hipaa privacy rule of data security on mental health care

As providers work to maintain HIPAA compliance, mental health data security considerations remain paramount.

Mental healthcare is becoming an increasingly critical national issue. Covered entities and business associates that specialize in mental health are required to adhere to HIPAA regulations for maintaining, transferring, or sharing mental health data.

Without proper mental health data security, organizations could suffer a data breach and put sensitive information at risk.

How does mental health data security differ from regular PHI security? Are providers able to share information with family members and caregivers? What information are providers permitted to disclose to law enforcement, and for which situations is this allowed?

Current HIPAA regulations dictate that covered entities and their business associates must remain compliant when it comes to mental health records. Certain legislation making its way through the federal government could also potentially affect how organizations maintain HIPAA compliance and patient data security.

Organizations need to ensure that they understand all federal and state regulations when addressing mental health data security.

HIPAA regulations on mental health records

The HIPAA Privacy Rule requires that healthcare organizations maintain the privacy and security of mental health information. As with other types of PHI, the Privacy Rule also notes that there are certain circumstances where sensitive data “may need to be shared to ensure the patient receives the best treatment and for other important purposes, such as for the health and safety of the patient or others.”

“The Rule is carefully balanced to allow uses and disclosures of information—including mental health information—for treatment and these other purposes with appropriate protections."

For example, healthcare providers are allowed to communicate with a patient’s family, friends, or other individual involved in the patient’s care.

“The provider may ask the patient’s permission to share relevant information with family members or others, may tell the patient he or she plans to discuss the information and give them an opportunity to agree or object, or may infer from the circumstances, using professional judgment, that the patient does not object,” HHS explains.

HIPAA also allows healthcare providers to communicate to numerous parties concerning a patient’s care. These parties can include but are not limited to family members when a patient is an adult, parents of a minor patient, as well as family members, law enforcement, or others when the patient presents a serious and imminent threat of harm to self or others.

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