In the guidance, were addressed some of the more frequently asked questions about when it is appropriate under the Privacy Rule for a health care provider to share the protected health information of a patient who is being treated for a mental health condition.
The guidance clarifies when HIPAA permits health care providers to:
• Communicate with a patient’s family members, friends, or others involved in the patient’s care;
• Communicate with family members when the patient is an adult;
• Communicate with the parent of a patient who is a minor;
• Consider the patient’s capacity to agree or object to the sharing of their information;
• Involve a patient’s family members, friends, or others in dealing with patient failures to adhere to medication or other therapy;
• Listen to family members about their loved ones receiving mental health treatment;
• Communicate with family members, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others; and
• Communicate to law enforcement about the release of a patient brought in for an emergency psychiatric hold.
For more information Related to Mental and Behavioral Health, including Opioid Overdose please visit HHS web portal.