Resources

Q: What is HIPAA? 

A: The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. The US Department of Health and Human Services (HHS) issued the HIPAA Privacy Rule to implement the requirements of HIPAA. The HIPAA Security Rule protects a subset of information covered by the Privacy Rule.

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The Privacy Rule standards address the use and disclosure of individuals’ health information (known as “protected health information”) by entities subject to the Privacy Rule. These individuals and organizations are called “covered entities.” The Privacy Rule also contains standards for individuals’ rights to understand and control how their health information is used. A major goal of the Privacy Rule is to ensure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public’s health and well-being. The Privacy Rule strikes a balance that permits important uses of information while protecting the privacy of people who seek care and healing.


Q: How do I get a copy of my records? 

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A: Please contact our office to complete a release of information. According to Federal Law you must complete a release of information to send your records to another entity AND to receive your own records.  

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Special note regarding therapy notes and records: 

"Under HIPAA, disclosure of psychotherapy notes requires more than just generalized consent; it requires patient authorization--or specific permission--to release this sensitive information. And, whereas in the past insurance companies have requested entire patient records--including psychotherapy notes--in making coverage decisions, now health plans cannot refuse to provide reimbursement if a patient does not agree to release information covered under the psychotherapy notes provision."

https://www.apa.org/monitor/feb03/hipaa

​**Please allow 2-3 weeks for records to be processed and sent. 
 

Q: My child is 15-17 years old, why can't you give me information about them unless they sign a release of information, they are not an adult yet? 

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A: According to Colorado State Law: 

Colo. Rev. Stat. 27-65-103(2),  Notwithstanding any other provision of law, a minor who is fifteen years of age or older, whether with or without the consent of a parent or legal guardian, may consent to receive mental health services to be rendered by a facility or by a professional person or mental health professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 43 of title 12, C.R.S., in any practice setting. Such consent shall not be subject to disaffirmance because of minority. 

 

This covers youth at 15 years or age and older consenting to medications, as medication services are considered to be mental health services.  

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https://law.justia.com/codes/colorado/2017/title-27/mental-health-and-mental-health-disorders/article-65/section-27-65-103/

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*Many of Strock Medical Group staff members are parents, we understand this is very hard to hear, however, we have to follow the law. 

 

Q: I was with a Strock Medical Group patient in an appointment, why can't you continue discussing the patient with me? Or, "I am the parent of a 15-17 year old and have been present for every visit except this one, why can't you talk to me?" 

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A: Consent for information is implied if the patient is present, however, without a written release of information from the patient on file, after that appointment we cannot even confirm or deny the patient is under our care. 

*For ages 15-17 refer to: Colo. Rev. Stat. 27-65-103(2)

 

References: 

For more detailed information regarding HIPPA please see: 

https://www.hhs.gov/sites/default/files/hipaa-privacy-rule-and-sharing-info-related-to-mental-health.pdf

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https://law.justia.com/codes/colorado/2017/title-27/mental-health-and-mental-health-disorders/article-65/section-27-65-103/