Information Sharing in Criminal Justice-Mental Health Collaborations: Working with HIPAA and Other Privacy Laws

Guide: Information Sharing in Criminal Justice-Mental Health Collaborations: Working with HIPAA and Other Privacy Laws (pdf)

Authors:

John Petrila, J.D., L.L.M.
Department of  Mental Health Law & Policy
College of  Behavioral and Community Sciences
University of  South Florida
Hallie Fader-Towe, J.D.
Council of  State Governments Justice Center

Hallie Fader-Towe, J.D.
Council of  State Governments Justice Center

Source:  U.S. Department of Justice, Bureau of Justice Assistance

About this Guide

This guide is organized into two parts. The ?rst part focuses on each type of practitioner likely to be involved in criminal justice-mental health collaborations: behavioral health care, law enforcement, courts, jail and prison, and probation and parole. For each type of practitioner, there is a discussion of whether the involved
individuals are considered a “covered entity” under HIPAA or are associated with a “program” regulated by 42 CFR Part 2. There is then a discussion of the circumstances under which an entity can provide PHI and when it can receive it. Each section concludes with several scenario-based frequently asked questions (FAQs) for practitioners. There are additional sections that provide an overview of other types of entities that request or provide information (“business associates” and “quali?ed service organizations”) and a review of an individual’s right of access to his or her own health information.

The second part of the guide, “Working with Privacy Laws,” provides practical advice on the enforcement of HIPAA and 42 CFR Part 2. The Information-Sharing Tools section then discusses what mechanisms different programs have used to build successful relationships to exchange information. It also includes several program examples of how jurisdictions around the country have managed to share information while maintaining ?delity to the applicable legal framework. The guide concludes with a glossary of terms frequently used in discussing information sharing.

About the author: Dissent

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