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Mental Health Record Compliance


Find out how to stay HIPAA compliant and better understand the laws governing the use and release of mental health records.

Mental health providers are subject to many restrictions on how they can deal with patient records. As a health care provider, you are generally subject to the HIPAA medical record privacy and security requirements. To the extent you deal with substance abuse diagnosis and treatment, you are also subject to additional federal confidentiality restrictions, particularly part 2 of 42 CFR. You also deal with some specific types of records that are subject to specific requirements under state and federal law. And unlike most nonmental health providers, your patients are often unable to directly deal with their own medical decision making. This topic will discuss the various general medical record restrictions you face, as well as the specific issues that arise in the mental health field. The material will include some forms that may be useful in meeting HIPAA obligations and patient needs.



Jeffery P. Drummond

Jeffery P. Drummond

Jackson Walker L.L.P.

  • Partner in the healthcare section of Jackson Walker L.L.P.
  • Represents hospitals, physicians and physician groups, other healthcare providers, and healthcare technology companies
  • Regularly advises clients regarding compliance with healthcare, pharmaceutical, and tax exemption laws and regulations, including the federal Stark Law and Anti-Kickback Statute
  • Frequent speaker on medical record privacy and security issues, HIPAA, and cybersecurity
  • Maintains a blog on HIPAA and other medical records matters at
  • Adjunct professor of health law, Naveen Jindal School of Management at The University of Texas at Dallas
  • J.D. degree, The University of Texas; B.A. degree, University of Dallas
  • Can be contacted at [email protected] or 214-953-6000

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