Substance Abuse and Mental Health Records: What Can You Release?

Mental health and substance abuse treatment records are among the most highly regulated types of medical records because of the sensitive nature of the information they contain. Maintaining patient trust that such records will be held in confidence is key to successful treatment. However, health care providers must release such information for many legitimate purposes, including treatment purposes. In this era of health information technology, providers are under increased pressure to make patient records available to all treating providers in order to better coordinate and improve patient care. In addition, to qualify for federal incentive payments for adoption of interoperable electronic health records technology under the HITECH Act, providers must maintain patient medical records electronically in a manner that facilitates sharing. Yet to do so, providers must understand the complex morass of laws and regulations governing disclosures of mental health and substance abuse records. This OnDemand Webinar will help you understand the various laws that restrict disclosure of mental health and substance abuse treatment records, the interplay among these laws and how these records can be appropriately disclosed. This OnDemand Webinar will also specifically address the unique issues these records present to EHR implementation.

Authors

Agenda

Overview of Applicable Laws

• HIPAA
• 42 Cfr Part 2
• State Law and Overview of Preemption Issues

Specific Disclosure Rules

• Alcohol and Drug Abuse Records
• Mental Health Records

Elements of a Valid Authorization to Disclose Mental Health or Substance Abuse Records

Ehr Implementation Issues

• Samhsa Faqs
• State Law Barriers

Questions And Answers

Additional Formats