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Disclosure of information - Ohio Rev. Code Ann. § 5122.31

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient, a patient’s legal guardian, or a patient’s parent if they are a minor, may consent to the disclosure of information relating to their mental health in writing. Consent to disclosure is only effective if it is in the best interests of the patient, as may be determined by the “court for judicial records and by the chief clinical officer for medical records.”
Disclosure Without Consent
Mental health information may be disclosed without a patient’s consent as required by law under the following circumstances:
·         To third party payers for purposes of obtaining payment for services delivered to the patient
·         Information may be exchanged between mental health provider facilities, provided that the disclosure is limited to the extent necessary to facilitate treatment to the patient, to facilitate continuity of care, or to address a medical emergency
·         To a patient’s family member who is in charge of providing care for the patient, if the patient’s physician determines that disclosure would be in the best interests of the patient; disclosure must be limited to “medication information, a summary of the patient's diagnosis and prognosis, and a list of the services and personnel available to assist the patient and the patient's family.” The patient must be given the opportunity to object before this kind of disclosure occurs.
·         In connection with an involuntary commitment
·         If the patient is deceased, to an executor or administrator of the estate
·         With corrections personnel for purposes of facilitating care to someone that is in custody
Disclosure Pursuant to Court Order:
Confidential information may be disclosed pursuant to a court order signed by a judge.

Current as of June 2015