HIPAA

Question 1

Release of Info

Answer 1

May be given to family or friends of patient if it is in client’s best interest and only as involves those individuals for payment or care of client if client is unable to consent

Question 2

Psychotherapy Notes

Answer 2

May be withheld as personal notes of the therapist if in best interest of client to not share them.
Including from parents
-treatment plans and diagnosis may be shared and specific dates of therapy

Question 3

If patient is under influence of alcohol or psychosis

Answer 3

Then therapist uses best judgment to determine if it is in the best interest of patient to share information regarding care of patient or payment

Question 4

Mental health services to minors- exceptions to telling parents when:

Answer 4

1. State or other law does not require the consent of a parent or other person before a minor can obtain a particular health care service, the minor consents to the health care service, and the minor child has not requested the parent be treated as a personal representative
2. someone other than the parent is authorized by law to consent to the provision of a particular health service to a minor and provides such consent
3. a parent agrees to a confidential relationship between the minor and a health care provider with respect to the health care service. For example, if State law provides an adolescent the right to obtain mental health treatment without parental consent, and the adolescent consents to such treatment, the parent would not be the personal representative of the adolescent with respect to that mental health treatment

Question 4

If client is cognitively able to object to information being shared

Answer 4

then therapist may only share in regards to duty to warn or suicide per state requirements

Question 5

HIPAA Release of info to parent exception

Answer 5

parent also may not be a personal representative if there are safety concerns. A provider may decide not to treat the parent as the minor’s personal representative if the provider believes that the minor has been or may be subject to violence, abuse, or neglect by the parent or the minor may be endangered by treating the parent as the personal representative; and the provider determines, in the exercise of professional judgment, that it is not in the best interests of the patient to treat the parent as the personal representative. See 45 CFR 164.502(g)(5).