Notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual’s medical record. Psychotherapy notes exclude medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date.

The regulations at 45 CFR 160 and 164, which detail the requirements for complying with the standards for privacy under the administrative simplification provisions of HIPAA.

A review board that is responsible for approving HIPAA waivers of authorization.

FAQs Archive

Q: If I am unconscious or not around, can my health care provider still share or discuss my health information with my family, friends, or others involved in my care or payment for my care?

Yes. If you are not around or cannot give permission, your health care provider may share or discuss your health information with family, friends, or others involved in your care or payment for your care if he or she believes, in his or her professional judgment, that it is in your best interest. When someone other than a friend or family member is asking about you, your health care provider must be reasonably sure that you asked the person to be involved in your care or payment for your care. Your health care provider may share your information face to face, over the phone, or in writing, but may only share the information that the family member, friend, or other person needs to know about your care or payment for your care. Here are some examples: A surgeon who did emergency surgery on you may tell your spouse about your condition, either in person or by phone, while you are unconscious. A pharmacist may give your prescription to a friend you send to pick it up. A doctor may discuss your drugs with your caregiver who calls your doctor with a question about the right dosage. BUT: A nurse may not tell your friend about a past medical problem that is unrelated to your current condition.

Q: If I do not object, can my health care provider share or discuss my health information with my family, friends, or others involved in my care or payment for my care?

Yes. As long as you do not object, your health care provider is allowed to share or discuss your health information with your family, friends, or others involved in your care or payment for your care. Your provider may ask your permission, may tell you he or she plans to discuss the information and give you an opportunity to object, or may decide, using his or her professional judgment, that you do not object. In any of these cases, your health care provider may discuss only the information that the person involved needs to know about your care or payment for your care. Here are some examples: An emergency room doctor may discuss your treatment in front of your friend when you ask that your friend come into the treatment room. Your hospital may discuss your bill with your daughter who is with you at the hospital and has questions about the charges. Your doctor may talk to your sister who is driving you home from the hospital about your keeping your foot raised during the ride home. Your doctor may discuss the drugs you need to take with your health aide who has come with you to your appointment. Your nurse may tell you that he or she is going to tell your brother how you are doing, and then your nurse may discuss your health status with your brother if you did not say that he or she should not. BUT: Your nurse may not discuss your condition with your brother if you tell your nurse not to.