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Co-Psych.com |
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Corvallis Psych' Clinic |
James Phelps, M.D. |
Confidentiality of Psychiatric
Records
(Updated 2/2007)
In general, your medical records of any kind may not be shown to others except with your written permission, on a "release of information" form. However, insurance companies may request your records when they're paying for services. I routinely try to send a minimal amount of information in response to these requests.
If I am billing your insurance company, information restricted to the date of your visit, a diagnosis code, and a billing code (20 minute visit, 50 minute or initial evaluation) is sent tot hem. As of February 2007, this may involve an intermediary billing service which is not located in Corvallis (it appears to be in California), an electronic clearinghouse which formats the billing before it is sent to your insurance. I am using this clearinghouse at the request of several of the insurance companies that I bill.
But your spouse, your child, your parent, your brother -- they're not supposed to be able to get information about your medical care without your permission. The rules on this, for general medical care, got tighter recently with the federal program you may have heard of as "HIPPA" (technically, that's HIPAA: the Health Insurance Portability and Accountability Act of 1996). But they've been tight for mental health for quite a while, so HIPAA didn't change things much for psychiatry.
Even law-enforcement agencies, and local/state/federal governments are not supposed to be able to get at your psychiatric records without considering whether this is critically necessary. If a court issues a demand for your records (subpoena), you will be contacted and given the opportunity to object, which could be taken up in court.
If you bring up your mental health issues as a legal defense of some kind, then your entire mental health record usually becomes public in that process.
Because of these exceptions, the absolute privacy of your record cannot be guaranteed. Pretty close, but not guaranteed. There are no other exceptions, to the best of my knowledge. According to HIPAA, you are supposed to be able to ask for further restrictions, but in the case of this clinic, there are no further restrictions you could apply (this applies more to hospitals and insurance companies, where you could request that your information be further restricted than their usual policies).
So, before any information from your chart at Co-Psych is released to another person or group, you will be asked to sign a "release of information" authorizing that transfer of information. This can be a bit frustrating at times, such as when you want the information to go out but are not immediately available to authorize it. If that happens, please try to remember that this system is set up to protect you.
Here is my official HIPAA notice. Please read it. I have tried hard to make it understandable. It reviews the information above.