Discrimination Against Patients With Substance Use Disorders Remains Prevalent And Harmful: The Case For 42 CFR Part 2

The authors of a recent Health Affairs Blog post argue that 42 CFR Part 2, the law designed to protect confidentiality of patients with substance use disorders, is outdated and unnecessary. We could not disagree more. 42 CFR Part 2 provides bedrock protections for people with substance use disorders that are as critical now as they were in the 1970s when the law was first enacted. The purpose of the confidentiality law is to ensure that a person with a substance use disorder is not made more vulnerable to discriminatory practices and legal consequences as a result of seeking treatment. Unfortunately, patients with substance use disorders still face enormous consequences associated with disclosure, including loss of employment, loss of housing, loss of child custody, loss of benefits, discrimination by medical professionals, and even arrest, prosecution, and incarceration. As our country faces an unprecedented epidemic of opioid addiction and overdose, we must ensure that fear of discrimination does not deter people from seeking treatment. The Reality Of Discrimination Although scientific advances over the past decades have shown that addiction is a chronic medical illness, the view that it is a “moral failing” remains prevalent and the associated stigma is persistent. As attorneys at a non-profit legal organization, we not only routinely communicate with substance use disorder advocacy and treatment organizations, but we see clients who have experienced significant negat...
Source: Health Affairs Blog - Category: Health Management Authors: Tags: Featured Population Health Public Health Quality 42 CFR Part 2 HIPAA opioid epidemic patient discrimination patient privacy substance use treatment Source Type: blogs