HIPAA provides special protection to psychotherapy notes
As per the HIPAA, many types of Protected Health Information (PHI) can be accessed for treatment, payment or other healthcare operations without an explicit permission from the individual, but HIPAA’s Privacy Rule extends special protections to psychotherapy notes. As such, the 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 lawful health oversight activities or as otherwise required by law,
- 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.
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