Psychotherapy notes and substance use treatment
Psychotherapy notes and records related to substance use treatment may be part of your PHI. These portions of your health record require separate written consent that explicitly states the types of records to be released or communication that can take place, the purpose of the release, the expiration date, and the person, agency, or entity the records are to be released to.
Mandated reporting
Under certain state law, persons in designated professional occupations are mandated to report suspected child abuse or neglect of vulnerable adults. These persons may be required by law to report to authorities if they know or have reason to believe a person is being abused or neglected, and this may be done without your consent. Behavioral health personnel may be required to break confidentiality and report certain information to the appropriate authorities.
Medical and durable powers of attorney
If you have a health care directive and have appointed a medical power of attorney or durable power of attorney, that person will have the ability to make medical decisions for you and access your PHI, but only if you become incapacitated or incompetent.
Adults who have guardians
If a guardian has been appointed to you through a court order, your guardian has the power to give necessary consent for you to receive care and has full access to your PHI.
Minors
Minors are persons under the age of 18. Parents of certain minor children who are able to consent for treatment on their own do not have access to their minor child's health record, and release of records or PHI requires written consent from the minor child. The only exception is if the treating professional believes that failure to inform the parent or guardian would seriously jeopardize the health of the minor. Minors who are able to consent for treatment on their own include:
- Minors who live apart from their parents or legal guardians and manage their own financial affairs.
- Minors who are married.
- Minors who are parents to a biological child.
- When the services are to determine the presence of or treat pregnancy and associated conditions.
- When the services are related to venereal diseases, STDs, or STIs.
- For Hepatitis B vaccinations.
- When the services are for the assessment or treatment of alcohol or drug abuse.
- Emergency treatment for medical, dental, or other health services where the risk to the minor's life or health is such that treatment should be given without delay.
Additionally, parents may be deemed not to be personal representatives of their minor child, and therefore have limited or no access to the child's PHI, if the minor is subject to domestic violence, abuse, neglect, or endangerment and notifying the parent may place the minor in further danger.
Questions about this notice, or to request a paper copy: Info@holdingarms.com · (612) 000-0000