HIPAA Privacy Rule and Sharing Information Related to Mental Health
Questions and Answers about HIPAA and Mental Health
Guidance issued by OCR regarding when HIPAA permits health care providers to disclose PHI of patients receiving treatment for mental health conditions. Also provides information regarding protections afforded to psychotherapy notes, a parent’s rights to access information of a minor child, applicability of Federal alcohol and drug confidentiality regulations and state laws, and the intersection of HIPAA and FERPA in school settings.
Key Points
- HIPAA permits providers to communicate with patients’ family members or others involved in a patient’s care in certain circumstances, including to lessen the threat of potential harm.
Related Resources
OCR guidance for parents regarding the rights of parents and their children under HIPAA as children become adults.
OCR flowchart to assist parents with determining when they can access mental health treatment information for minor children.