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Medical Records Mental Health

Hendershot Cowart P.C.

Stricter Than HIPAA: Is Your Substance Abuse Or Mental Health Program In Compliance With 42 CFR Part 2? - UPDATED May 2024

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To protect patients seeking addiction treatment, the federal government passed strict regulations limiting the disclosure of substance abuse patient records. Substance abuse treatment programs must not only comply with the...more

Awatif Mohammad Shoqi Advocates & Legal...

New Mental Health Law in the UAE: A Comprehensive Overview

Introduction- The UAE has recently taken a groundbreaking step in mental health care with the implementation of Federal Law No. 10/2023 on Mental Health. The Mental Health Law prioritizes the rights of individuals...more

Jaburg Wilk

Unrestricted Use of Medical Records in Arizona Divorces and Parenting Time Cases Has Changed

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For many years, the question of whether medical records could be used in an Arizona divorce case was settled – so long as the issues of parenting time and legal decision-making were in dispute, all medical records relevant to...more

Nelson Mullins Riley & Scarborough LLP

Proposed Changes to Confidentiality of Substance Use Disorder Patient Records Rules Would Support Better Care, Decrease Stigma,...

Amid the ongoing proliferation of headlines about the mental health crisis in the United States, of which substance use disorder is a large part, the recent issuance by the U.S. Department of Health and Human Services (HHS)...more

J.S. Held

How Mental Illness Can Affect Post-Date of Loss Physical Health and Recovery

J.S. Held on

Pre-Date of Loss anxiety or mental illness can have a profound impact on post-accident or injury recovery. In fact, long-term anxiety, depression, and other mental health issues can play a significant role in how an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Employers - Get Ready for a Wave of New Laws

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Manatt, Phelps & Phillips, LLP

When California Minors Need Mental Health Treatment, Who Can Consent, and to What?

Increasing mental health care needs for minors present a range of legal issues for children, parents, health care providers and health care payors. While state laws typically govern who has the power to consent to or refuse...more

White and Williams LLP

The Superior Court of Pennsylvania Clarifies the Discoverability of Mental Health Records in Personal Injury Lawsuits

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In two recently released opinions, the Superior Court of Pennsylvania held that a personal injury lawsuit including related allegations of emotional harm, in and of itself, is insufficient to waive the statutory...more

Fox Rothschild LLP

A Custody Case Is Not A Place To Get Records From Proceedings Under The Mental Health Procedures Act [MHPA]

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On May 26, the Superior Court issued an en banc ruling addressing whether a Court can order a child custody litigant to turn over records of her treatment compiled in the context of a MHPA proceeding. The unanimous decision...more

Rivkin Radler LLP

SAMHSA Updates Part 2 Rules

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On July 13, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced the adoption of revised Confidentiality of Substance Use Disorder Patient Records regulations in an effort to improve care...more

Holland & Hart - Health Law Blog

HIPAA, Psychotherapy Notes, and Other Mental Health Records

The HIPAA privacy rules give special protection to “psychotherapy notes,” but providers often misunderstand what are and are not covered and how they differ from other mental health records. I. “Psychotherapy Notes”...more

K&L Gates LLP

K&L Gates Triage: Modernizing Confidentiality Rules for Substance Use Disorder Records (Again): 2019 Proposed Changes to 42 CFR...

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This week’s episode is the second in an ongoing series focusing on recent efforts by the Substance Abuse and Mental Health Services Administration (SAMHSA) to update 42 C.F.R. Part 2 (Part 2) regulations related to the...more

K&L Gates LLP

K&L Gates Triage: The Opioid Epidemic & the Confidentiality of Substance Use Disorder Records: an Update on 42 CFR Part 2 - Part 1...

K&L Gates LLP on

This episode is the first in a series focusing on recent efforts by the Substance Abuse and Mental Health Services Administration (SAMHSA) to update 42 C.F.R. Part 2 (Part 2) regulations related to the confidentiality of...more

Ruder Ware

HIPAA this, HIPAA that. Everything is a HIPAA issue. Deconstructing the "HIPAA Bias."

Ruder Ware on

HIPAA, as a body of regulations protecting the confidentiality of patient health care information, has been branded very effectively. Most staff at your average health care facility know about HIPAA and that it protects the...more

Foley & Lardner LLP

Austin's Blockchain For The Homeless Faces Challenges

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Homeless and transitory populations across the country face numerous challenges attempting to find health care, mental health resources and other government services. As a population without access to stable residences,...more

Robinson+Cole Data Privacy + Security Insider

SAMHSA and ONC Issue Fact Sheets on Confidentiality of Substance Use Disorder Information

In response to the opioid crisis, the Substance Abuse and Mental Health Services Administration (SAMHSA) in collaboration with the Office of the National Coordinator (ONC) recently issued two fact sheets to provide clarity on...more

Foley & Lardner LLP

SAMHSA Finalizes Second Round of Changes to Federal Substance Use Disorder Privacy Rule

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New federal regulations published on January 3, 2018, clarify when lawful holders of substance-use disorder records may use and disclose patient identifying information for payment, health care operations, and audits and...more

Epstein Becker & Green

SAMHSA Finalizes Additional Changes to the Confidentiality of Substance Use Disorder Patient Records Regulations

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On January 3, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published a final rule (“Final Rule”) to further update the Confidentiality of Substance Use Disorder Patient Records regulations...more

Troutman Pepper

Final Rule Clarifies When Substance Abuse Programs Can Disclose Patient Information

Troutman Pepper on

A final rule from the Substance Abuse and Mental Health Services Administration establishes requirements for the exchange of patient information between substance abuse treatment programs and their agents and contractors. ...more

Bricker Graydon LLP

Further modernizations to rules on confidentiality of substance use disorder patient records on the way

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On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a Final Rule which results in changes to the federal regulations governing substance use disorder patient records, or so-called...more

Sands Anderson PC

When is a child not a child for the purpose of access to health records?

Sands Anderson PC on

Healthcare providers are accustomed to adult involvement in the medical care of most “unemancipated” minors – minors who are not legally independent from their parents. Access to the minor’s records and/or medical information...more

Foley & Lardner LLP

Eight Things to Know About the New Federal Substance Use Disorder Privacy Rule

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A final rule published on January 18 implements the first major revisions to the federal regulations governing the confidentiality of substance-use disorder patient records (Part 2) since 1987. It finalizes a proposal from...more

Obermayer Rebmann Maxwell & Hippel LLP

Protected Health Information: Providers Must Proceed with Caution

Medical records are a powerful weapon in the courtroom. They may reveal the extent of an individual’s injury in a personal injury case or substantiate the severity of an individual’s mental illness when that mental illness is...more

Obermayer Rebmann Maxwell & Hippel LLP

Ask the Health Law Gurus™: Can a Prison Forcibly Medicate an Inmate with a Psychotropic Drug against the Inmate’s Will?

Question: Can a Pennsylvania prison forcibly administer a psychotropic medication to an inmate against the inmate’s will? Answer: In Pennsylvania, a prison’s ability to forcibly medicate an inmate with a psychotropic...more

Robinson+Cole Data Privacy + Security Insider

Mental health center hacked

Not-for-profit mental health center Emergence Health Network, located in El Paso, Texas, has announced that its computer servers were compromised “through an unauthorized internet connection” from as far back as 2012....more

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