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| Avoiding Liability Bulletin |
May 2008, Volume 1 |
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by Richard S. Leslie, J.D. Click here for profile.
Attorney at Law - "At the Intersection of Law and Psychotherapy"
Confidentiality - Exception
… What is the right of a therapist or
counselor to communicate with other health care providers or facilities without
the patient’s written authorization? This is an important question to answer.
Each state may treat the answer somewhat differently. For HIPAA covered
providers, the federal government has enacted regulations that make clear that
such communications may be made without the patient’s written authorization –
provided that the disclosures are for the purposes of the diagnosis or
treatment of the patient. Pursuant to these federal regulations (known as the
“Privacy Rule”), patients are required to be informed of this information in
the required Notice of Privacy Practices” document. For those who are not
covered by HIPAA, state law applies.
HIPAA regulations in this area of the law
(confidentiality and privacy) were in large part patterned after California law
– the Confidentiality of Medical Information Act. That act, which covers
physicians, psychotherapists, and others, has long recognized that disclosures
can be made between health care providers, without the patient’s written
authorization, for purposes of diagnosis or treatment of the patient.
California law imposes no requirement upon the practitioner to first disclose
this information to the patient, although practitioners may do so in a
disclosure statement that, among other things, describes the exceptions to
confidentiality. Thus, practitioners in California may consult with their
licensed colleagues about a case (and disclose the name of the patient) without
the patient’s prior written authorization. Is there a similar law in your
state? What exactly does it allow and/or require?
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