Patient confidentiality rules, as part of the Code of Federal Regulations (CFR), extend after a loved one’s tragic passing.
If they die of an overdose at a California drug treatment center, only the specific cause of death can be released. The information about a patient’s Substance Use Disorder (SUD) treatment would remain private.
The details would remain locked unless the patient had signed consent forms, or if certain family members gave consent to release the records after a tragic death.
Confidentiality Laws in Fatal Drug Rehab Overdoses
42 CFR Part 2 federal laws spell out the SUD sufferer’s right to privacy after a death at a drug rehab. Their records of treatment in a drug rehab program will remain confidential, just as they were while the patient was living.
The one change after a tragic death is that the specific information about the cause of death can be released. After an overdose, that cause of death information might read as “drug toxicity” or “acute intoxication.” The manner of death could also be listed, identifying it as a suicide or accidental death.
A whole section of 42 CFR deals with the patient’s right to privacy. PART 2 contains an entire chapter explaining the CONFIDENTIALITY OF SUBSTANCE USE DISORDER PATIENT RECORDS.
This is how part of it is laid out:
42 CFR § 2.12 – Applicability.
“(a) General— (1) Restrictions on use and disclosure. The restrictions on use and disclosure in the regulations in this part apply to any records which:
(i) Would identify a patient as having or having had a substance use disorder either directly, by reference to publicly available information, or through verification of such identification by another person; and
(ii) Contain substance use disorder information obtained by a federally assisted substance use disorder program after March 20, 1972 (part 2 program), or contain alcohol use disorder information obtained by a federally assisted alcohol use disorder or substance use disorder program after May 13, 1974 (part 2 program)…”
What Types of Facilities Must Follow 42 CFR Confidentiality?
The rules apply only to federally linked facilities, but the definition in the code is very far-ranging, meaning that most licensed facilities in California would be under this legal obligation. It’s expected of facilities that accept Medicaid and Medical payments. Many facilities are actually supported by federal and state funding, often in the form of
In some cases, a California Sober Living Home wouldn’t have to follow these confidentiality rules. Sober living homes aren’t usually licensed by the state because they don’t offer detox and medical services. They focus on providing lodging for recovering SUD patients and facilitating peer support. The operators of the home will have their own confidentiality policies based on state guidelines.
Families Giving Medical Consent After an Overdose Death
Patients are required to sign many forms when they are admitted into a drug rehab center. One of those forms may be a medical consent form or a patient release of information form. If a consent form was signed, the facility would be empowered to release any records asked for.
If not, certain family members could sign a release of protected health information form. Unfortunately, this may become necessary when families are seeking justice and alleging a drug rehab was negligent in its care of a loved one.
This treatment information would be part of the case and could serve as powerful evidence of misconduct by rehab staff.
Federal officials allow the spouse of the deceased the first right to sign consent, but other family members could have the responsibility fall to them:
- Spouse or registered domestic partner of the victim
- Adult children of the victim
- Parents of the victim
- Adult siblings of the victim
- An executor/personal representative of the victim’s estate
California allows teens to enroll in substance abuse treatment themselves, and they have the power to control where their medical records go. But if a child tragically dies, a parent or guardian would then be able to give consent for information to be released.
Contact Us if Your Loved One Was Allowed to Die in a California Rehab
A patient who dies while in the care of a California drug rehab facility is not at fault. Families can hold facility owners liable for funeral and burial costs, medical bills left behind, and the income that a loved one supported the family with.
Attorney Martin Gasparian offers a free, confidential consultation to all family members. It’s a no-risk, no-obligation way to find out what a wrongful death case would be worth and how to hold a negligent drug treatment program fully responsible.
Remember, there are no upfront costs to you and your family if you need to hire a lawyer. We aren’t paid unless we win your case for you. Then our fee comes out of the settlement check a negligent recovery business must write.