I work for a non-profit, peer-run agency. Am I allowed to discuss and disclose pertinent consumer information to fellow staff?
First, you must determine what laws or requirements about the sharing of confidential mental health information govern the operation of your particular agency. If you meet the definition of a “covered entity” under HIPAA (for example, you provide health care services and engage in at least one of the standard electronic transactions, such as billing Medicaid), then you will be bound by the HIPAA privacy and security regulations (45 CFR Parts 160, 164). If you have a “Business Associate Agreement” with another covered entity, even if you are not a covered entity yourself, then you will be bound by the HIPAA privacy and security regulations. If you are licensed by the NYS Office of Mental Health, then you are bound by the provisions of NYS Mental Hygiene Law Section 33.13. If you are neither of these, then you may be bound by terms of a contract (if you receive funding from the county local mental hygiene department or OMH). So first, it is important to determine what laws or requirement
(July 2003) A: First, you must determine what laws or requirements about the sharing of confidential mental health information govern the operation of your particular agency. If you meet the definition of a “covered entity” under HIPAA (for example, you provide health care services and engage in at least one of the standard electronic transactions, such as billing Medicaid), then you will be bound by the HIPAA privacy and security regulations (45 CFR Parts 160, 164). If you have a “Business Associate Agreement” with another covered entity, even if you are not a covered entity yourself, then you will be bound by the HIPAA privacy and security regulations. If you are licensed by the NYS Office of Mental Health, then you are bound by the provisions of NYS Mental Hygiene Law Section 33.13. If you are neither of these, then you may be bound by terms of a contract (if you receive funding from the county local mental hygiene department or OMH). So first, it is important to determine what laws
