HIPAA privacy rule and sharing information related to mental health

This guide addresses some of the more frequently asked questions about when it is appropriate under the Privacy Rule for a health care provider to share the protected health information of a patient who is being treated for a mental health condition.
In addition, it provides relevant reminders about related issues, such as the heightened protections afforded to psychotherapy notes by the Privacy Rule, a parent’s right to access the protected health information of a minor child as the child’s personal representative, the potential applicability of Federal alcohol and drug abuse confidentiality regulations or state laws that may provide more stringent protections for the information than HIPAA, and the intersection of HIPAA and Family Educational Rights and Privacy Act (FERPA) in a school setting.