Getting treatment for an addiction can literally be a life-saving decision. But some people are concerned that taking this step may expose their struggles with substances to future employers, landlords, and others. Is this a legitimate concern? Does going to rehab go on your record?
Contact us today to learn more about drug and alcohol rehab options near you.
Do Privacy Laws Cover Rehab Records?
The question at the top of today’s post, “Does going to rehab go on your record?” is a bit misleading.
Accurate records such as admissions paperwork, provider notes, progress updates, and insurance forms are essential parts of any type of healthcare, including addiction treatment. So, from a privacy perspective, the most pressing concern isn’t if your care will be recorded, but who will have access to those records.
At the federal level, the protection of healthcare information – including records related to addiction treatment – is addressed by two laws: HIPAA and 42 CFR Part 2.
Understanding HIPAA
Signed into law in 1996, the Health Insurance Portability and Accountability Act (HIPAA) established national standards for the protection of individually identifiable healthcare information.
The “individually identifiable” part of this law refers to information that includes a patient’s name, address, date of birth, social security number (SSN), or any other data that could connect them with their records.
Data covered by this law is referred to as protected health information (PHI).
HIPAA defines PHI as information related to:
- A person’s past, present, or future physical or mental health condition
- Any health care received by the patient
- Past, present, or future payment for health care
Substance use disorders, which is the clinical term for addictions, are classified as mental health conditions. This means that HIPAA protections apply to information related to a person’s care in either inpatient or outpatient rehab.
There are a few exceptions to HIPAA-mandated privacy protections, such as healthcare data related to:
- Injuries sustained during the commission of a crime
- The abuse of a child or older adult
- Communicable diseases that could pose a public health threat
These exceptions are unlikely to apply to treatment for a substance use disorder, but in some circumstances they could be relevant.
What Is 42 CFR Part 2?
Protection of information related to drug rehab was strengthened in February 2024 with the modification of Title 42 of the Code of Federal Regulations Part 2. This legislation is frequently referred to as 42 CFR Part 2 or simply Part 2.
42 CFR Part 2 protects “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.”
One of the stated purpose of the changes to 42 CFR was to address concerns that fear of being discriminated against or prosecuted could prevent people from seeking help for addictions to alcohol and other drugs.
Will Going to Rehab Show Up on a Background Check?
Today, it’s not uncommon to be required to pass a background check before you’re hired for a job or approved to rent an apartment. Due to unfortunately persistent stigma against people who have struggled with addiction, it’s understandable to worry that potential employers or landlords could access your rehab records.
The good news is that going to rehab should not show up on a standard background check.
Typically, these types of investigations review databases for information related to:
- Current and prior addresses
- Employment background
- Educational history
- Driving records
- Criminal activity
Neither HIPAA nor 42 CFR Part 2 include exceptions for background checks.
Also, addictions are considered disabilities under the Americans With Disabilities Act (ADA), which ensures access to employment opportunities, public transportation, and government services. This means that, even if they are aware of your time in rehab, employers and certain other officials cannot use that information to discriminate against you.
However, it’s important to understand that active substance use is not covered by the ADA. So, while it’s illegal for a prospective employer or landlord to penalize you because you went to rehab, they are within their rights to do so if you are currently using any illegal substances.
The difference between addiction and substance use is why employers can also mandate drug tests as a condition of employment.
Should I Disclose That I’ve Been to Rehab?
To summarize what we’ve covered thus far:
- Does going to rehab go on your record? Yes, there will be records of your time in any reputable addiction treatment program.
- Will employers, landlords, or the legal system have access to your rehab records? In most cases, they won’t unless you give written consent. However, there may be exceptions to this, primarily regarding the legal system.
An often-overlooked aspect of HIPAA and 42 CFR Part 2 is that you retain control over who can and cannot view your healthcare records. This means that anyone can learn about your time in rehab, if you authorize them to.
Here are a few reasons why you may want to disclose that you’ve been in rehab (which may or may not also involve granting access to your records):
- If you are requesting a reasonable accommodation from your employer under the ADA due to your substance use disorder, you may need to provide proof that you have received treatment for the condition.
- If you are being treated by a doctor, therapist, or other treatment professional, it may be helpful for them to review your treatment history, including information from your time in rehab.
- If you have had a relapse after completing a treatment program, and you then enroll in a different program, your treatment team may need access to your records from your initial stay in rehab.
In each of these cases, you have final say-so over any decisions to grant access to your healthcare information.
Learn More About Rehab in Tampa Bay
Tampa Bay Recovery provides customized outpatient care for adults who have become addicted to alcohol and other drugs. We also serve clients who have anxiety, depression, and other co-occurring mental health conditions.
Treatment options at our rehab in Tampa Bay, FL, include a partial hospitalization program (PHP), an intensive outpatient program (IOP), and virtual (online) services.
To learn more about how we can help you or a loved one, or to schedule a free assessment, please visit our Contact page or call us today.
