CFR 42 Part II

Appropriate response to request for protected information.... would be;

"Federal law prohibits me from disclosing that information."

42 CFR Part II protects clients, including someone who...

after arrest on a criminal charge, is identified as an alcohol or drug client during an ecaluation of eligibility for treatment. Applicants are included, whether or not they are admitted to a program.

42 CFR Part II defines "disclosures" as...

any communication of information about an identified client or of information about an identified client or of information that would identify someone as a client or as a drug or alcohol abuser, including verification of information that is already known by the person making the inquiry.

42 CFR Part II protects clients who...

have applied for, particpated in, or recieved an interview, counseling, or any other serveice from a federally assisted alcohol or drug client during an evaluation of eligibility for treatment.

If a program recieves a request for disclosure of an individual's records that is not permitted by the regulations...

it must decline to make the disclosure, and must be sure to do so in a way that does not disclose that the individual has ever been diagnosed or treated for an alcohol or durg problem.

Implicit as well as explicit disclosures are prohibited under 42 CFR Part II...

one may not disclose that an individual is attending a program that is publicly recognized as a place where only alcohol or drug abuse services are provided, unless the indicidual consents in accordance with regualtions or unless the disclosure fits with in one of the exceptions to the general rule prohibiting disclosure.

42 CFR Part II protects client identifying information...

that would identify a client as an alcohol or drug client, either directly or indirectly and any information, whether oral or written, that would directly or indirectly reveal a person's status as a current or former client.

According to Federal Regualtion 42 CFR Part II...

the confidentiality of alcohol and drug abuse client records maintained by a program are protected by Federal Law and Regilation.

Restrictions on disclosures...

this pertians to disclosures made to third parties as well as disclosures made with in the program.

Records protected from unauthorized disclosure include any information acquired about a client...

whether in writing or recorded in some other form. This means that the memories and impression of program staff are considered "records" protected by the regulations even if they are never recoreded in any form.

Applicants are included...

whether or not they are admitted to the program.