HIPAA supports mental health professionals, allowing them to use their judgment when acting in their patient's or the public's best interest.
HIPAA compliance in mental health
Health Insurance Portability and Accountability Act (HIPAA) establishes guidelines for sharing patients’ protected health information (PHI) to maintain privacy and trust in the therapeutic relationship.
“HIPAA requirements help protect people in therapy [and] the therapists providing treatment, [improving] treatment by allowing health care professionals and family members to collaborate,” explains GoodTherapy.
Despite HIPAA’s strict requirements, “it allows therapists to decide when sharing information about their client is in that person’s best interest.”
Supporting crisis intervention
According to the HHS, “HIPAA helps mental health professionals by allowing them to make decisions about when to share mental health information based on their professional judgment about what is in the best interests of the patient or what is needed to prevent or lessen a risk of harm.”
More specifically, if a patient poses a serious and imminent threat of harm to themselves or others, mental health professionals can disclose the necessary information to law enforcement, family members, or other healthcare providers who can intervene effectively.
Mental health information can also be disclosed in response to a court order or other legal mandate if there is a clear threat to the individual or others.
Read also: Do forensic psychiatrists' court reports need to be HIPAA compliant?
Ensuring patient care and public safety
HIPAA helps prevent potential harm and facilitates prompt intervention in suicidal ideation, violent behavior, or instances where patients may be unable to advocate for themselves.
Like if a patient has thoughts of harming themselves, their therapist can “use their expertise and professional judgment to identify a potential or likely risk and determine who can help lessen the potential for harm.”
The therapist can then use HIPAA compliant emails to collaborate with the patient’s caregiver, discussing a safety plan and ensuring they have a support system in place to prevent self-harm.
The HHS also provides the following examples:
- “A psychotherapist may contact a close friend of a patient in crisis (who has brought the patient to sessions in the past) and enlist the friend’s assistance to take the patient to a psychiatric consult or to pick up new medication.”
- “A therapist may contact a patient’s mother, if the patient’s mother has been involved in coordinating the patient’s appointments, to ensure the patient attends.”
- “If the patient is mentally incapacitated, [a] psychotherapist may decide that disclosing relevant mental health information to involved family, friends, or caregivers is in the patient’s best interests, even if the patient is unable to agree or object.”
The HHS also reassures mental health providers, stating it “would not second guess a health professional’s judgment about when a patient seriously and imminently threatens their own, or others, health or safety.”
So, if a patient tells their psychotherapist that they imagine harming their spouse, the psychotherapist would be able to inform the spouse without violating patient confidentiality. Furthermore, the psychotherapist can involve law enforcement if they think it's needed.
Ultimately, HIPAA allows mental health providers to prevent harm without fear of violating patient confidentiality or facing legal repercussions.
FAQs
Who does HIPAA apply to?
HIPAA applies to healthcare providers, health plans, and healthcare clearinghouses, including mental health professionals.
Can mental health providers disclose PHI without patient consent?
Yes, mental health providers can disclose protected health information (PHI) without patient consent to prevent harm or comply with legal mandates.
What happens if mental health professionals violate HIPAA?
Violating HIPAA confidentiality rules can result in penalties, fines, and disciplinary actions against the healthcare provider.
Go deeper: What are the penalties for HIPAA violations?
