Mental Health Disclosure Laws

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Consumer Guide to Mental Health Benefits: Disclosure Rights

(5 days ago) People also askDo I need a court order to disclose mental health information?Required by law, or pursuant to a court order, subpoena, or an “administrative request,” such as a subpoena or summons (Note: the "more stringent" NYS Mental Hygiene Law section 33.13 requires a court order for disclosure of mental health information in these circumstances). The information sought must be relevant and limited to the inquiry.HIPAA Privacy Rules for the Protection of Health and Mental Health omh.ny.govCan a family member disclose mental health information about a patient?In general, under RCW 70.02.205 and HIPAA, when a family member or other persons “in a close relationship” seek health care information, including mental health information, about an adult patient, the law permits disclosure if: The disclosure is for purposes of notifying the close relation of the patient’s location, general condition or death.Permitted disclosures of mental health information and substance use wsha.orgCan mental health professionals disclose information in Texas?Texas law only permits the disclosure of information by mental health professionals “to other professionals and personnel under the professionals” direction who participate in the diagnosis, evaluation, or treatment of the patient” (Tex. Health and Safety Code § 611.004 (a) (7)).Constraints on Sharing Mental Health and Substance-Use Treatment ncbi.nlm.nih.govDo you need authorization to disclose mental health information?However, some states have enacted statutes or regulations that require authorization to disclose mental health information, either from the patient (or their representative in the case of incapacity) or from an authority like a mental health program director.State Laws Requiring Authorization to Disclose Mental Health healthit.govFeedbackHHS.govhttps://www.hhs.gov/hipaa/for-professionals/specialInformation Related to Mental and Behavioral Health, including …WEBThe mental health guidance addresses three core areas: The circumstances in which information related to mental health may be disclosed for health and safety purposes. Guidance on Responding to an Opioid Overdose HHS Office for Civil Rights …

https://www.dol.gov/sites/default/files/ebsa/laws-and-regulations/laws/mental-health-parity/disclosure-guide-making-the-most-of-your-mental-health-and-substance-use-disorder-benefits.pdf#:~:text=The%20parity%20law%2C%20also%20known%20as%20the%20Mental,employer-%20sponsored%20group%20health%20plans%20and%20health%20insurers.

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State Laws Requiring Authorization to Disclose Mental Health

(2 days ago) WEBMental health information. The District of Columbia defines mental health information as identifiable diagnosis or treatment information obtained by a mental …

https://www.healthit.gov/sites/default/files/State%20Mental%20Health%20Laws%20Map%202%20Authorization%20Required%209-30-16_Final.pdf

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Mental Health HHS.gov

(2 days ago) WEBHIPAA permits health care providers to disclose to other health providers any protected health information (PHI) contained in the medical record about an individual for …

https://www.hhs.gov/hipaa/for-professionals/faq/mental-health/index.html

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Understanding What HIPAA Means for Mental Illness - NAMI

(6 days ago) WEB4/15/2014. The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that helps protect the privacy of individual health information. For individuals living with …

https://www.nami.org/About-NAMI/NAMI-News/2014/Understanding-What-HIPAA-Means-for-Mental-Illness

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Consumer Guide to Mental Health Benefits: Disclosure Rights

(6 days ago) WEBmental health and substance use disorder benefits (such as copayments, visit limits, and preauthorization requirements) must generally be comparable with those for …

https://www.dol.gov/sites/default/files/ebsa/laws-and-regulations/laws/mental-health-parity/disclosure-guide-making-the-most-of-your-mental-health-and-substance-use-disorder-benefits.pdf

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Privacy Rights Mental Health America

(9 days ago) WEBDisclosure of this information is also at the discretion of the provider. Are my communications with my school counselor private? Generally, communications with your …

https://www.mhanational.org/issues/privacy-rights

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Permitted disclosures of mental health information and substance …

(4 days ago) WEBTherefore, state law governs the use and disclosure of mental health information, although it mostly coincides with HIPAA’s general rules for disclosure …

https://www.wsha.org/articles/permitted-disclosures-of-mental-health-information-and-substance-use-disorder-information-without-patient-consent/

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HIPAA Privacy Rules for the Protection of Health and Mental …

(1 days ago) WEBRequired by law, or pursuant to a court order, subpoena, or an “administrative request,” such as a subpoena or summons (Note: the "more stringent" NYS Mental Hygiene Law …

https://omh.ny.gov/omhweb/hipaa/phi_protection.html

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Constraints on Sharing Mental Health and Substance-Use …

