State Laws Requiring Authorization To Disclose Mental .
1State Laws Requiring Authorization to Disclose Mental Health Information for Treatment, Payment, or Healthcare OperationsUnder the HIPAA Privacy Rule, disclosures for treatment, payment, and healthcare operations (TPO) do not require patient authorization (45 C.F.R. § 164.512). However, somestates have enacted statutes or regulations that require authorization to disclose mental health information, either from the patient (or their representative in the case of incapacity)or from an authority like a mental health program director. This additional authorization requirement in the case of mental health information is a stronger standard than HIPAAand therefore is not preempted by federal law. In some cases, the additional authorization requirement applies to mental health information disclosed by any provider in the state(shown in blue below), while in other states, the additional authorization requirement applies only to disclosures of mental health information about individuals receiving treatmentthrough a state program (shown in green). For purposes of this analysis, patients receiving treatment or services through a “state program” include treatment providers or serviceswith a specific connection to the state – such as a state psychiatric hospital, a program that provides mental health services to qualifying state residents, or a facility or serviceregulated by a particular part of the state code. Where the state does not impose an additional authorization requirement on mental health information disclosures, the state isshown in white and no law is listed in the table below. Every state defines “mental health information” differently, so the table below also includes the relevant definition to clarifythe scope of the additional authorization requirement that applies in that state. This information is current as of September 2016.HealthInfoLaw.org
Last Updated 9/23/16MH State Law Map 2 – Authorization RequiredStateCitation of Statuteor RegulationAlabamaNoneRequires authorizationfor one or more TPOdisclosures that wouldbe permitted underHIPAA withoutauthorizationNoAlaskaAS § est'sAnn.Cal.Welf. &Inst.Code § 5328YesColoradoC.R.S.A. § 27-65121YesConnecticutConn. Gen. Stat. §§52-146dYesDelawareNoneNoDistrict ofColumbiaD.C. Code §§ 71201.01 et seq.YesAuthorization required by individual orpersonal representative for health careoperations disclosures.FloridaWest's F.S.A. §394.4615YesGeorgiaGa. Code. Ann., §37-3-1661/GaYesAuthorization required by individual orpersonal representative for paymentdisclosures and some health careoperations disclosures.Authorization required by individual orpersonal representative for payment12Narrative Description of State LawDefinition or Scope of Information/Material Covered byApplication of Additional Authorization RequirementThe provision does not address TPOauthorization.Authorization required by individual orpersonal representative for health careoperations disclosures.N/AState does not require additionalauthorization for TPO disclosures.State does not require additionalauthorization for TPO disclosures.Authorization required by individual orpersonal representative for health careoperations disclosures and some treatmentdisclosures.Authorization required by individual orpersonal representative for health careoperations disclosures.Authorization required by individual orpersonal representative for health careoperations disclosures.State does not require additionalauthorization for TPO disclosures.Records and information obtained while screening, evaluating,examining, or treating a person in accordance with Alaska'sprocedures for voluntary or involuntary commitment (AS §47.30.845).N/AN/AInformation and records obtained while providing mentalhealth services, developmental services, or community mentalhealth services in accordance with California's Welfare andInstitutions Code (West's Ann.Cal.Welf. & Inst.Code § 5328).Information and records obtained and prepared whileproviding services governed by Colorado's mental health code(C.R.S.A. § 27-65-121).Communications and records relating to a psychiatrist'sdiagnosis or treatment of a patient (Conn. Gen. Stat. §§ 52146d).N/AMental health information. The District of Columbia definesmental health information as identifiable diagnosis ortreatment information obtained by a mental healthprofessional while serving in a professional capacity (D.C.Code § 7-1201.01).Clinical records. Defined by Florida as medical records,charts, data, and other information regarding a patient'shospitalization or treatment in a facility that provides mentalhealth services (West's F.S.A. § 394.455).Clinical records. Georgia defines clinical records as writtenrecords maintained by facilities and other entities that provideThe link provided will direct user to a general state landing page from which user may search for the statute/regulation using identified citation.HealthInfoLaw.org
