whether he/she wishes to authorize the spouse, parent, child, or sibling to receive information regarding the individual’s current or proposed course of treatment. If the individual so authorizes, the provider will communicate to the designated individual the person’s current and proposed course of treatment. Such consent is valid for one year or for a period specified in the consent or for a different period provided by law. Emergency Situations 1. Mental Health Records may disclose Mental Health Records without obtaining prior consent [Organization] from the patient, or complying with rules set forth in Section E above, if the situation satisfies the exception” under Minnesota law. The exception” “emergency “emergency permits disclosure without patient consent if: The patient is experiencing a medical emergency; and is unable to obtain the patient’s consent to disclosure due to: [Organization] The patient’s condition; or The nature of the medical emergency. If these elements are satisfied, and its staff may disclose Mental Health [Organization] Records without patient consent. However, if these elements are not satisfied must obtain patient consent or fall within a different exception to the [Organization] consent requirement under Minnesota law. For more information on consent requirements under Minnesota law, refer to policy [enter], Consent to Use and Disclose Health Information Under Minnesota Law. 2. Psychotherapy Notes may disclose Psychotherapy Notes in an emergency situation if: [Organization] obtains authorization; or [Organization] The disclosure falls within an exception to the HIPAA authorization requirement for psychotherapy notes and: The scenario qualifies as an exception” under Minnesota law, “emergency as set forth above in Section I.F.1; The disclosure qualifies as a disclosure for which there is specific authorization in law pursuant to Minn. Stat. § 144.293, subd. 2(2); or obtains patient consent. [Organization] Exceptions to the HIPAA authorization requirement are set forth in Section I.C. The exception set forth in Section I.C.8 is particularly relevant in the context of an emergency (use or disclosure to avert a serious threat to health or safety pursuant to 45 C.F.R. § 164.512(j)(1)(i)). Under this authorization exception, may disclose [Organization]
whether he/she wishes to authorize the spouse, parent, child, or sibling to receive information regarding the individual’s current or proposed course of treatment. If the individual so authorizes, the provider will communicate to the designated individual the person’s current and proposed course of treatment. Such consent is valid for one year or for a period specified in the consent or for a different period provided by law. Emergency Situations 1. Mental Health Records [Organization] may disclose Mental Health Records without obtaining prior consent from the patient, or complying with rules set forth in Section E above, if the situation satisfies the “emergency exception” under Minnesota law. The “emergency exception” permits disclosure without patient consent if: The patient is experiencing a medical emergency; and [Organization] is unable to obtain the patient’s consent to disclosure due to: The patient’s condition; or The nature of the medical emergency. If these elements are satisfied, [Organization] and its staff may disclose Mental Health Records without patient consent. However, if these elements are not satisfied [Organization] must obtain patient consent or fall within a different exception to the consent requirement under Minnesota law. For more information on consent requirements under Minnesota law, refer to policy [enter], Consent to Use and Disclose Health Information Under Minnesota Law. 2. Psychotherapy Notes [Organization] may disclose Psychotherapy Notes in an emergency situation if: [Organization] obtains authorization; or The disclosure falls within an exception to the HIPAA authorization requirement for psychotherapy notes and: The scenario qualifies as an “emergency exception” under Minnesota law, as set forth above in Section I.F.1; The disclosure qualifies as a disclosure for which there is specific authorization in law pursuant to Minn. Stat. § 144.293, subd. 2(2); or [Organization] obtains patient consent. Exceptions to the HIPAA authorization requirement are set forth in Section I.C. The exception set forth in Section I.C.8 is particularly relevant in the context of an emergency (use or disclosure to avert a serious threat to health or safety pursuant to 45 C.F.R. § 164.512(j)(1)(i)). Under this authorization exception, [Organization] may disclose
Use_and_Disclosure_of_Mental_Health_Records_FINAL.docx