Release of Information
Federal Stimulus Plan, Act of 2009 Mandates Changes to HIPAA:
Update on April 2, 2009
We, psychotherapists and counselors, are already highly attentive to privacy issues and set high standards in regard to confidentiality
and disclosures. As a result, our existing standards often exceed the minimum standards mandated by HIPAA. It is, however, critically
important to stay abreast of changes in the law requiring increased vigilance in protecting our patients' right to privacy.
The different provisions of the new Federal American Recovery and Reinvestment Act of 2009 have different effective dates. Some provisions
take immediate effect, while others will not go into effect until 2010.
Summary of some of the new Act's provisions relevant to psychotherapists:
Expansion of individual rights: When patients, according to the new law, pay 100% out of pocket, they can direct their therapists
to limit disclosure and specify that information cannot be provided to their health insurer (or others). As psychotherapists we are
already required to obtain clients' disclosure in such situations.
"Minimum necessary" rule: Previously, under HIPAA, the "minimum necessary" rule instructed covered entities
to keep disclosures to the minimum amount necessary to accomplish the intended purpose. Therapists must always keep the "minimum
necessary" rule in mind and reveal only what is truly necessary when communicating (always with clients' permissions) with medicating
psychiatrists, GP's, etc. The new Act intends to tighten up what information may be disclosed.
State attorneys general are now allowed to bring HIPAA enforcement actions.
Release to Obtain and Disclose Information
I/We,_______________, authorize__(agency/therapist's
name)__to obtain and disclose pertinent information from my/our
records to/from:
_____________________________________________________
_____________________________________________________
_____________________________________________________
The purpose of my/our request is:____________________________
I/We authorize the release of information:
_____For one time only (within 90 days).
_____For the duration of my/our counseling (up to one year).
I understand that my records are protected under the Federal Confidentiality Regulations as well as the provisions of HIPAA of 1996 and cannot
be disclosed without my written consent unless otherwise provided for in the regulations. I understand that I may revoke this consent
at any time, provided that action has not been taken in reliance upon this authorization. Without written notice to withdraw this
consent, it expires at the earlier of the listed expiration date or upon release of the information. The nature of this consent form
has been explained to me/us and I/We understand its contents.
I AM AWARE THAT WHEN MY MEDICAL RECORDS REFLECT INFORMATION CONCERNING PSYCHOLOGICAL OR PSYCHIATRIC IMPAIRMENTS, DRUG ABUSE, AND/OR ALCHOHOLISM,
AND/OR INFORMATION REGARDING HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND OTHER INFECTIOUS DISEASES, THAT THIS INFORMATION WILL BE RELEASED
AS PART OF MY MEDICAL RECORD.
Client Signature(s):
___________________________________________________
___________________________________________________
Date: ___________________
Other Signature:________________________________
Relationship to Client(s):__________________________
Signature of Witness:_________________________________________
Signature of Therapist:___________
