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What is a Hippa release?

HIPAA release forms allow patients to authorize their health provider to disclose information to a civilian third party of their choosing.

Are therapist required to keep notes?

They must keep the notes secure and confidential at all times. To avoid a HIPAA violation, a mental health professional does not want to keep a notepad filled with private information out in the open, for example. Psychotherapy notes were not always protected.

What are the authorization requirements for use and disclosure of protected health information?

An authorization must specify a number of elements, including a description of the protected health information to be used and disclosed, the person authorized to make the use or disclosure, the person to whom the covered entity may make the disclosure, an expiration date, and, in some cases, the purpose for which the ...

Can a therapist refuse to release progress notes?

Under the new law, psychologists can decide whether to release their psychotherapy notes to patients, unless patients would have access to their psychotherapy notes under state law (see the article about HIPAA and state laws in last month's Monitor).

Does HIPAA require a therapist to release clinical notes if the client requests them?

No. The HIPAA Privacy Rule does not provide a right of access to psychotherapy notes and thus this practice is not required to disclose the psychotherapy notes to the parent. This would be the same in any situation where the personal representative of the patient is requesting psychotherapy notes.

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