Thus, the new rules will assist families to obtain information they need to provide care, such as information about diagnosis, treatment plan, medications, side effects, prognosis, and community resources. While the rules require law enforcement officials requesting records to obtain a subpoena or warrant, NAMI and many other advocacy organizations had pushed strongly for requiring an order from a judge as a condition for allowing law enforcement officials to have access to private medical information. Subpoenas and warrants may be obtained without review by a judge. Health plans and providers must provide written notice of the medical privacy rights of consumers. Consumers must be made aware of their rights with respect to the right to inspect and copy medical records and the need for authorization before any medical information can be released.
States are also free to pass stronger legislation.
This provision is important for states that already have in place strict medical privacy laws in effect for persons with mental illness and other medical conditions. Now you may join the NAMI E-News Alert Listing and have all of the latest mental health updates delivered to your email account.