Hello, all
-
I would especially appreciate any answers to these
questions from any mental health service providers in California that provide mental health services
to children/youth as the result of a local education agency's
(LEA) development of an individualized education program (IEP), as my agency is such a provider.
According to California Government Code, the LEA must obtain
"written parental consent for the referral of the pupil to the community mental
health service, for the release and exchange of all relevant information between
the local education agency and the community mental health service, and for the
observation of the pupil by mental health professionals in an educational
setting." Under this arrangement, the exchange of information between
the LEA and the community mental health service, including protected health
information, may take place as long as parental consent has been obtained.
This would include an open setting such as an IEP team meeting. What would
be the case under HIPAA? Would the original parental consent obtained to
satisfy California law also satisfy HIPAA requirements? Is there any impact on the exchange of
information as related to HIPAA? Would the exchange be an item that
requires an inclusion in an accounting of
disclosures?
Beth Miller
Grant Writer
Tri-City Mental
Health Center
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