Mental health practices are considered covered entities that must comply with HIPAA regulations, including protecting patient information and ensuring confidentiality. HIPAA compliance efforts should include securing records, using encrypted communications, conducting regular risk assessments, and training staff to prevent breaches and unauthorized access.
What information is considered PHI in mental health practices?
Protected health information (PHI) includes any data that can identify a patient and relate to their mental health condition, such as treatment plans, session notes, medication records, and payment details. Communication between mental health professionals and their patients is also considered PHI.
Related: What are the 18 PHI identifiers?
What specific safeguards does the HIPAA Security Rule require?
The HIPAA Security Rule mandates that mental health practices implement administrative, physical, and technical safeguards. Administrative safeguards include staff training and policies, physical safeguards involve securing access to patient records, and technical safeguards include encryption and passwords for electronic documents.
What should a practice do if there is a breach of patient information?
If a breach occurs, the practice must promptly notify affected patients, the Department of Health and Human Services (HHS), and any other regulatory bodies. The notification should clearly explain the nature of the breach, the types of PHI involved, and the potential risks to patients. Additionally, it should outline specific steps patients can take to protect themselves, such as monitoring their accounts for suspicious activity and placing a fraud alert on their credit reports.
Read more: How to respond to a suspected HIPAA breach
When is patient authorization required for sharing information?
According to the HHS, individuals may disclose protected information without consent under certain circumstances, such as if it is in the public interest or the patient interest for treatment, payment, or operational purposes.
Patient consent is necessary before disclosing PHI for marketing or non-healthcare purposes, such as to researchers or business partners. The authorization must be informed and specific, detailing what information will be shared, with whom, and for what purpose.
How should psychotherapy notes be handled?
Psychotherapy notes have special protection under HIPAA due to their sensitive nature and the intimate context in which they are created. According to Dr. Russ Newman, the American Psychological Association’s Director of Practice, "These notes, which capture the psychologist's impressions about the patient and can contain information that is inappropriate for a medical record, are similar to what psychologists have historically referred to as "process notes."
These notes require separate, explicit patient authorization for most uses and disclosures, meaning that therapists must obtain clear consent from patients before sharing them, even with other healthcare providers.
Why do practices need business associate agreements (BAAs)?
Practices must establish business associate agreements (BAAs) with third-party service providers that handle PHI on their behalf, including billing companies, electronic health record providers, and other vendors. These agreements outline the responsibilities of the business associates regarding the protection of PHI and ensure their compliance with HIPAA regulations.
Can mental health practices use email to communicate with patients?
Practices can use email to communicate with patients, as long as they prioritize security. They must use secure, HIPAA compliant email services to ensure confidentiality. Patient consent is required before sending any sensitive information.
Why are risk assessments important for HIPAA compliance?
Regular risk assessments help identify potential vulnerabilities in how PHI is handled. Evaluations examine the effectiveness of current security measures, such as encryption, access controls, and staff training protocols.
Read more: How to perform a risk assessment.
Can patients request amendments to their mental health records?
Patients have the right to request amendments to their mental health records under HIPAA if they believe that the information in their records is inaccurate or incomplete. The practice must review the request and respond within a designated timeframe, either granting the amendment or providing a rationale for the denial.
Read more: What are patient rights under HIPAA?
How should mental health practices manage electronic health records (EHR)?
Mental health practices should implement comprehensive security measures for managing electronic health records (EHR), which include using secure systems with strong encryption, regularly updating software, and ensuring that access is restricted to authorized individuals. Staff should receive ongoing training on EHR best practices to mitigate the risk of data breaches and ensure HIPAA compliance.
Liyanda Tembani
