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Psychiatric Practice & Managed CareFull Access

What Can You Release?

Published Online:https://doi.org/10.1176/pn.39.18.0390013a

Under the Health Insurance Portability and Accountability Act (HIPAA), psychotherapy notes that are kept separate from the rest of the patient's medical record are held to a higher level of confidentiality and cannot be released to insurers, including Medicare, without written patient authorization.

Psychotherapy notes are defined by law as not including the following information (which are considered to be part of the patient's medical record):

Medication prescription and monitoring

Counseling session start and stop times

Modalities and frequencies of the treatment furnished

Results of clinical tests

Any summary of the following items:

Diagnosis

Functional status

Treatment plan

Symptoms

Prognosis and progress to date

These bulleted items can be released without a separate written authorization from the patient.