HIPAA governs the sharing of patient information by establishing strict guidelines and safeguards to protect the confidentiality and security of individuals' health information. Therapists must know how to handle client requests to share therapy-related information with other healthcare providers while ensuring HIPAA compliance.
HIPAA and client rights
HIPAA grants clients specific rights over their health data, including the right to control the disclosure of their protected health information (PHI). HIPAA's primary goal is to balance safeguarding patient information and allowing for the necessary sharing of healthcare data to ensure proper care and treatment.
Related: What are patient rights under HIPAA?
Client requests to share therapy-related information
Therapists often encounter scenarios where clients request the sharing of therapy-related information with other healthcare providers. Therapists need to navigate these requests thoughtfully.
These scenarios include:
- When a client is referred to a specialist for a specific condition
- When a client is undergoing a major medical procedure or surgery
- When a client is receiving treatment for a co-occurring physical and mental health condition
- When a client is transitioning between healthcare providers or facilities
HIPAA compliant steps for handling client requests
1. Obtain written authorization
To share therapy-related information with other healthcare providers, therapists must obtain written authorization from the client. This authorization should specify what information will be shared, the purpose of the disclosure, and the recipients. Obtaining written authorization is a demonstration of respect for the client's autonomy. It empowers clients to control who has access to their healthcare information.
2. Minimum necessary rule
Therapists must adhere to the HIPAA minimum necessary rule when handling client requests to share information. Share only the information necessary for the recipient to provide care.
Consider a scenario where a client is referred to a specialist for a specific condition. In such cases, sharing relevant diagnostic information and treatment plans is essential, but sharing the entire therapy history may not be necessary.
3. Use secure communication
Ensure that all communication involving PHI is secure. Consider HIPAA compliant email or secure fax for transmitting sensitive information. Using secure communication methods adds an extra layer of protection to client information.
4. Documentation
Properly document the disclosure in the client's medical record. Include the date, information shared, purpose, and the recipient's name. This documentation shows a record of the client's consent and the steps taken to comply with HIPAA.
In addition to legal compliance, proper documentation helps maintain clear and transparent communication between all parties involved in the client's care.
Related: How to obtain patient consent for email communication
5. Transparency and informed choice
Maintain transparency throughout the process. Explain to the client why written authorization is necessary and educate them on the potential implications of sharing their information.
Clients should know how sharing their information might impact their treatment, insurance coverage, or any other aspect of their healthcare journey.
6. Consideration of consequences
Discuss the potential consequences of sharing sensitive information with the client. This can include impacts on insurance coverage, potential employment implications, or any other relevant factors. Clients should have a comprehensive understanding of the potential outcomes of their decision.
Exceptions to HIPAA Privacy Rule
While written authorization is typically required, there are exceptions to the HIPAA Privacy Rule. In certain situations, therapists may disclose PHI without client authorization. These exceptions include cases where there is a threat to health or safety or when complying with a legal requirement.
Liyanda Tembani
