Laws of Mental Medical Records Release to Family
Medical records contain private information. The disclosure of that information is governed by ethical standards, state laws and federal laws. These laws do not differentiate between mental health records or general health records. Both are private and protected.
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Provisions
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Though laws vary by state, generally the decision to allow medical records to be released or not is granted to the patient, the legal guardian of the patient or in the case of a deceased patient -- the executor of the estate.
Benefits
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Assurance of privacy in medical records helps patients receiving mental health treatment to be honest about all symptoms. It also encourages treatment without fear of stigma, lost jobs and lost social opportunities.
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Family
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A family member can gain access to medical records if the patient grants permission, if they are a surrogate health care agent as set forth in an advance medical directive or if a court assigns them as a guardian.
Exceptions
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Disclosing a minimal amount of medical information without patient consent is allowed in some instances such as court-ordered warrants, notifying authorities regarding victims of abuse and preventing an imminent threat to the public or a specific person.
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References
Resources
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