| psychotherapy
notes (HIPAA)
HIPAA's
Privacy Rule extends special protections to psychotherapy
notes. While other types of protected
health information (PHI) may be accessed for treatment,
payment or other healthcare
operations without an explicit permission from the individual,
use or disclosure of psychotherapy notes requires an authorization
except:
- for the originator
of the notes (i.e., the mental health practitioner), for
treatment of the subject patient;
- for students,
trainees or practitioners, for supervised training programs;
- to defend a
legal action or other proceeding brought by the patient
against the covered entity;
- for coroners
or medical examiners (where the patient is deceased); or
- where,
consistent with applicable law and the standards to ethical
conduct, there is a good faith belief that the use or disclosure
is necessary to prevent or lessen a serious threat to health
or safety.
See also:
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