What Information is Protected?

The Federal Drug and Alcohol Confidentiality Law – 42 C.F.R. Part 2 states that any information that would identify a patient as having an alcohol or drug problem, either directly or indirectly, is protected. 42 C.F.R. § 2.12 Therefore, prevention efforts are covered under 42 C.F.R. Part 2 if the information would disclose that an individual is an alcohol or drug user or is in an alcohol or drug program.

This means that a generic drug and alcohol education class for the entire sixth grade would not be covered, but a course that targets a specific audience (e.g., kids who have been caught with drugs at school) would be covered. HIPAA HIPAA protects all health information that identifies an individual, whether or not it identifies them as a patient of a particular program or as receiving services for a specific purpose. ALL patient-identifying information transmitted or maintained by the program in any medium (oral, written, or electronic) is protected under HIPAA once it is determined that the program is a covered entity that transmits health information electronically in connection with a covered transaction.