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CLAIMS Rx DIRECTORY


RISK MANAGEMENT PUBLICATION

Confidentiality of Behavioral Health Information

December 2019

Physicians often call the NORCAL Group Risk Management Department with questions about how to release behavioral health information to third parties, including family members, friends, and law enforcement. Additionally, many NORCAL Group claims involve the release of behavioral health information without appropriate authorization because physicians or staff did not understand the law, or released information due to carelessness. This article uses case studies based on NORCAL Group closed claims and calls made to the NORCAL Group Risk Management Department to introduce liability risk issues associated with behavioral health information sharing along with strategies and resources to manage risk.

This article includes healthcare ethics content, which may help meet CME credit ethics requirements in some states.

CASE ONE, TWO & THREE
How Breach of Behavioral Health Information Confidentiality Becomes a Lawsuit

SPECIAL FEATURE
Special Confidentiality Considerations

SPECIAL FEATURE
Psychotherapy Notes Versus Protected Health Information
CASE FOUR
Breaching Confidentiality Following a Threat of Harm to a Third Party

CASE FIVE
Breaching Confidentiality When a Patient Threatens Self-Harm
December 2019
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NORCAL Group Insureds
Access this article for CME credit.

Typically each Claims Rx provides an opportunity for NORCAL Group insureds to earn AMA PRA Category 1 Credit™ at no additional cost.

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A featured complimentary Claims Rx is always available on the Claims Rx Directory main page, and all Claims Rx Directory articles with expired CME Credit are available for download.