Last Updated 9/23/16StateCitation of Statuteor RegulationMH State Law Map 2 – Authorization RequiredRequires authorizationfor one or more TPOdisclosures that wouldbe permitted underHIPAA withoutauthorizationComp. R. & Regs.290-4-6-.053Narrative Description of State LawDefinition or Scope of Information/Material Covered byApplication of Additional Authorization Requirementdisclosures and some health careoperations disclosures.treatment in accordance with Georgia's mental health law thatinclude information about an individual’s hospitalization andtreatment (e.g., medical records, charts, admission data, etc.)(Ga. Code Ann., § 37-3-1).Certificates, applications, records, and reports that directly orindirectly identify an individual and are generated,maintained, or disclosed by providers, health plans, or healthcare clearinghouses in accordance with Hawaii's mental healthstatute (HRS § 334-4).HawaiiHRS § 334-5/Haw.Admin. Rules(HAR) § 11-175-31YesAuthorization required by individual orpersonal representative for paymentdisclosures and some health careoperations disclosures. Authorization byfacility representative required for someTPO disclosures.State does not require additionalauthorization for TPO disclosures.State does not require additionalauthorization for TPO disclosures.Authorization required by individual orpersonal representative for some healthcare operations disclosures.IdahoNoneNoIllinoisNoneNoIndianaIC 16-39-2-6YesIowaI.C.A. § 228.5YesAuthorization required by individual orpersonal representative for some healthcare operations disclosures.KansasK.S.A.§ 59-2979YesAuthorization required by individual orpersonal representative for health careoperations disclosures and paymentdisclosures, as well as for treatmentdisclosures, which may be refused at thediscretion of the facility director forcertain reasons.N/AN/AMental health records maintained by providers of mentalhealth services. The Division of Mental Health and Addiction,the Division of Disability and Rehabilitative Services, or theIndiana State Department of Health will define the content ofthese records by regulation. Mental health records maintainedby private mental health institutions, hospitals, ambulatoryoutpatient surgical centers, abortion clinics, birthing centers,substance abuse services programs, and certain stateinstitutions are not protected by this law (IC 16-39-2-2).Mental health information. Iowa defines mental healthinformation as identifiable information in written, oral, orrecorded form that pertains to an individual's receipt of mentalhealth services (I.C.A. § 228.1).Patient treatment records, court records, and medical recordsmaintained by a district court or treatment facility. Kansasdefines treatment facility as including mental health centers,clinics, a medical facility's psychiatric clinic, a statepsychiatric hospital, or medical professionals licensed toprovide inpatient or outpatient treatment. Patient refers topersons that have or are receiving mental health serviceseither voluntarily or involuntarily. Patient also refers to aperson in the process of being committed for involuntaryHealthInfoLaw.org
Last Updated 9/23/16StateCitation of Statuteor RegulationKentuckyMH State Law Map 2 – Authorization RequiredRequires authorizationfor one or more TPOdisclosures that wouldbe permitted underHIPAA withoutauthorizationNarrative Description of State LawNoState does not require additionalauthorization for TPO disclosures.Authorization required by individual orpersonal representative for health careoperations disclosures and paymentdisclosures. Authorization required byfacility representative for TPO disclosures.LouisianaLa. Admin Code.tit. 48, pt. I, § 507YesMaine14-193 CMR Ch. 1,§ IX/ 14-472 CMRCh. 