Does HIPAA Prevent the Disclosure of Medical Records and Mental Health Records? | Learn About Law

Kevin O'Flaherty explains that HIPAA (Health Insurance Portability and Accountability Act of 1996) prevents medical providers from disclosing patient information without consent. This applies to all medical records and individually identifiable health information, which includes past, present, or future physical or mental health conditions.

HIPAA permits disclosure of medical and mental health records pursuant to court or administrative orders, subpoenas, or other legal processes. In litigation, access to health information requires a court order or subpoena. If a patient objects to disclosure, the court balances the patient's right to privacy against the material importance of the information to the case.

In child custody cases, the physical and mental health of both parents is often considered material to determining custody. If the information is relevant to the child's best interests, a judge will typically order its disclosure. HIPAA serves as a baseline for privacy, but if the relevance to a case outweighs privacy rights, courts can compel disclosure via subpoena or court order.

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