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intermediateHIPAAconfidentialitypsychiatric emergencydisclosure exceptionsminimum necessary standard
A PMHNP receives a phone call from her patient's spouse, who reports that the patient, a 45-year-old man with bipolar I disorder, stopped taking lithium two weeks ago, hasn't slept in days, has been making large purchases, and is now threatening to drive across the country. The PMHNP has no signed release of information on file for the spouse. Which of the following best guides the PMHNP's response?
Explanation
The clinically essential principle of HIPAA is understanding the exceptions, not just the rule. The serious and imminent threat exception is the most relevant in psychiatric practice. A clinician can always listen and receive information, and may disclose the minimum necessary to prevent serious harm.
Key Takeaway
HIPAA permits disclosure of the minimum necessary information to prevent or lessen a serious and imminent threat to health or safety. This exception applies in all settings, not just hospitals.