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Patient Confidentiality: Hospital’s Release of Alcohol Treatment Data Does Not Violate Regs

Published online by Cambridge University Press:  01 January 2021

Hassen A. Sayeed
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Extract

In M.A.K. v. Rush-Presbyterian-St. Luke's Medical Center, the Illinois Supreme Court reversed the appellate court and held that the phrase any physician, medical practitioner, hospital, clinic, health care facility or other medical or medically related facility, in a patient's signed consent form met the general designation requirement of the Code of Federal Regulations for the release of alcohol and drug abuse treatment records. Thus, the Illinois Supreme Court held that the medical center's release of a patient's records did not violate the federal Confidentiality of Alcohol and Drug Abuse Patient Records regulations.

Type
Recent Developments in Health Law
Information
Journal of Law, Medicine & Ethics , Volume 30 , Issue 2 , Summer 2002 , pp. 319 - 321
Copyright
Copyright © American Society of Law, Medicine and Ethics 2002

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References

M.A.K. v. Rush-Presbyterian-St. Luke's Medical Center, 764 N.E.2d. 1 (Ill. 2001).Google Scholar
M.A.K. v. Rush-Presbyterian-St. Luke's Med. Ctr., 736 N.E.2d 129 (Ill. App. Ct. 2000).Google Scholar
42 C.F.R. $ 1.01 (1993).Google Scholar
M.A.K., 764 N.E.2d at 10.Google Scholar
42 C.F.R. $ 2.31(a)(1) (2000) (implementing $ 543 of the Public Health Service Act, 42 U.S.C. $ 290dd-2 (1994)).Google Scholar
M.A.K., 764 N.E.2d at 3 (omissions of text in original).Google Scholar
See Id. at 3.Google Scholar
See M.A.K., 736 N.E.2d at 131.Google Scholar
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20 Ill. Comp. Stat. Ann. $ 301/1-5 (West 1994).Google Scholar
See M.A.K., 764 N.E.2d at 4–5 (citing 42 U.S.C. $ 290dd-2 (1994)).Google Scholar
See id. at 5 (citing 42 U.S.C. $ 290dd-2(g) (1994)).Google Scholar
42 C.F.R. $ 2.31(a)(1) (2000) (“A written consent to a disclosure under these regulations must include: (1) The specific name or general designation of the program or person permitted to make the disclosure.”).Google Scholar
See M.A.K., 764 N.E.2d at 6 (citing Confidentiality of Alcohol and Drug Abuse Patient Records, 52 Fed. Reg. 21,796, 21,799 (June 9, 1987)).Google Scholar
M.A.K., 764 N.E.2d at 6.Google Scholar
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M.A.K., 764 N.E.2d at 7.Google Scholar
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See id. at 14 (citing 42 C.F.R. $ 2.11 (2000)).Google Scholar
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