Behavioral Health Privacy Policies

Behavioral Health Addendum

(10/2017)

This addendum describes how information regarding your behavioral health treatment must be used and disclosed. Please review it carefully.

Practitioners duty to warn

If a consumer voices a threat against an individual or group the individual or person responsible for the group must be notified. The police must be notified if the intended victim cannot be contacted.

10:37-6.79(b) 1-4

Consumer records must also be disclosed to the following persons, upon presentation of appropriate credentials, under these circumstances: [N.J.A.C.10:37-6.79(b) 1-4)]

1. Employees of the agency must disclose information that is relevant to a consumer’s current treatment to the staff of another such agency, so long as such disclosure is in compliance with Health Insurance Portability and Accountability Act 45 CFR Parts 160 and 164;

2. Clinical records audit teams, monitoring and site review staff designated by the Department, the Office of Legislative Services, the New Jersey Department of Health and Senior Services, and the Center of Medicaid and & Medicare Services;

3. A person participating in a Professional Standards Review Organization; and

4. Officials within the offices of the State Medical Examiner or a County Medical Examiner making investigations and conducting autopsies, pursuant to N.J.S.A 52:17B- 78 et seq.

10:37-6.79(a)3

To carry out any of the provisions of Title 30 or Article 9 of Chapter 82 of Title 2A of the New Jersey Statutes (N.J.S.A2. A:82-41), or as required by other Federal or State law.

10:37-6.79(e)

Nothing in this section shall preclude disclosure, upon proper inquiry and after the consumer has had the opportunity to object and does not express an objection, of information as to a consumer’s current medical condition to any relative or friend. In partial care and PACT programs, all information must be released to a family member or close personal friend involved in treatment planning for. (10:37F-2.4 (b)4 and 10:37J-2.6(b)6

10:37-6.79(a)1-3

(a) The minor’s parent or legal guardian must authorize the disclosure of the minor’s records, provided that the minor shall be given prior notice and an opportunity to object to the disclosure.

NJSA 30:4-24.3, which permits professional staff of a community agency to disclose information that is relevant to a patient’s current treatment to professional staff of a screening service, short-term care facility (STCF), or psychiatric facility