Pennsylvania Law and Policy Governing the Confidentiality of Substance Use Treatment Information: Challenges and Opportunities

This brief is an analysis of the legal and policy challenges surrounding the disclosure of substance use treatment information in Pennsylvania. The goal of the brief and appendices is to help stakeholders understand the structure of Pennsylvania’s disclosure laws, which are more restrictive than federal law, and to consider legal and policy options to address stakeholder confusion and potential barriers to treatment. The analysis was prepared for the Overdose Prevention Program at Vital Strategies in support of its ongoing work in Pennsylvania, with funding from Bloomberg Philanthropies. 

 
This analysis consists of a review of Pennsylvania statutes and regulations governing the disclosure of substance use treatment information, including comparisons with federal law, and a discussion of policy gaps, conflicts, and areas of concern for stakeholders. The analysis concludes with a discussion of available legal and policy options to address these challenges. Three appendices provide more detail of the gaps, conflicts, and challenges identified in this analysis. Appendix A is a table showing the application of core Pennsylvania laws by type of disclosure, including who is regulated, what is covered, and limits that apply to the disclosure. Appendix B is a table of examples of policy gaps in Pennsylvania’s legal framework for substance use treatment confidentiality. Appendix C is a table comparing Pennsylvania’s state laws with the primary federal laws governing substance use treatment information confidentiality. Together, these appendices provide the reader with an opportunity to understand more about how the laws apply in Pennsylvania and identify areas of the law that may need to change.
 
See the attached files for all the components of this analysis:
1) Executive Summary
2) Brief: Pennsylvania Law and Policy Governing the Confidentiality of Substance Use Treatment Information: Challenges and Opportunities
3) Appendix A: Table of PA Provisions
4) Appendix B: Gaps Table
5) Appendix C: Federal-State Comparative Table