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The Minnesota Department of Human Services (DHS) is issuing this statement to reaffirm the privacy rights of individuals receiving substance use disorder (SUD) services and to support providers in protecting client confidentiality—especially in situations involving requests from law enforcement, immigration authorities or other external agencies.
Providers of SUD services in Minnesota are legally required to follow strict federal and state confidentiality laws, including:
- 42 CFR Part 2, which prohibits disclosing any information that identifies someone as receiving SUD treatment without their written consent or a court order that meets specific legal standards
- The Health Insurance Portability and Accountability Act (HIPAA), which protects all health information and requires proper authorization or a defined exception for disclosure
These laws apply to all 42 CFR Part 2 programs and cover all aspects of client care and communication. Confirming whether an individual is a client is considered a disclosure under 42 CFR Part 2. If people are afraid their information could be shared—especially with law enforcement or immigration—they may avoid getting the help they need. Protecting privacy is essential to building trust and ensuring all Minnesotans feel safe accessing and participating in SUD treatment.
You must follow 42 CFR Part 2 if your program:
- Receives federal assistance (such as federal funding, managed by a federal agency or being registered to prescribe controlled substances), and
- Publicly identifies as providing SUD treatment, diagnosis or referrals
If both apply, you are a Part 2 Program and must follow federal confidentiality rules, including the rule that you cannot confirm whether someone is a client without their written consent or a qualifying court order.
If only one applies, 42 CFR Part 2 may not apply, but HIPAA and state privacy laws still protect client information.
What to Do if Officials from External Agencies Request Client Information
- Ask for written documentation, such as a subpoena or court order, along with the official’s name, agency and contact information.
- Immediately inform your supervisor or designated compliance officer about the request.
- Refer to your program’s confidentiality policy and follow procedures for reviewing and responding to legal requests.
- Keep a written record of the request and the actions you took in response.
- Contact legal counsel or compliance support to help review any documents and ensure your response follows the law.
Your role in upholding confidentiality is critical. These protections are not optional—they are mandated by law and foundational to client safety and recovery. DHS stands with providers in ensuring that client rights are respected in every interaction and setting.
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