Your Rights in Treatment and Privacy

People in substance-use and mental-health treatment have rights to privacy, informed consent, and respectful care. Learn the basics and how to raise a concern.

Updated 2026

This guide is informational and is not medical advice.

Category: rights-and-privacy · Updated 2026

People receiving behavioral-health treatment have rights, including strong privacy protections, the right to understand and consent to treatment, and the right to raise concerns without retaliation. Knowing these rights helps you advocate for yourself or someone you support.

This is informational only and not legal advice. Laws vary by state, and a lawyer or patient advocate can help with a specific situation.

Privacy and confidentiality

Health information is generally protected by HIPAA, and substance-use disorder treatment records have additional federal protections under a rule known as 42 CFR Part 2, which limits how those records can be shared. Mental-health records are protected by HIPAA and, depending on the clinician, other rules. In most cases, a provider cannot share your information without your written consent, with limited exceptions such as a serious safety emergency.

Informed consent and participation

You have the right to understand your diagnosis, the treatment being proposed, its risks and benefits, and the alternatives before you agree. You have the right to ask questions, to be told who is treating you and their role, and to take part in your treatment plan. You can ask for a copy of your records and, in many cases, ask for corrections.

Respect and non-discrimination

You have the right to be treated with dignity and without discrimination based on race, color, national origin, sex, disability, age, or other protected characteristics. Federal law also protects the confidentiality of genetic information and prohibits certain discrimination based on mental-health or substance-use history in areas such as employment and housing, subject to limits.

How to raise a concern

Ask the program for its grievance or patient-rights policy.
Speak with the program's patient advocate or ombudsman if it has one.
Contact your state licensing or certification authority for the program.
For privacy concerns, contact the program's privacy officer or the federal Office for Civil Rights.
For Medicare- or Medicaid-related concerns, contact the relevant benefits program.

These listings are unrated; confirm a program's licensing and policies directly.

Related guides

Frequently asked questions

Is addiction treatment really confidential?

Yes, with narrow exceptions. Substance-use disorder records have federal confidentiality protections under 42 CFR Part 2 that are stricter than HIPAA, and providers generally need your written consent to share them. Exceptions include emergencies involving serious risk to safety and certain legal requirements.

Can my employer find out I am in treatment?

Treatment records are protected, and you generally control disclosure. However, if you use employer-sponsored insurance, the insurer may see claims data, and if you request leave under a federal law, some paperwork may be required. Ask the program and your insurer about how information is handled.

Can I be forced into treatment?

Involuntary treatment rules vary by state and usually apply only in narrow circumstances, such as a serious risk of harm. For most care, you consent to treatment. If you have questions about a specific situation, a lawyer or patient advocate can explain the rules where you live.

What if I am mistreated by a program?

Ask for the program's grievance procedure, involve its patient advocate if it has one, and contact the state authority that licenses the program. For privacy violations, contact the program's privacy officer or the federal Office for Civil Rights.

Data sources

SAMHSA FindTreatment.gov. This guide is provided for information and is not medical advice. Processing date: 2026-10-08.

Required disclosures

For general information only, not medical advice. This website shares public data and general information. It does not offer medical advice, diagnosis, or treatment guidance, and it cannot replace a consultation with a qualified health care professional.

Independent and unaffiliated. RehabProviders.org is a private, independently run directory. It is not affiliated with, nor endorsed or operated by, the Substance Abuse and Mental Health Services Administration (SAMHSA), the U.S. Department of Health and Human Services, or any government agency. SAMHSA has not reviewed or endorsed this site.

Confirm details before acting. Facility records come from public federal datasets and may lag or contain errors. These listings are unrated; always verify current services, licensing, availability, and cost directly with the provider.

In a crisis, get help now. Call or text 988 to reach the 988 Suicide & Crisis Lifeline, or call the SAMHSA National Helpline at 1-800-662-4357.

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