On the federal level, mental health information is governed as a form of protected health information (PHI), allowing for disclosure wihtout patient consent for treatment, payment and health care operations under the Health Insurance Portability and Accountability Act's (HIPAA) Privacy Rule. One exception to this general rule of permitting the sharing of treatment information without consent is that “psychotherapy notes” receive special protection under the Privacy Rule and may only be disclosed with patient authorization. However, state law can be stricter than HIPAA and provide greater protections for mental health information beyond the psychotherapy notes exception. The HIPAA Privacy Rule along with state law, governs the methods by which a covered entity is permitted to use and disclose PHI, including mental health information, for research purposes. For the most part, a covered entity is allowed to use and disclose mental health information for research with valid patient consent; however in limited situations, PHI may be used for research without patient authorization.
To learn more about how mental health information can be used or disclosed, we invite you to read our products below.
Fast Facts: When Can Mental Health Information be Disclosed without Patient Consent?
Myth Buster: Mental health information cannot be disclosed for research.
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