Can psychotherapy notes be disclosed to coroners or medical examiners under HIPAA?
Federal Register / Vol. 65, No. 250 / Thursday, December 28, 2000 / Rules and Regulations Comment: A mental health organization recommended prohibiting health plans and covered health care providers from disclosing psychotherapy notes to coroners or medical examiners. A. Response: In general, we have severely limited disclosures of psychotherapy notes without the individual’s authorization. One case where the information may prove invaluable, but authorization by the individual is impossible and authorization by a surrogate is potentially contraindicated, is in the investigation of the death of the individual. The final rule allows for disclosures to coroners or medical examiners in this limited case.
