Mental health information is governed by federal law, which sets the minimum standard as well as state law, which can provide greater privacy protections. 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. State laws, however, can be stricter than HIPAA and provide greater protection for mental health information beyond the psychotherapy notes exception. To learn more about when mental health information can be disclosed without a patient's consent, please read our Fast Facts below.
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