Guidance issued by OCR regarding when HIPAA permits health care providers to disclose PHI of patients receiving treatment for MH 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.
HIPAA
Health Insurance Portability and Accountability Act of 1996
Link to Unofficial PDF of HIPAA, 45 CFR Parts 160, 162, and 164
Resource developed by the CoE-PHI providing applicable definitions and sample provisions outlining the obligations and activities of a BA/QSO, permitted uses and disclosures by a BA/QSO, and termination of BA/QSO agreements.
OCR guidance for parents describing when a parent is a child's personal representative and when exceptions may apply that would prevent a parent from accessing medical records.
CoE-PHI resource to summarize recent OCR guidance about sharing information with family members after an overdose.
OCR flowchart to assist parents with determining when they can access mental health treatment information for minor children.