HCISPP · Question #258
Substance abuse regulations do not allow disclosure with a subpoena unless a court has issued an order following a show cause hearing.
The correct answer is A. True. The correct answer is A: True. Under 42 CFR Part 2 (federal substance abuse confidentiality regulations), a subpoena alone is NOT sufficient to compel disclosure of patient records. Unlike standard HIPAA rules where a subpoena with certain procedural safeguards may allow…
Question
Substance abuse regulations do not allow disclosure with a subpoena unless a court has issued an order following a show cause hearing.
Options
- ATrue
- BFalse
How the community answered
(40 responses)- A95% (38)
- B5% (2)
Explanation
The correct answer is A: True. Under 42 CFR Part 2 (federal substance abuse confidentiality regulations), a subpoena alone is NOT sufficient to compel disclosure of patient records. Unlike standard HIPAA rules where a subpoena with certain procedural safeguards may allow disclosure, substance abuse regulations require an actual court order issued after a 'show cause' hearing - a formal hearing where a judge evaluates whether disclosure is warranted and outweighs patient privacy interests. This extra layer of protection reflects the sensitivity of substance abuse treatment information and the need to encourage people to seek treatment without fear of legal exposure.
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