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Mental Health FAQs Landing Page

This is a list of FAQs related to Mental Health issues and HIPAA. The target audience is health care professionals.

Final

Issued by: Office for Civil Rights (OCR)

Mental Health

Group Therapy | Personal Representatives | Young Adults and HIPAA Rights | Parental Access to Children’s Mental Health Information | More Protective State Laws | Sharing Directory Information | Sharing Mental Health Information with Family and Friends | Disclosures of Mental Health Information to Law Enforcement | Emergencies, Emergency Hospitalization or Dangerous Situations | Mental Health Information and Psychotherapy Notes | Sharing Mental Health Information through Health Information Organizations | Confidentially Sharing Information with a Loved One’s Doctor | Students’ Mental Health | Substance Use Disorder Treatment Information | Disclosures for Care Coordination

Group Therapy

May mental health practitioners or other specialists provide therapy to patients in a group setting where other patients and family members are present?

Personal Representatives

Can the personal representative of an adult or emancipated minor obtain access to the individual's medical record?

Does the HIPAA Privacy Rule allow parents the right to see their children’s medical records?

At what age of a child is the parent no longer the personal representative of the child for HIPAA purposes?

Does having a health care power of attorney (POA) allow access to the patient’s medical and mental health records under HIPAA?

Young Adults and HIPAA Rights

Can the personal representative of an adult or emancipated minor obtain access to the individual's medical record?

When an individual reaches the age of majority or becomes emancipated, who controls the protected health information concerning health care services rendered while the individual was an unemancipated minor?

At what age of a child is the parent no longer the personal representative of the child for HIPAA purposes?

Parental Access to Children’s Mental Health Information

Does the HIPAA Privacy Rule allow parents the right to see their children’s medical records?

When an individual reaches the age of majority or becomes emancipated, who controls the protected health information concerning health care services rendered while the individual was an unemancipated minor?

May a psychologist continue his practice to notify a parent before treating his or her minor child, even though the minor child is able to consent to such health care under state law?

Where the HIPAA Privacy Rule applies, does it allow a health care provider to disclose protected health information (PHI) about a troubled teen to the parents of the teen?

Can a minor child’s doctor talk to the child’s parent about the patient’s mental health status and needs?

At what age of a child is the parent no longer the personal representative of the child for HIPAA purposes?

Does a parent have a right to receive a copy of psychotherapy notes about a child’s mental health treatment?

More Protective State Laws

My state requires consent to use or disclose health information. Does the HIPAA Privacy Rule take away this protection?

Can the fact that a patient has been "treated and released," or that a patient has died, be released as part of the facility directory?

Can the fact that a patient has been "treated and released," or that a patient has died, be released as part of the facility directory?

Does the HIPAA Privacy Rule permit a doctor to discuss a patient’s health status, treatment, or payment arrangements with a person who is not married to the patient or is otherwise not recognized as a relative of the patient under applicable law (e.g., state law)?

Does HIPAA allow a health care provider to communicate with a patient’s family, friends, or other persons who are involved in the patient’s care?

Is a health care provider permitted to discuss an adult patient’s mental health information with the patient’s parents or other family members?

When does mental illness or another mental condition constitute incapacity under the Privacy Rule? For example, what if a patient who is experiencing temporary psychosis or is intoxicated does not have the capacity to agree or object to a health care provider sharing information with a family member, but the provider believes the disclosure is in the patient’s best interests?

If a health care provider knows that a patient with a serious mental illness has stopped taking a prescribed medication, can the provider tell the patient’s family members?

When does HIPAA allow a doctor to notify an individual’s family, friends, or caregivers that a patient has overdosed?

If an adult patient who may pose a danger to self stops coming to psychotherapy sessions and does not respond to attempts to make contact, does HIPAA permit the therapist to contact a family member to check on the patient's well-being even if the patient has told the therapist that they do not want information shared with that person?

When does HIPAA allow a hospital to notify an individual’s family, friends, or caregivers that a patient who has been hospitalized for a psychiatric hold has been admitted or discharged?

Disclosures of Mental Health Information to Law Enforcement

Where the HIPAA Privacy Rule applies, does it permit a health care provider to disclose protected health information (PHI) about a patient to law enforcement, family members, or others if the provider believes the patient presents a serious danger to self or others?

May a covered entity collect, use, and disclose criminal justice data under HIPAA?

Does HIPAA permit a doctor to contact a patient’s family or law enforcement if the doctor believes that the patient might hurt herself or someone else?

If a law enforcement officer brings a patient to a hospital or other mental health facility to be placed on a temporary psychiatric hold, and requests to be notified if or when the patient is released, can the facility make that notification?

If a doctor believes that a patient might hurt himself or herself or someone else, is it the duty of the provider to notify the family or law enforcement authorities?

Emergencies, Emergency Hospitalization or Dangerous Situations

Where the HIPAA Privacy Rule applies, does it permit a health care provider to disclose protected health information (PHI) about a patient to law enforcement, family members, or others if the provider believes the patient presents a serious danger to self or others?

Does HIPAA permit a doctor to contact a patient’s family or law enforcement if the doctor believes that the patient might hurt herself or someone else?

If a doctor believes that a patient might hurt himself or herself or someone else, is it the duty of the provider to notify the family or law enforcement authorities?

When does HIPAA allow a doctor to notify an individual’s family, friends, or caregivers that a patient has overdosed?

What constitutes a “serious and imminent” threat that would permit a health care provider to disclose PHI to prevent harm to the patient, another person, or the public without the patient’s authorization or permission?

If an adult patient who may pose a danger to self stops coming to psychotherapy sessions and does not respond to attempts to make contact, does HIPAA permit the therapist to contact a family member to check on the patient's well-being even if the patient has told the therapist that they do not want information shared with that person?

Does HIPAA require a mental health provider to let a patient know that the provider is going to share information with others before disclosing PHI to prevent or lessen a serious and imminent threat?

How does HIPAA interact with the federal confidentiality rules for substance use disorder treatment information in an emergency situation—which rules should be followed?

When does HIPAA allow a hospital to notify an individual’s family, friends, or caregivers that a patient who has been hospitalized for a psychiatric hold has been admitted or discharged?

Mental Health Information and Psychotherapy Notes

Does the HIPAA Privacy Rule permit a covered entity to disclose psychotherapy notes to or through a health information organization (HIO)?

Does HIPAA provide extra protections for mental health information compared with other health information?

Does a parent have a right to receive a copy of psychotherapy notes about a child’s mental health treatment?

Can a covered entity use existing aspects of the HIPAA Privacy Rule to give individuals the right to decide whether sensitive information about them may be disclosed to or through a health information organization (HIO)?

What options do family members of an adult patient with mental illness have if they are concerned about the patient’s mental health and the patient refuses to agree to let a health care provider share information with the family?

Students’ Mental Health

Does HIPAA prevent a school administrator, or a school doctor or nurse, from sharing concerns about a student’s mental health with the student’s parents or law enforcement authorities?

Substance Use Disorder Treatment Information

How does HIPAA interact with the federal confidentiality rules for substance use disorder treatment information in an emergency situation—which rules should be followed?

Disclosures for Care Coordination

Does HIPAA permit health care providers to share protected health information (PHI) about an individual who has mental illness with other health care providers who are treating the same individual for care coordination/continuity of care purposes?

Does HIPAA permit health care providers to share protected health information (PHI) about an individual with mental illness with a third party that is not a health care provider for continuity of care purposes? For example, can a health care provider refer a homeless patient to a social services agency, such as a housing provider, when doing so may reveal that the basis for eligibility is related to mental health?

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DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.