37.106.1416    CONFIDENTIALITY

(1) A substance use disorder facility (SUDF) must have a written client confidentiality policy pursuant to 42 CFR Part 2. 

(2) The confidentiality policy must be reviewed with the client at the time of admission or as soon thereafter as the client is capable of rational communication.

(3) Policy requirements must include activities to:

(a) inform clients that federal law and regulations protect the confidentiality of alcohol and drug abuse client records; and

(b) provide clients with a summary in writing of the federal law and regulations.

(4) The written summary required in (3)(b) must include:

(a) a general description of limited circumstances under which a SUDF may acknowledge a client is present at a facility or disclose information identifying a client as an alcohol or drug abuser;

(b) a statement that violation of the federal law and regulations by a SUDF is a crime and suspected violations may be reported to appropriate authorities in accordance with these regulations;

(c) a statement that information related to a client's commission of a crime on the premises of the SUDF or against staff members of the SUDF is not protected;

(d) a statement that reports of suspected child abuse or neglect made under state law to appropriate state or local authorities are not protected; and

(e) a citation to the federal law and regulations.

(5) Client consent must be obtained for each release of information to any other person or entity if required under 42 CFR Part 2. The consent for release of information must have specific information pursuant to 42 CFR Part 2.

History: 50-5-103, MCA; IMP, 50-5-103, MCA; NEW, 2022 MAR p. 1889, Eff. 9/24/22.