104. Code of Mass. Regs. 27.17. - Records and Records Privacy

Mental health facilities must maintain the confidentiality of their patient records.
 
Disclosure With Consent:
A patient or a patient’s legally authorized representative may consent to the disclosure of information relating to their mental health by fulfilling the requirements set forth 45 C.F.R. 164.508.
 
Disclosure Without Consent:
The Commissioner may issue a permit for a third party to inspect the mental health records of a patient if the inspection would be permitted by HIPAA and its implementing regulations, and the disclosure would be in the best interests of the patient, provided that written authorization is attempted to be obtained from the patient in advance. “Best interest” is defined to include disclosure to a health care provider in an emergency situation and to facilitate the delivery of services. Mental health information may be disclosed if it the disclosure is otherwise required by law.
 
Disclosure Pursuant to Court Order:
A court may order the disclosure of a patient’s mental health record, whether or not the disclosure is in connection with a pending judicial proceeding.