(4 days ago) WEBThe District of Columbia mental health law is even more restrictive, only allowing disclosure to other employees within a facility or to participating providers in the …

https://www.ncbi.nlm.nih.gov/books/NBK19829/

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50-State Survey of Health Care Information Privacy Laws

(3 days ago) WEBDevine, 395 Mass. 59, 68 (1985)Disclosure of mental health records permitted without a patient’s written consent only at DMH’s request, pursuant to a court …

https://www.jdsupra.com/legalnews/50-state-survey-of-health-care-7617813/

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Mental Health Rights Mental Health America

(1 days ago) WEBAs an organization, MHA is committed to the principles of human and civil rights inherent to the concept of equal justice under the law. This includes the rights of persons with …

https://mhanational.org/issues/mental-health-rights

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Fact Sheet 42 CFR Part 2 Final Rule HHS.gov

(3 days ago) WEBDate: February 8, 2024. On February 8, 2024, the U.S. Department of Health & Human Services (HHS) through the Substance Abuse and Mental Health Services …

https://www.hhs.gov/hipaa/for-professionals/regulatory-initiatives/fact-sheet-42-cfr-part-2-final-rule/index.html

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Substance Use Confidentiality Regulations SAMHSA

(2 days ago) WEBSubstance Abuse and Mental Health Services Administration 42 CFR § 2.20, states that “no State law may authorize or compel any disclosure prohibited by …

https://www.samhsa.gov/about-us/who-we-are/laws-regulations/confidentiality-regulations-faqs

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Mental Illness Disclosure in the Workplace: An Opportunity for

(3 days ago) WEBObjectives. To identify employers' disclosure requirements for mental illness diagnosis or treatment during the job application process and/or as a condition of …

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8844635/

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Laws and Regulations SAMHSA

(9 days ago) WEBThe Consolidated Appropriations Act, 2023 (PDF 4.1 MB) (Public Law 117–328) (CAA, 23) was enacted in December of 2022. The CAA, 23 funded SAMHSA …

https://www.samhsa.gov/about-us/who-we-are/laws-regulations

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State-by-State Variability in Adolescent Privacy Laws

(1 days ago) WEBOBJECTIVES. Health care providers managing the complex health needs of adolescents must comply with state laws governing adolescent consent and right to …

https://publications.aap.org/pediatrics/article/149/6/e2021053458/187003/State-by-State-Variability-in-Adolescent-Privacy

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Division of Mental Health Advocacy - The Official Web Site for The

(1 days ago) WEBFor questions about mental illness or accessing services or other non-emergency matters, you can contact NJ Mental Health Cares at: Phone: (866) 202-HELP (4357) Email: …

https://www.nj.gov/defender/services/mha/

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Does HIPAA provide extra protections for mental health …

(2 days ago) WEBDoes HIPAA provide extra protections for mental health information compared with other health information? including a disclosure for treatment …

https://www.hhs.gov/hipaa/for-professionals/faq/2088/does-hipaa-provide-extra-protections-mental-health-information-compared-other-health.html

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AUTHORIZATION FOR RELEASE OF HEALTH INFORMATION …

(5 days ago) WEBIf. I experience discrimination because of the release or disclosure of HIV-related information, I may contact the New York State Division of Human Rights at (212) 480 …

https://nycourts.gov/forms/hipaa_fillable.pdf

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NJ involuntary commitment law alarms mental health advocates

(8 days ago) WEBNorthJersey.com. 0:00. 1:55. People experiencing mental health crises could face longer involuntary commitment times in hospitals and emergency …

https://www.northjersey.com/story/news/health/2023/08/22/new-jersey-mental-health-crisis-law-alarms-social-service-groups-involuntary-confinement-hospitals/70623537007/

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AuthorizationForDisclosureORRequestForAccessTo …

(9 days ago) WEBInstructions: information below, sign in the use and disclosure of your private information (PI) held by Horizon, please complete the To authorize. 07101-1458 or via fax at 973 …

https://www.horizonblue.com/sites/default/files/2016-09/horizon_bcbsnj_fillable_32261.pdf

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HIPAA Privacy Rule and Sharing Information Related to …

(7 days ago) WEBIs a health care provider permitted to discuss an adult patient’s mental health information with the patient’s parents or other family members? In situations where the patient is …

https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/special/mhguidancepdf.pdf

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