Question

healthcare, mental health. Given the sensitive nature of mental health and substance use disorder treatment information, understanding HIPAA protections as a healthcare professional is particularly important. Using the document, “HIPAA Privacy Rule and Sharing information related to Mental HealthPreview the document” answer the following questions:

Does HIPAA provide extra protections for mental health information compared with other health information?

Is a health care provider permitted to discuss an adult patient’s mental health information with the patient’s parents or other family members?

Can a minor child’s doctors talk to the child’s parent about the patient’s mental health status and needs?

Does a parent have a right to receive a copy of psychotherapy notes about a child’s mental health treatment?

When does HIPAA allow a doctor to notify an individual’s family, friends, or caregivers that a patient has overdosed, e.g., because of opioid abuse?

Answer 1

ANS 1 - Yes, HIPAA provides extra protections for mental health information. For individuals living with mental illness, this law is important, because it helps protect confidential mental health treatment records. Open communication between a mental health provider and family members or friends of a person living with mental illness can help make sure that the individual receives the best treatment and care possible.

ANS 2 - Yes, healthcare providers may share and discuss an adult patient’s mental health information about treatment with a person’s family or friends if the person with mental illness does not object. If the person receiving treatment is an adult, objects to the release of information, and is deemed capable of making healthcare decisions by the healthcare provider, then the healthcare provider may not share information with family or friends. If the healthcare provider determines that a person does not have the capacity to make healthcare decisions, then the provider may choose to share information with family, friends, or other individuals involved in the person’s care if the provider believes it is in the person’s best interest.

But healthcare providers should exercise professional judgment on how much information o be shared and disclose only the information that is necessary or directly related to the family member or friend’s involvement in care.

ANS 3 - Yes, a a minor child’s doctors can talk to the child’s parent about the patient’s mental health status and needs.

ANS 4 - A parent does not have a right to receive a copy of psychotherapy notes about a child's mental health treatment.

ANS 5 - When a patient has overdosed, a health care professional, such as a doctor, generally may notify the patient’s family, friends, or caregivers involved in the patient’s health care or payment for care if:

(1) the patient has the capacity to make health care decisions at the time of the disclosure, is given the opportunity to object, and does not object;

(2) the family, friends, or caregivers have been involved in the patient’s health care or payment for care and there has been no objection from the patient;

(3) the patient had the capacity to make health care decisions at the time the information is shared and the doctor can reasonably infer, based on the exercise of professional judgment, that the patient would not object;

(4) the patient is incapacitated and the health care professional determines, based on the exercise of professional judgment, that notification and disclosure of PHI is in the patient’s best interests;

(5) the patient is unavailable due to some emergency and the health care professional determines, based on the exercise of professional judgment, that notification and disclosure of PHI is in the patient’s best interests; or

(6) the notification is necessary to prevent a serious and imminent threat to the health or safety of the patient or others.

If the patient who has overdosed is incapacitated and unable to agree or object, a doctor may notify a family member, personal representative, or another person responsible for the individual’s care of the patient’s location, general condition, or death.