New HIPAA guidance clarifies Sharing Information Related to Mental Health

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. 

 

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