, such contents may be used or disclosed by a covered entity, business associate, or a program subject to this section for purposes of treatment, payment, and health care operations as permitted by the HIPAA regulations. Any information so disclosed may then be redisclosed in accordance with the HIPAA regulations. Section 17935(c) of this title shall apply to all disclosures pursuant to subsection (b)(1) of this section.
(C)
It shall be permissible for a patient’s prior written consent to be given once for all such future uses or disclosures for purposes of treatment, payment, and health care operations, until such time as the patient revokes such consent in writing.
(D)
Section 17935(a) of this title shall apply to all disclosures pursuant to subsection (b)(1) of this section.
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