We understand that, per MHL 33.13, the local mental health authority may inspect patient case records for the purposes of planning for services. How will HIPAA affect this?
NYS Mental Hygiene Law permits the disclosure of information about patients to the Director of Community Services (DCS) , provided that the information is requested and used in the exercise of the DCS’ statutory authority pursuant to Sections 9.37, 9.45, or 41.13 of the Mental Hygiene Law. There is an express provision of the HIPAA privacy regulations which should permit this type of disclosure to continue, without requiring patient r authorization. A covered entity is permitted to disclose protected health information (PHI) to a “health oversight agency” for oversight activities authorized by law.(45 CFR ยง164.512(d)). The definition of “health oversight agency” includes an agency or authority of the United States, a State, a territory, a political subdivision of a State or territory, or an Indian tribe, or a person or entity acting under a grant of authority from or contract with such public agency….that is authorized by law to oversee the health care system (whether public or priva
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