Over one-third of states appear to have more stringent medical privacy laws than HIPAA (federal), which could hinder primary care and mental health providers' efforts to share information and integrate care.
ResearchPosted on rand.org Jul 19, 2017Published in:The Journal of Behavioral Health Services & Research, Volume 43, Issue 2 (April 2016), pages 319-329. doi:10.1007/s11414-015-9458-7
Provider and payer groups have endorsed the goal of improving the integration of primary care and behavioral health across a variety of programs and settings. There is an interest in sharing patients' medical information, a goal that is permissible within Health Insurance Portability and Accountability Act of 1996 (HIPAA), but there are concerns about more restrictive state medical privacy laws. This article assesses whether a substantial number of state medical privacy laws are, or could be interpreted to be, more restrictive than HIPAA. Preliminary investigation found that in almost one third of the states (including large-population states such as Florida, Georgia, Massachusetts, New York, and Texas), primary care physicians (PCPs) may have difficulty accessing mental health treatment records without the patient's (or his/her guardian/conservator's) written consent. If a comprehensive legal analysis supports this conclusion, then those advocating integration of behavioral and primary care may need to consider seeking appropriate state legislative solutions.
If a comprehensive legal analysis supports this conclusion, then those advocating integration of behavioral and primary care may need to consider seeking appropriate state legislative solutions.
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