1, § IX/ 34-BM.R.S.A. § 1207YesAuthorization required by individual orpersonal representative for some healthcare operations disclosures. Authorizationrequired by facility representative forpayment disclosures.MarylandMd. Gen. Health. §4-307YesAuthorization required by health careprovider for some treatment disclosures.Massachusetts104 CMR 27.17/M.G.L.A. 123 § 36YesAuthorization required by individual orpersonal representative for some healthcare operations disclosures.MichiganM.C.L.A. §330.1748YesMinnesotaM.S.A. § 144.293YesAuthorization required by individual orpersonal representative for some healthcare operations disclosures and somepayment disclosures.Authorization required by individual or4Definition or Scope of Information/Material Covered byApplication of Additional Authorization Requirementtreatment (K.S.A. § 59-2979).N/AMedical information maintained by an agency. Louisianadefines medical information as records, documents, reports,and charts created by physicians, public hospital employees,psychiatrists, surgeons, public mental health facilities, andother public health facilities that pertain to an individual'sphysical or mental condition. Agency refers to mental healthfacilities, hospitals, intuitions, and other entities that arehoused with the Department of Health and Human Resourceand that use or maintain medical information (La. AdminCode. tit. 48, pt. I, § 503).Medical records, administrative records, commitment orders,applications, and reports regarding persons that receiveservices from the Department of Behavioral andDevelopmental Services, a Department contractor, or stateinstitution (34-B M.R.S.A. § 1207). Information related to aperson or child's mental health care and treatment (14-193CMR Ch. 1, § IX and 14-472 CMR Ch. 1, § IX).Medical records. Maryland defines medical records asinformation about a patient or recipient's health care that isentered into a record and identifies or can lead to theidentification of a patient. Recipient refers to a person that hasapplied for or is receiving mental health services (MD Code,Health - General, § 4-307).Records maintained by the Department of Mental Healthregarding the admission and treatment of persons admitted tofacilities supervised by the Department (M.G.L.A. 123 §§ 36,36B Ch. 123); "Individual records" maintained by mentalhealth facilities (104 CMR 27.17).Records maintained by the Department of Health and HumanServices, community mental health services, facilities, andcontract providers regarding the provision of mental servicesto individual recipients (M.C.L.A. 330.1700).Health records. Defined by Minnesota as informationHealthInfoLaw.org
Last Updated 9/23/16StateCitation of Statuteor RegulationMH State Law Map 2 – Authorization RequiredRequires authorizationfor one or more TPOdisclosures that wouldbe permitted underHIPAA withoutauthorizationMississippiMiss. Code Ann. §41-21-972YesMissouriMo. Rev. Stat. §630.140YesMontanaNoneNoNebraskaNeb. Rev. Stat. §71-961/ Neb. Rev.Stat. § 38-2136YesNevadaN.R.S. 433A.360YesNew HampshireN.H. Rev. Stat. §135-C:19-aYesNew JerseyN.J.S.A. § 30:424.3/N.J.A.C. §10:37–6.79/N.J.A.C. 10:37G3.5/ N.J.A.C.Yes25Narrative Description of State LawDefinition or Scope of Information/Material Covered byApplication of Additional Authorization Requirementpersonal representative for some TPOdisclosures.regarding and individual's past, current, or future mentalhealth or physical condition, receipt of health care, or paymentfor health care (M.S.A. § 144.291).Records and information regarding the patients of treatmentfacilities and persons receiving mental health treatment fromphysicians, psychologists, social workers, or professionalcounselors (Miss. Code Ann. § 41-21-97).Authorization required by individual orpersonal representative for paymentdisclosures and some health careoperations disclosures. Authorizationrequired by facility representative forsome payment and health care operationspurposes.Authorization required by individual orpersonal representative for some healthcare operations disclosures.State does not require additionalauthorization for TPO disclosures.Authorization required by individual orpersonal representative for TPOdisclosures.Authorization required by individual orpersonal representative for paymentdisclosures and some health careoperations disclosures. Authorizationrequired by facility representative forsome treatment disclosures.Authorization required by individual orpersonal representative for TPOdisclosures.Authorization required by individual orpersonal representative for some TPOdisclosures.Records and information obtained or maintained by residentialfacilities, department