Release of Information in Behavioral Health Cases

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Recommended: Security of medical records

In the event of releasing any patient information it is important to make sure that all of your T’s are crossed and your I’s are dotted before the transaction is complete. However, because specialized patient records, such as behavioral health or substance abuse cases, contain not only strictly medical information, but also therapeutic mental and emotional information, the release of this kind of information could cause some damage (McWay, 2010, p. 227). This is why the release of information concerning these patient records in them. For purposes of this assignment this paper will only be covering the release of information in a behavioral health case.

Protected health information or PHI is any identifying information that is related to a person such as a name or an address. According to HIPAA “the disclosure of PHI is prohibited, except when the patient has signed a release of information form that authorizes PHI to be released or disclosed to a specific party (Sheahan)”. With the release of information there are different rules that need to be fallowed in order to protect the patient’s privacy.

A patient’s medical record is property of the hospital or the facility that created the record. However, the information contained in the record is property of the patient, and a copy of the record (with a behavioral health case) can be released to the patient as long as he/she is at least twelve years old. A patient who is at least twelve years old also has the authority to consent to the disclosure to release information to a third party. The release of a health record, with a behavioral health issue, can also be granted to the patient’s parent or legal guardian as long as the patient is under the age of twelve years old. If a child ...

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...nt to pay), the date on which the consent expires (for example if not stated, the consent is only valid for the day when received), and the right to revoke the consent at any time (Gordon, 2000). The form must also be witnessed by a person who can identify the person giving authorization to release the record.

Works Cited

Gordon, L. (2000, 12 1). Publications: Release of Behavioral Health, Developmental Disabilities, HIV, and Substance Abuse Information: Guidelines for Legal Compliance . Retrieved January 30, 2012, from Ungaretti & Harris: http://www.uhlaw.com/release_of_behavioral_health/

McWay, D. (2010). Legal and Ethical Aspects of Health Information Management. Clifton Park: Delmar.

Sheahan, K. (n.d.). HIPAA Behaviorial Health Requirements. Retrieved January 30, 2012, from eHow: http://www.ehow.com/list_6730840_hipaa-behaviorial-health-requirements.html

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