The American Recovery and Reinvestment Act of 2009 Establishes ONCHIT to Implement Electronic Health Record by 2014. Implementation of Certified Electronic Health Records Under the ARRA of 2009:“Not later than 90 days after the date of the enactment of this title, the HIT Standards Committee shall develop a schedule for the assessment of policy recommendations developed by the HIT Policy Committee under section 3002. The HIT Standards Committee shall update such schedule annually. The Secretary shall publish such schedule in the Federal Register.”
Accounting for Disclosures of PHI in Michigan:HIPAA and The Michigan Mental Health Code both require accounting for disclosures of PHI. Because those rules are not in conflict with each other, a Covered Entity in that is also a Licensed Mental Health Facility or Community Mental Health Authority, or that contracts with the Department of Community Health to provide mental health services in Michigan Must Comply with both Rules.
Psychotherapy Notes to be re-defined - in part - Under the American Recovery and Re-Investment Act of 2009: The Secretary of Health and Human Services is to study the definition of "Psychotherapy Notes" in section 164.501 of title 45, 18 Code of Federal Regulations.The ARRA requires the Secretary study the definition of Psychotherapy Notes "with regard to including test data that is related to direct responses, scores, items, forms, protocols, manuals, or other materials that are part of a mental health evaluation, as determined by the mental health professional providing treatment or evaluation in such definitions and may, based on such study, issue regulations to revise such definition." This would expand the use of the Psychotherapist Notes “privilege” beyond the current definition: "Recorded by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session."
When does HIPAA apply?The Chart in the link below provides a sample of how we examine certain record disclosure issues for use and/or disclosure of mental health records or information.
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