of mental health programs, or mentalhealth facilities or programs that civilly detain persons(V.A.M.S. 630.140).N/ARecords regarding persons committed pursuant to Nebraska'sMental Health Commitment Act (Neb. Rev. Stat. § 71-961).Information acquired by a mental health practitioner fromtheir client or patient (Neb. Rev. Stat. § 38-2136).Clinical records regarding persons receiving mental healthservices from a state facility, private institution, or a facilitythat provides community-based or outpatient services (N.R.S.433A.360).Mental health treatment, diagnosis, and admission informationmaintained by state mental health facilities or communityhealth centers (N.H. Rev. Stat. § 135-C:2).Certificates, applications, records, and reports that identify orcould identify a current or former recipient of mental healthservices at a noncorrectional institution (N.J.S.A. § 30:4-24.3)or through a community mental health program (NJAC §10:37-6.79). Patient records maintained by short term careThe link provided will direct user to a general state landing page from which user may search for the statute/regulation using identified citation.HealthInfoLaw.org
Last Updated 9/23/16StateCitation of Statuteor RegulationMH State Law Map 2 – Authorization RequiredRequires authorizationfor one or more TPOdisclosures that wouldbe permitted underHIPAA withoutauthorizationNarrative Description of State Law10:31–12.4New MexicoNM ST § 43-1-19/§32A-6A-24YesAuthorization required by individual orpersonal representative for some healthcare operations disclosures.New YorkMcKinney's MentalHygiene Law §33.13YesNorth CarolinaN.C. Gen. Stat. §122C-51 et seq.YesAuthorization required by individual orpersonal representative for some TPOdisclosures. Authorization byGovernment representative for paymentdisclosures.Authorization required by individual orpersonal representative for some TPOdisclosures.North DakotaNDCC § 23-01.3-01et seq.YesAuthorization required by individual orpersonal representative for some oPennsylvania50 P.S. § 7111/ 55Pa. Code § 5100.32YesState does not require additionalauthorization for TPO disclosures.State does not require additionalauthorization for TPO disclosures.State does not require additionalauthorization for TPO disclosures.Authorization required by individual orpersonal representative for some health6Definition or Scope of Information/Material Covered byApplication of Additional Authorization Requirementfacilities (N.J.A.C. § 10:37G-3.3). Consumer recordsmaintained by screening services; Screening is the process forassessing whether a person meets the requirements for aninvoluntary commitment (NJAC 10:31-12.1).Confidential information about a patient who is receivingmental health or developmental disability services whichwould allow a person familiar with the patient to identify thepatient; Codes, numbers, or other items that would enable aperson to match a patient to the patient's confidentialinformation (NM ST 43-1-19). This information is alsoprotected when it pertains to a patient under the age of 18(NM ST 32A-6A-24).Clinical records. New York defines clinical records asincluding information regarding a patient or client's care,treatment, admission, or legal status (McKinney's MentalHygiene Law § 33.13).Confidential information. North Carolina defines confidentialinformation as information about an individual that is obtainedor generated by a facility in the course of performing afunction of the facility. This definition does not include nonidentifiable information regarding treatment that is used fortraining, treatment, and monitoring purposes or statisticalinformation from reports (N.C. Gen. Stat. § 122C-3).Protected health information. North Dakota defines protectedhealth information as including information about anindividual's past, current, or future mental or physicalcondition (NDCC, 23-01.3-01).N/AN/AN/ADocuments regarding persons receiving mental healthtreatment on a voluntary or involuntary basis (50 PS 7111).HealthInfoLaw.org
