COVID-19: Isolating the Problems in Privacy Protection for Individuals with Substance Use Disorder

The COVID-19 pandemic has introduced social distancing orders, as well as exacerbated housing instability and unemployment, all of which interfere with substance use disorder (“SUD”) treatment. Treatment access concerns are accompanied by concerns regarding privacy, stigmatization, and discrimination with treatment. The pandemic has galvanized discussion over SUD privacy law. In March 2020, Congress passed the CARES Act, which, inter alia, amended the privacy framework for SUD treatment records. This Comment evaluates the extent to which the CARES Act privacy modifications sustainably balance individual privacy expectations with strong public interests in obtaining SUD records and integrating care. It suggests that heightened antidiscrimination law is better situated to reduce barriers to treatment and avoid widespread treatment discontinuity in a future public health crisis.