Over one-third of states appear to have more stringent medical privacy laws than HIPAA (federal), which could hinder primary care and mental health providers' efforts to share information and integrate care.
Possible Legal Barriers for PCP Access to Mental Health Treatment Records
Published in:The Journal of Behavioral Health Services & Research, Volume 43, Issue 2 (April 2016), pages 319-329. doi:10.1007/s11414-015-9458-7
Posted on RAND.org on July 19, 2017
Research Question
- Could a substantial number of state medical privacy laws be—or be interpreted to be—more restrictive than the (federal) Health Insurance Portability and Accountability Act of 1996 (HIPAA)?
Provider and payer groups have endorsed the goal of improving the integration of primary care and behavioral health across a variety of programs and settings. There is an interest in sharing patients' medical information, a goal that is permissible within HIPAA, but there are concerns about more restrictive state medical privacy laws. This article assesses whether a substantial number of state medical privacy laws are, or could be interpreted to be, more restrictive than HIPAA. Preliminary investigation found that in almost one third of the states (including large-population states such as Florida, Georgia, Massachusetts, New York, and Texas), primary care physicians (PCPs) may have difficulty accessing mental health treatment records without the patient's (or his/her guardian/conservator's) written consent. If a comprehensive legal analysis supports this conclusion, then those advocating integration of behavioral and primary care may need to consider seeking appropriate state legislative solutions.
Key Finding
- Preliminary investigation found that, in almost one-third of the states (including large-population states such as Florida, Georgia, Massachusetts, New York, and Texas), primary care physicians (PCPs) may have difficulty accessing mental health treatment records without the patient’s (or his/her guardian/conservator's) written consent.
Recommendation
If a comprehensive legal analysis supports this conclusion, then those advocating integration of behavioral and primary care may need to consider seeking appropriate state legislative solutions.
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