Last Updated 9/23/16StateCitation of Statuteor RegulationMH State Law Map 2 – Authorization RequiredRequires authorizationfor one or more TPOdisclosures that wouldbe permitted underHIPAA withoutauthorizationNarrative Description of State LawDefinition or Scope of Information/Material Covered byApplication of Additional Authorization Requirementcare operations purposes.Records of persons receiving mental health services from afacility (55 PA Code 5100.32). Facilities include mentalhealth establishments, hospitals, clinics, institutions, andcommunity mental health centers.Information and records generated while providing servicespursuant to Rhode Island's mental health law, including fact ofadmission or certification (R.I. Gen. Laws 1956, § 40.1-5-26).Records, applications, certificates, and reports that directly orindirectly identify a patient receiving mental health orsubstance abuse treatment and are generated in accordancewith South Carolina's mental health law (S.C. Ann. Code §44-22-100).Medical records of persons receiving mental health services inaccordance with South Dakota's mental health law (SDCL §27A-12-25 et seq.).Rhode IslandR.I. Gen. Laws1956, § 40.1-5-26YesSouth CarolinaS.C. Ann. Code §44-22-100YesSouth DakotaSDCL § 27A-12-25et seq.YesTennesseeT.C.A. §§ 33-3-103et seq.3YesTexasV.T.C.A., Health &Safety Code §611.001 et seq.YesAuthorization required by individual orpersonal representative for some healthcare operations disclosures.UtahU.C.A § 62A-15643/U.C.A. § 62A15-707/U.A.C.R432-10118 V.S.A. § 7103YesAuthorization required by individual orpersonal representative for some TPOdisclosures.YesAuthorization required by individual orpersonal representative for some TPOVermont37Authorization required by individual orpersonal representative for some TPOdisclosures.Authorization required by individual orpersonal representative for some TPOdisclosures.Authorization by facility representativerequired for some TPO disclosures.Authorization by Governmentrepresentative required for some TPOdisclosures.Authorization required by individual orpersonal representative for some TPOdisclosures.Records, applications, reports, and legal documents thatdirectly or indirectly identify a person who received or isreceiving services regulated by Tennessee's mental health law(T. C. A. § 33-3-103).Records maintained by professionals regarding the identity,treatment, or diagnosis of their patient and communicationsbetween professionals and their patients. Texas definesprofessional as including persons lic
Sep 23, 2016 · M.R.S.A. § 1207 Yes Authorization required by individual or personal representative for some health care operations disclosures. Authorization required by facility representative for payment disclosures. Medical records, administrative records, commitment orders,
laws, foreign investment is governed by laws of general application (e.g., company laws, contract laws, environmental protection laws, land-use laws, laws guaranteeing compensation for expropriation of property, etc.), along with sector-specific laws, which govern the admission of new investment in sectors
Jane Doe with authorization code 654321 and authorization level 2 . Joe user with authorization code 999999 and authorization level 1 . Step 2.-Configuring Forced Authorization Codes . Go to the administration page of Cisco Unified Comm unications Manager, select Call Routing TAB, then select Force Authorization Codes as shown in the image s below.
enforcement of other criminal laws, 8such as apostasy laws, anti-conversion laws, incitement to religious hatred laws (also often referred to as "hate speech" laws), anti-extremism laws, and even anti-witchcraft laws. Mob activity, threats, and/or violence around blasphemy allegations occur both at times when the state enforces the law
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State laws regarding distance education vary state-by-state, and even program-by-program within a state. Consequently, compliance with state authorization requirements is an ongoing process. Traditional Courses - Regulations also vary state-by-state with respect to traditional courses that take place outside the state of Michigan .
Forteo (Teriparatide) Clinical Criteria Information Included in this Document Forteo (Teriparatide) Drugs requiring prior authorization: the list of drugs requiring prior authorization for this clinical criteria Prior authorization criteria logic: a description of how the prior
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MOUNT ASPIRING COLLEGE DEPARTMENT OF ENGLISH - FEMINIST LITERARY CRITICISM - PAGE !3 OF !7. WHAT MARXIST CRITICS DO TAKEN FROM BEGINNING THEORY, BY P. BARRY2: 1. They make a division between the ‘overt’ (manifest or surface) and ‘covert’ (latent or hidden) content of a literary work (much as psychoanalytic critics do) and then relate the covert subject matter of the literary work to .
