Transcription of State Laws Requiring Authorization to Disclose Mental ...
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1 State Laws Requiring Authorization to Disclose Mental health Information for Treatment, Payment, or Healthcare Operations Under the HIPAA Privacy Rule, disclosures for treatment, payment, and healthcare operations (TPO) do not require patient Authorization (45 ). However, some states have enacted statutes or regulations that require Authorization to Disclose Mental health information, either from the patient (or their representative in the case of incapacity) or from an authority like a Mental health program director. This additional Authorization requirement in the case of Mental health information is a stronger standard than HIPAA and therefore is not preempted by federal law. In some cases, the additional Authorization requirement applies to Mental health information disclosed by any provider in the State (shown in blue below), while in other states, the additional Authorization requirement applies only to disclosures of Mental health information about individuals receiving treatment through a State program (shown in green).
Sep 23, 2016 · health services. The Division of Mental Health and Addiction, the Division of Disability and Rehabilitative Services, or the Indiana State Department of Health will define the content of these records by regulation. Mental health records maintained by private mental health institutions, hospitals, ambulatory
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