Where are your mental health records?

Think only your therapist sees your mental health records? Think again. Your mental health records may be shared with your health insurance company, and even with a state agency that oversees your insurer. In New Jersey, state agencies and health insurance companies require psychiatrists and therapists to turn over confidential mental health records for patients in order to authorize payment for care.

Upset by this practice, the New Jersey Psychological Association (NJPA) has filed suit against the state’s Health Benefits Commission, Horizon Healthcare Services and Magellan Health Services.

It is seeking a declaratory judgment that the practice violates state law. The law provides broad privacy protection for patients’ medical and mental health records. Federal law stipulates that psychologists may only provide the minimum patient information necessary to make coverage, benefit and payment determinations.

Psychologists Upset at “Violation of the Patient’s Right to Privacy”

Given those protective laws, you may expect that no one but you and your doctor/therapist sees your records. That’s the kind of privacy the NJPA, a professional association of over 2,100 psychologists treating hundreds of thousands of patients in New Jersey, wants your medical records to have.

“People who seek mental health services trust that their personal information will be held in strict confidence,” said Lisa Jacobs, Ph.D., president of NJPA. “Any violation of the patient’s right to privacy by the insurance industry or a government agency can have a devastating impact on the mental and physical health of the patient, and can deter people from getting the help they need.”

To learn more about how privacy concerns create roadblocks to mental health services, and to voice your opinion on the subject, visit NJPA’s new Web site, SpeakYourMindNJ.org.

No matter where you live, your mental health records may not be as private as you think. Ask your mental health professionals exactly who has access to these records and what you can do control privacy.