new client who is attorney raised concern about the SP disclosure form

What do others think about this default template for disclosure on confidentiality. It raised concerns for a client and now that I read it - I can understand.

Federal privacy rules (regulations) allow health care providers who have direct treatment relationship with the patient/client to use or disclose the patient/client’s personal health information without the patient’s written authorization, to carry out the health care provider’s own treatment, payment or health care operations. I may also disclose your protected health information for the treatment activities of any health care provider. This too can be done without your written authorization. For example, if a clinician were to consult with another licensed health care provider about your condition, we would be permitted to use and disclose your person health information, which is otherwise confidential, in order to assist the clinician in diagnosis and treatment of your mental health condition.

Gillian

May 29, 2019 17:55

Hi Fran, while we strive to make sure that all of our documents are solid and our legal team has gone over them, we are not legal entities and as such you would want to check with the regulatory bodies in your state for your specific practice needs.

Tammy Cover

October 05, 2019 20:47

I wouldn't use a form that stated that. It is a violation of HIPAA to release PHI even to another healthcare provider without the client/patient consent. If you need to talk to a supervisor or consultant regarding a client simply don't use PHI (https://cphs.berkeley.edu/hipaa/hipaa18.html), When I was under supervision and when I am doing EMDR consultation we say things like "female, single, age 30". If the referring physician wants updates have the client sign a release.

new client who is attorney raised concern about the SP disclosure form

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