Mental Health Record Compliance
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Find out how to stay HIPAA compliant and better understand the laws governing the use and release of mental health records.
Mental health providers are subject to many restrictions on how they can deal with patient records. As a health care provider, you are generally subject to the HIPAA medical record privacy and security requirements. To the extent you deal with substance abuse diagnosis and treatment, you are also subject to additional federal confidentiality restrictions, particularly part 2 of 42 CFR. You also deal with some specific types of records that are subject to specific requirements under state and federal law. And unlike most nonmental health providers, your patients are often unable to directly deal with their own medical decision making. This topic will discuss the various general medical record restrictions you face, as well as the specific issues that arise in the mental health field. The material will include some forms that may be useful in meeting HIPAA obligations and patient needs.
AuthorsJeffery P. Drummond, Jackson Walker L.L.P.
General HIPAA Rules
• HITECH and Omnibus Rule Changes
Substance Abuse Program Records
• 42 CFR vs. 45 CFR
• Similarities, Differences and Overlap
Psychotherapy Notes Issues
• Patient's Perspective
• Provider's Perspective
Patient Consent and Authorization
• Patient Capacity to Consent
• Interrelationships With Family and Caregivers