[PC-BH-Integration] Privacy, HIPAA and information sharing

[Frank Sepetauc]

Our county in Ohio recently spent a good amount of resources and time
brining in a national consultant: Professor John Petrila, J.D., from the
University of South Florida's Department of Mental Health Law & Policy.
While I do not recall all of his credentials, I do know that he had
significant work in molding the HIPAA laws on a national level. While his
feedback is a bit too lengthy to try and capture, there are several issues
which he did clarify. The issue is not so much medical to psychiatric
exchanges, but the many different interpretations of HIPAA itself in
relation to exchanging "medical" information.

  a.. First, HIPAA was developed to facilitate communication between
providers rather than hinder this communication. In fact the title of his
presentation was "Hiding behind HIPAA".
  b.. Second, Mental health is, needlessly, far more concerned with HIPAA
than are medical service providers, that is to say, non-psychiatric.
  c.. Third, the only exception to most of HIPAA laws have to do with the
delivery of those that PRIMARILY deliver drug and alcohol services where
different rules do apply. This is not to be confused with mental health
centers who happen to provide drug and alcohol services to individuals with
a primary diagnosis of a mental health disorder.
  d.. Lastly, the biggest concern he has seen across the country is that
while HIPAA is in many ways encouraging communication, providers choose not
to communicate based upon their own, internal interpretations of what HIPAA
allows.



Frank Sepetauc; PCC-S, CRC
Community Support Services Inc.
Vice President of Rehabilitation Services
Phone: 330 253-9675
Fax: 330 253-0377

  -----Original Message-----
  From: pc-bh-integration-bounces at lists101.his.com
[mailto:pc-bh-integration-bounces at lists101.his.com]On Behalf Of Neil Korsen
  Sent: Monday, January 10, 2011 11:15 AM
  To: pc-bh-integration at lists101.his.com
  Subject: [PC-BH-Integration] Privacy, HIPAA and information sharing


  Hi - there are several state level efforts in Maine to address issues of
privacy and information sharing related to mental health integration. We are
looking for others who have been down this path and might be a bit ahead of
us in figuring some of these issues out. It is my sense that, if certain
rules are followed and patients are informed, in general we will be able to
share and document information in ways that facilitate integration. We are
anxious to learn from others. Please either reply to the list, or contact me
separately if you prefer. Thanks, Neil

  Neil Korsen, MD
  Medical Director, Mental Health Integration Program
  MaineHealth
  110 Free St.
  Portland, ME 04101
  207-662-6881 (phone)
  korsen at mainehealth.org


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