Required Disclosure of PHI
MHMR may not use or disclose protected health information (PHI), except in certain situations, governed by the Privacy Rule.
MHMR is required to disclose protected health information to:
- An individual (consumer) who requests their PHI medical records in writing
- Department of Health and Human Services (DHHS) for investigation of HIPAA compliance (without authorization)
MHMR is permitted to disclose protected health information without an authorization, for:
- Treatment: to provide, coordinate or manage the care and treatment of consumers among providers
- Payment for services
- Health Care Operations: Administrative, financial, legal and quality improvement activities necessary to run business and support core functions of treatment and payment.
- Public Health Authorities: to report vital statistics, e.g. death to the Department of Health or to prevent or control disease, e.g. report TB, HIV/AIDS to Public Health Department
- Public Health Authorities
- To report abuse/neglect of a child or adult DDPRS (APS or CPS)
- If reporting abuse of an adult consumer to APS, the consumer needs to know that a report was made on their behalf
- If reporting child abuse, no information about the parent can be disclosed (if the parent is a consumer) without an authorization or a court order
- To medical or law enforcement personnel if it is determined that there is a probability of physical injury to the client or others or if there is a probability of immediate mental or emotional injury to the client
- For judicial and administrative proceedings - upon receipt of subpoena or court order
- To a correctional facility (jail, prison) where consumer is detained for the purpose of providing treatment
- To coroners and medical examiners on deceased individuals for the purpose of identifying the person or determining cause of death
- In emergency situations when information is NECESSARY for treatment
- For national security and intelligence activities - to FBI or CIA
- For protective services for the president/others – to Secret Service when threats have been made to the president
- Information on special needs offenders may be released to the parole officer, juvenile probation, and parole office to monitor needs of consumer
Exception to Permitted Disclosures:
We cannot disclose a consumer’s substance abuse diagnosis, etc. without an authorization for treatment purposes or in the following instances:
- TCOOMMI / Department of Corrections
- APS for investigation of abuse/neglect of an adult
- External doctor/hospital for treatment purposes.
Information on consumers with a Substance Abuse Diagnosis CANNOT BE DISCLOSED unless we have a SPECIFIC AUTHORIZATION or in the following instances:
- To medical personnel to meet a medical emergency
- For audits and evaluations
- To TDPRS to report child/adult abuse/neglect
- Upon receipt of a subpoena AND court order.