What type of authorization is required to disclose treatment records for non-treatment purposes?

• A. A specific written consent that complies with 42 CFR Part 2 (and applicable PA laws).
• B. Implied consent provided by the patient through general intake forms.
• C. Verbal authorization sufficient for non-treatment disclosures.
• D. No consent is needed when disclosing to another treatment provider.

Answer: (A)

Disclosures of treatment records to non-treatment purposes require a patient-specific, written authorization that meets the requirements of 42 CFR Part 2 and any applicable Pennsylvania laws. These records are protected under Part 2 in a way that goes beyond ordinary privacy rules, so casual or informal permissions aren’t enough. A general intake form’s implied consent, or a verbal authorization, does not satisfy the precise documentation and scope requirements of Part 2. The written consent must spell out who will receive the information, what specific records or data will be disclosed, the purpose of the disclosure, an expiration date or event, and it must be signed and dated by the patient. Even disclosures to another treatment provider require that explicit, compliant authorization unless a narrow emergency or specific exception applies. Because of these protections, the only compliant option for non-treatment disclosures is a specific written consent that adheres to 42 CFR Part 2 and PA law.