Can I Limit Amount of Information a Mental Health Professional Releases to Insurance Provider for Disability Claim?

Asked about 2 years ago - Falls Church, VA

Filed for LTD due to a medical condition & signed an Auth to Release & Disclose Health Info for insurance co. Authorization seems very inclusive. I visited a Mental Health Prof to find out how to taper off medication. I booked another appointment & then cancelled. She kept calling to re-book & documented each call. I only want the treatment notes but not the "psychotherapy notes" or phone calls released to insurance co. HIPAA Regs - "So basically a behavioral health professional can only divulge information received from a patient in treatment is to save someone’s life..without your express authorization"

Can I authorize the MD to release only the medical record portion of the treatment notes since I signed the release for the insurance company? Or does she have to release whole chart?

Attorney answers (1)

  1. Robert Andrew Kerr

    Contributor Level 12

    Answered . In theory you could restrict what is released, but you do yourself a disservice by doing so. It only gives the insurance company another reason to deny your claim when that is their goal anyway.

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