Authorization for Disclosure of Psychotherapy Notes to Law Firm

Preventing a Serious and Imminent Threat. Treating the Patient. Ensuring Public Health and Safety. Notifying Family, Friends, and Others Involved in Care. Notifying Media and the Public.

That's right: Access to your therapist's notes is your right (note: laws vary state by state and if it would be harmful to you for any reason, the therapist is allowed to provide a summary). But many people don't ask for them. And many clinicians shy away from sharing.

Psychotherapy notes receive special protection under the HIPAA Privacy Rule (Privacy Rule).1 The psychotherapy notes receive special protection because of their sensitive nature and because they are personal notes of the provider that are generally not required for treatment, payment, or health care operations.

Psychotherapy notes are primarily for personal use by the treating professional and generally are not disclosed for other purposes. Thus, the Privacy Rule includes an exception to an individual's (or personal representative's) right of access for psychotherapy notes.

HIPAA permits health care providers to disclose to other health providers any protected health information (PHI) contained in the medical record about an individual for treatment, case management, and coordination of care and, with few exceptions, treats mental health information the same as other health information.

HIPAA requires that the subpoena and/or court order specifically state that the request is for psychotherapy notes, and requires that the patient complete a separate authorization form. For further information: General information on HIPAA and Psychotherapy Notes.

HIPAA affords psychotherapy notes more protection--most notably from third-party payers--than they'd been given in the past. Under HIPAA, disclosure of psychotherapy notes requires more than just generalized consent; it requires patient authorization--or specific permission--to release this sensitive information.

We employ rigorous administrative, physical, and technical safeguards to ensure that our business and TherapyNotes2122 software are compliant with all relevant HIPAA regulations. Protecting your records is always our highest priority.