HIPAA Privacy Rule - Psychotherapy Notes

A covered entity must obtain an individual's authorization to use or disclose psychotherapy notes with the following exceptions:

• The covered entity who originated the notes may use them for treatment.
• A covered entity may use or disclose, without an individual’s authorization, the psychotherapy notes, for its own training, and to defend itself in legal proceedings brought by the individual, for HHS to investigate or determine the covered entity’s compliance with the Privacy Rules, to avert a serious and imminent threat to public health or safety, to a health oversight agency for lawful oversight of the originator of the psychotherapy notes, for the lawful activities of a coroner or medical examiner or as required by law.