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Using new HHS Rule in text message-based substance abuse interventions

Written by Caitlin Anthoney | April 10, 2024

HIPAA compliant text messages can be tailored to deliver personalized support and education, helping individuals recover while safeguarding their privacy. 

 

What is the new Rule on Confidentiality of Substance Use Disorder (SUD) Patient Records?

The Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) have modified regulations concerning patient confidentiality in SUD treatment. These changes aim to strengthen privacy protections and integration of behavioral health information with medical records. 

The Rule aims to “increase alignment with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to improve workability and decrease burden on programs, covered entities, and business associates.”

Go deeper: HHS finalizes new provisions in confidentiality for substance use

 

Integrating HIPAA compliant texting

Providers can use text message-based interventions as a direct way to support patients following these updated regulations. This approach adheres to the modified privacy measures and facilitates the integration of behavioral health data into the broader context of patient care for a more coordinated and effective treatment plan.

 

How to implement texts and ensure confidentiality in substance abuse treatment

Personalized support and education

Coping skill prompts: Providers can send texts that inform patients on how to use coping mechanisms practiced in therapy during moments of temptation or stress. 

Motivational messages: Uplifting messages can help individuals to stay focused on their recovery goals.

On-demand information: Text messages can deliver educational content about substance abuse, its effects on the body and mind, and available support services. 

Tailored support based on individual needs: Providers can use electronic health records (EHR) to text personalized content based on a patient's medical history and treatment plan. This ensures the information and support provided are directly relevant to their unique journey.

 

Streamlined communication with HIPAA compliant texting

Secure communication: Providers must use a secure messaging platform, like Paubox, that offers encryption and access controls. These features protect sensitive information from unauthorized access during transmission and at rest.

Simplified consent process: Providers can use one consent form for sharing treatment information across healthcare providers. This eliminates the need for repetitive paperwork and reduces administrative burdens. It also allows smoother communication within the care team, while adhering to HIPAA guidelines.

Robust confidentiality protections: The modified regulations outlined in the HHS provisions ensure that an individual's sensitive health information is handled with the utmost care. These protections include strict guidelines on who can access this information and how it can be used, helping to safeguard individual privacy and prevent unauthorized disclosure.

Additionally, the regulations also require healthcare providers to notify patients of their rights regarding their health information and how it may be shared. 

Accountability for maintaining trust: Accountability for maintaining trust: The Rule states that it is harder to gain the “trust needed for patients to divulge sensitive information during treatment if [they] become less confident about where their information may be shared. 

So, healthcare providers must ensure that patient information is kept confidential and only shared with authorized individuals or entities. This will help maintain trust between patients and their healthcare providers, ultimately leading to better treatment outcomes.

 

FAQs

Are text message-based interventions a replacement for traditional treatment?

No, text message-based interventions are meant to complement traditional treatment methods like therapy, counseling, and medication-assisted treatment (MAT) programs. They provide additional support and resources between sessions or appointments, helping individuals stay on track with their recovery goals.

 

How do the provisions simplify the consent process?

Patients can issue a single consent for future uses and disclosures of treatment, payment, and healthcare operations, simplifying the process for both patients and providers while respecting patient privacy.

 

Are text messages for substance abuse treatment HIPAA compliant?

Yes, but only if the platform used adheres to strict HIPAA regulations. The Health Insurance Portability and Accountability Act (HIPAA) safeguards the privacy of a patient's protected health information (PHI). Providers should consider using a secure communication platform, like Paubox, which is specifically designed for healthcare professionals and organizations.