tci Medicare Compliance & Reimbursement - 2021 Issue Q3

Reader Questions: Know the Privacy Specifics on Psychotherapy Notes

Question: One of our patients is demanding that we release all of his records — including the personal psycho­therapy notes written by our psychologist during each session. We don’t consider this part of the patient’s health record and are reluctant to release the information. Are these notes protected under HIPAA? Maine Subscriber Answer: You’re correct. According to the Department of Health and Human Services (HHS), providers do not have to give patients a copy of their psychotherapy notes. “Contrary to popular belief, HIPAA does not provide special protection to mental health records in general...

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