Mental Health Disclosure Laws

(a1) Any state or regional institution or psychiatric department of the hospitals of the University of North Carolina at Chapel Hill may share confidential information about a client of such institution with the Secretary, and the Secretary may share confidential information about each client with a region or state institution or the mental health department of the hospitals of the University of North Carolina at Chapel Hill, if the responsible professional or secretary determines that disclosure is necessary to coordinate the appropriate and effective care, treatment or accommodation of the client. (a) Any jurisdiction, government institution, or psychiatric department of the University of North Carolina at Chapel Hill hospitals may share confidential information about a client of that facility with another state region or institution or the mental health department of the University of North Carolina at Chapel Hill hospitals as necessary to coordinate adequate and effective care. Treatment or adaptation of the client. For the purposes of this subsection, coordination means the provision, coordination or management of mental health, developmental disability and addiction and related services by one or more entities, including the referral of a client from one facility to another. Joseph T. Monahan, founder of Monahan Law Group LLC and associate professor of law at Loyola University School of Law in Chicago, presented this segment. Monahan represents approximately 70 Chicago-area hospitals and has successfully represented several cases before the Illinois Supreme Court and Court of Appeals on issues of confidentiality, mental health, and child advocacy. Connor described three objectives that Public Act 098-1046 achieves for HIV/AIDS and genetic information: 1) it creates a limited data set, 2) it allows anonymized data, and 3) it allows for research on any of the above. He indicated that research already plays a role in mental health records, thanks to a clear exception to confidentiality; Under the Mental Health Privacy Act, the Department of Human Services may share mental health information with the University of Illinois Juvenile Research Institute and Institute of Developmental Disorders. Research and data are becoming increasingly important in the medical field. The collection of data presents risks for the protection of data as soon as it enters a database.

No. The privacy rule distinguishes between mental health information contained in a psychiatrist`s private notes and information contained in the medical record. It does not provide for a right of access to psychotherapeutic notes. Psychotherapy notes are primarily for the personal use of the treating professional and are generally not disclosed for any other purpose. Thus, the data protection rule contains an exception to the right of a person (or personal representative) to access psychotherapeutic notes. See 45 CFR 164.524(a)(1)(i). HIPAA privacy rules offer special protection for “psychotherapy notes,” but providers often have a poor understanding of what is and what is not covered and how they differ from other mental health records. Some state record-keeping laws do not provide for exceptions to a general obligation of confidentiality for sharing records for processing purposes and only allow them with consent (see Fla. Stat. Ann. § 394.4615 and Wash Rev. Code Ann.

§ 71.05.630). Michigan law (Mich. Comp. Laws. § 330.1748) provides for disclosure only with the consent of a treating institution. Patricia A. Werner, Assistant General Counsel at Presence Health, was the next moderator. After working in community living at Access Living as a senior attorney and in the legal advocacy department of the Illinois Guardianship and Advocacy Commission, she spent a significant portion of her career representing people with mental illness and developmental disabilities. A consent form could read: “I, Jane Doe, give my consent to Dr. John Smith to disclose my mental health and treatment records to Judy Johnson for the purposes of my SSI application.

This consent is valid for one year. Signed, Jane Doe. Witness, Sam Roe. Date: 08.05.00. “Professionalism: Confidentiality and Defense of Persons Presumed to Have a Diagnosed Mental Illness” The Privacy Policy Adopted by the Department of Health and Human Services under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) has had a huge impact on health care providers.