Mental Health Law

Providing care to patients with mental health issues is complicated. It isn’t always easy to know what is ‘‘right’‘ and what is ‘‘legal.’‘

This manual discusses all laws governing mental health treatment and privacy including the Lanterman-Petris-Short Act (LPS), the Confidentiality of Medical Information Act (CMIA), the Health Insurance Portability and Accountability Act (HIPAA) and other state and federal laws.

The newly revised Mental Health Law manual has been updated to include all new laws effective January 1, 2004, recently released federal guidance on the confidentiality of alcohol and drug abuse patient information and updated information on ‘’duty to warn’’ obligations.

A preemption analysis is also included, which outlines the extent to which HIPAA preempts selected California medical privacy laws, particularly CMIA and LPS. The analysis is intended to provide guidance for California hospitals and other health care providers on which law to follow and when.

Contents
• Overview of Mental Health Laws
• Principles of Consent for Mental Health Patients
• Detainment for Mental Health Treatment
• Rights of Mental Health Patients
• Privacy Rights & Patient Access to Records
• Release of Medical Information to Third Parties: General Patient
• Release of Mental Health and Developmental Disability Information Covered by the Lanterman-Petris-Short Act to Third Parties
• Release of Substance Abuse Information to Third Parties
• Reporting Requirements
• Preemption Analysis-General Patient; Minors; HIV Test Results; Mental Health Patients
• Sample Forms, Posters and Notices

CHA*, 454 pages. 2nd edition, 2004)

*California Hospital Association (CHA) books only - if CHIA member is an employee of a facility that can be a member of CHIA, but is not, CHA books must be sold at the NonMember price.