Sharing Mental Health Information

A doctor sharing mental health information with a caregiver

Sharing Mental Health Information

Allowing Providers to Share

In certain circumstances HIPAA allows sharing of mental health information by mental health providers based on professional judgment.   It can be when it is in the best interests of the patient, or to prevent or lessen a risk of harm.

If there is a risk of harm to themselves or others, or if exhibiting behavior that may threaten their health or safety, providers need to be able to use professional judgment.   As a result they can identify the potential or likely risk and determine who can help lessen it.

Ways to Share Mental Health Information

There are several ways the provider may address the situation.

If the patient lacks ability to make decisions or is unconscious, the provider can share information with the patient’s personal representative (if applicable).   They can also share with family or friends involved in their care if it’s determined in the patients’ best interest.

A provider may contact anyone reasonably able to lessen the risk of harm.   This is important when they believe that a patient presents a serious and imminent threat to the health or safety to themselves or another person.

OCR Wont’t Second Guess

The Office for Civil Rights (OCR)states it won’t second guess mental health provider’s judgement when a patient is a threat to himself or others. HIPAA allows mental health providers to share information.

For more detail see the OCR guidance on this vital topic.  Remember to check state law for any restrictions on sharing.  It is the responsibility of all providers of mental health treatment to know the rules before managing this information.

This is your HIPAA ABCs brought to you by HIPAA Associates.  Contact us for more information on this important topic and HIPAA training for you and your company.