Pennsylvania Code
Title 55 - HUMAN SERVICES
Part VII - Mental Health Manual
Subpart C - Administration and Fiscal Management
Chapter 5100 - MENTAL HEALTH PROCEDURES
CONFIDENTIALITY OF MENTAL HEALTH RECORDS
Section 5100.34 - Consensual release to third parties

(a) Access to records, as defined in § 5100.33(b) (relating to patient's access to records and control over release of records) will be granted to persons other than the patient upon written consent of the client/patient. With the consent, copies of excerpts or a summary of a record may be provided to specific persons at the discretion of the director. If copies of excerpts or summaries are provided, a charge may be made against the patient or person receiving the record for the cost of making the copies. The facility may require payment for the copies in advance.

(b) When a patient designates a third party as either a payor or copayor for mental health services, this designation carries with it his consent to release information to representatives of that payor which is necessary to establish reimbursement eligibility. Unless otherwise consented to by the patient, information released to the third-party payors shall be limited to that necessary to establish the claims for which reimbursement is sought.

(c) Clients, patients, or other persons consenting to release of records are to be informed of their right, subject to § 5100.33 to inspect material to be released.

(d) When records are released or disclosed under § 5100.32 (relating to nonconsenual release of information) or subsections (a) and (b) the written or oral disclosure shall be accompanied by a written statement which reads as follows:

"This information has been disclosed to you from records whose confidentiality is protected by State statute. State regulations limit your right to make any further disclosure of this information without prior written consent of the person to whom it pertains."

(e) The limitation in subsection (d) does not prohibit the re-release of information in accordance with § 5100.32.

(f) Each facility shall prepare a form for use in the voluntary release of records which shall meet the following requirements:

(g) A mental health facility receiving a request for information from a governmental agency may accept that agency's release of information form if signed by the patient/client or the person legally responsible for the control of information unless the patient has specifically expressed opposition to that agency receiving information.