What is the Psychotherapy Note Exemption?
Given the highly personal and sensitive nature of psychotherapy, HIPAA includes a Psychotherapy Note Exemption. Critical information, such as that of process notes, transferential content, and other delicate data can be maintained separately from the PHI. Some data cannot be restricted from the PHI, such as date and times of session, Progress to date, Prognosis, Treatment Plan, and other information; these restrictions are determined not only by HIPAA, but state laws. In order to employ the Psychotherapy Note Exemption, you must maintain a separate and distinct file. Notes 444 accomplishes this by keeping psychotherapy notes in a completely distinct electronic file, the electronic equivalent of two manila folders. You must generate this separate file content at the time of writing your session PHI.
