HHS Releases Updated Guidance on HIPAA, Mental Health Patients

HHS’ Office for Civil Rights has released updated guidance on HIPAA regulations regarding disclosure of a patient’s mental health information.

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Generally, HIPAA allows healthcare professionals to communicate necessary information about the patient to family, friends or others involved in the patient’s care, as long as the patient does not object. This includes information about mental health treatment.

Mental health information is mostly treated the same as other health information, with the exception of psychotherapy notes. Due to the highly sensitive nature of these notes and the fact they often contain no information anyone else would need to know to care for the patient, providers need the patient’s authorization before these are shared with anyone. Exceptions to this rule include mandatory reporting of abuse, or if the patient makes any immediate threat of harm.

If a patient is unable to consent to information sharing, providers are permitted, at their discretion, to disclose necessary information, such as medication information, to those directly involved in the patient’s care.

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