Guidance regarding the applicability of FERPA and HIPAA to student health records.
Sharing and protecting records
To improve treatment outcomes and promote continuity of care, it may be essential for staff at different programs to share client information about treatment for mental health and substance use disorders. The resources in this section are meant to explain when programs and providers can receive and re-disclose substance use disorder treatment information and mental health information.
Sharing and protecting records resources
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.
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.
CoE-PHI resource for Part 2 treatment providers, explaining how to respond to arrest warrants and law enforcement inquiries without violating federal privacy laws.
OCR flowchart to assist parents with determining when they can access mental health treatment information for minor children.
OCR infographic illustrating when a mental health provider may choose not to share mental health information with the parent of a minor child.