By Barry Landau, MD and Elizabeth Hersh, M.D.
A new regulation from the District of Columbia Insurance Commission clarifies the patient confidentiality protection that exists in the District of Columbia . The regulation results from a cooperative effort between the Medical Directors of Health Insurance Companies, mental health practitioners and the Insurance Commissioner, with Washington psychiatric Society playing a major role.
The essentials of the regulation are contained on the form, entitled “Release of Mental Health Information for Outpatient Mental Health Treatment.”(WPSNews July/August 2006) The form was developed to be in compliance with the District of Columbia Mental Health Information Act of 1978, the drafting of which also saw WPS play a major role.
If you are a mental health practitioner working in Washington, DC, the form is to be used any time a third party payer requests information on your patients that goes beyond the billing information and/or diagnosis and/or CPT Code. The form is available on page six of the July 2006 newsletter . Click on WPS News & Information, then click on WPS Newsletter, then click on July/August 2006 edition. The form is on page 6.
It is now the official policy of the District of Columbia Insurance Commission that all such additional information is to be requested and completed on the form. You will note that the patient’s written permission is required. As practitioners, we are allowed to give only the information requested on this form, even with a patient’s permission.
If a third party payer requires more information and your patient wishes to pursue insurance payments it is necessary to request an Independent Review. This is a confidential review of the client’s mental health information by a mental health professional or professionals. Mental health information disclosed for the purpose of review shall not be disclosed to the third party payer.
If you have questions, please contact:
BarryJ. Landau, M.D.
202-362-8625
barryjlandau@verizon.net
or
Elizabeth K. Hersh, MD
202-333-3835 Tel.
ekhersh@erols.com email
For internet Forms: www.disb.dc.gov
click service, click industry forms, click release of mental health info.
