Discuss differences in the Office of Addiction Services and Supports (OASAS) “Confidentiality of Alcohol and Drug Abuse Patient Records” requirements and regular confidentiality requirements.

Objective: In an continued effort to identify social policy at the local, state, and federal level that impacts well-being, service delivery, and access to social services.
Discuss differences in the Office of Addiction Services and Supports (OASAS) “Confidentiality of Alcohol and Drug Abuse Patient Records” requirements and regular confidentiality requirements.
https://oasas.ny.gov/confidentiality-and-communication

ANSWER
Differences between OASAS Confidentiality Requirements and Regular Confidentiality Requirements

The Office of Addiction Services and Supports (OASAS) has stricter confidentiality requirements for alcohol and drug abuse patient records than those of regular health records. This is because of the sensitive nature of the information and the potential for harm if it is disclosed without the patient’s consent.

Regular Confidentiality Requirements

Under HIPAA, healthcare providers are generally required to keep patient information confidential. This means that they cannot disclose protected health information (PHI) to anyone without the patient’s written consent. However, there are some exceptions to this rule, such as when disclosure is necessary for treatment, payment, or healthcare operations.

OASAS Confidentiality Requirements

OASAS’s confidentiality requirements are even stricter than HIPAA’s. This is because of the potential for stigma and discrimination against individuals who have substance use disorders. OASAS prohibits the disclosure of PHI without the patient’s written consent, except in a few limited circumstances, such as when disclosure is necessary to prevent or mitigate a serious threat to health or safety.

Key Differences

The key differences between OASAS confidentiality requirements and regular confidentiality requirements are as follows:

Consent: OASAS requires written consent for the disclosure of PHI, while HIPAA allows for verbal consent in some circumstances.

Exceptions: OASAS has a narrower range of exceptions to its confidentiality rule than HIPAA.

Sanctions: OASAS can impose sanctions on providers who violate its confidentiality rule, while HIPAA does not.

Implications for Service Delivery and Access

OASAS’s strict confidentiality requirements can have a significant impact on service delivery and access. Some individuals may be reluctant to seek treatment for substance use disorders if they are concerned about their privacy. Additionally, OASAS’s requirements can make it difficult for providers to share information with each other, which can hinder treatment coordination.

However, OASAS’s strict confidentiality requirements are also important for protecting the privacy and dignity of individuals with substance use disorders. These individuals deserve to be treated with respect and to have their information protected.

Conclusion

OASAS’s confidentiality requirements are designed to balance the need for privacy with the need for information sharing. These requirements are complex and nuanced, and it is important for providers to understand them in order to comply with the law and protect the privacy of their patients.