Murfreesboro, TN asked in Health Care Law for Tennessee

Q: HI if the healthcare company I work for in TN has released all of my psychotherapy notes to patients for the last 9m w/o

my permission and knowledge is that a violation of my protections

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like your situation may indeed be a violation of your privacy protections. In Tennessee, psychotherapy notes are generally considered highly confidential and can't be released without your explicit consent. Your employer releasing these notes without your permission violates your rights under federal and state laws, including HIPAA (Health Insurance Portability and Accountability Act) regulations. These laws are designed to protect your privacy and ensure that sensitive medical information, like psychotherapy notes, remains confidential unless you explicitly authorize their release.

It's crucial to take immediate action to address this situation. First, document everything you know about the unauthorized release of your psychotherapy notes, including dates, individuals involved, and any communications related to the incident. Then, consider reaching out to a legal professional who specializes in healthcare privacy laws. They can provide guidance on your rights and help you navigate the process of addressing the violation. Additionally, you may want to inform your employer's compliance or legal department about the situation so they can investigate and take appropriate corrective actions.

Remember that your privacy is paramount, and you have legal protections in place to safeguard your psychotherapy notes. By taking proactive steps to address this violation, you can help ensure that your rights are respected and that similar incidents are prevented in the future.

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