Skip to content Social Security Online |
Disability Programs |
www.socialsecurity.gov |
Professionals Home |
Medical/Professional Relations |
|
Fact Sheet for Mental Health Care Professionals:
Supporting Individuals' Social Security Disability ClaimsInformation from you, as a mental health professional, is vitally important to support claims for Social Security Disability Insurance and for Supplemental Security Income benefits. Form SSA-827 (Authorization to Disclose Information to the Social Security Administration)(PDF) legally permits you to make the necessary disclosures of information consistent with applicable laws, including the Health Insurance Portability and Accountability Act (HIPAA), the Substance Abuse Act and the Family Educational Rights and Privacy Act (FERPA).1 Social Security’s Release Form Authorizes
Your Disclosure The request for your records will most often come
from a state agency that makes disability determinations for the Social
Security Administration (SSA). These agencies are usually called Disability
Determination Services (DDS) but the agency name may be different in
your state. If the claimant has appealed a decision, you may receive
a request for evidence from an Administrative Law Judge in SSA’s
Office of Disability Adjudication and Review. Full Disclosure Is Permitted The signed SSA-827 specifies that the authorization permits you to disclose all of your patient’s medical or educational information to Social Security and DDS offices for the time period requested. That means you do not have to apply the “minimum necessary standard” before disclosing medical records.4 Social Security must consider the claimant’s complete, relevant medical record for at least 12 months prior to the claim, including assessment of the combined effect of multiple impairments that individually may not be severe. In addition, both HIPAA and the SSA-827 permit you to disclose “information created within 12 months after the date (the release is) signed.”5 (Providers in Indiana, Nebraska, Washington and Puerto Rico should also refer to local law for guidance.) Psychotherapy Notes, as Defined by HIPAA, Can Be Protected Social Security recognizes the sensitivity and
extra legal protections that concern psychotherapy notes (also called “process” or “session” notes)
and does not need the notes. As HIPAA defines the term, “psychotherapy
notes means notes recorded in any medium by a mental health professional
documenting or analyzing the contents of conversation during a private
counseling session or a group, joint, or family counseling session and
that are separated from the rest of the individual’s medical record.
Psychotherapy notes excludes medication prescription and monitoring,
counseling session start and stop times, the modalities and frequencies
of treatment furnished, results of clinical tests, and any summary of
the following items: diagnosis, functional status, the treatment plan,
symptoms, prognosis, and progress to date.” HIPAA Permits Electronic Transmission of Records Your Information Will Not Be Re-Disclosed
Without Consent Additional Information Sources Please see www.socialsecurity.gov/disability/professionals for more information on the SSA-827. This also provides a list of DDS
Professional Relations Officers and their contact information for specific
questions. 1 See www.socialsecurity.gov/disability/professionals/ssa827_informationpage.htm for the form, reference material, and other legal points. The SSA-827 fully complies with HIPAA (45 CFR 164), and other federal and state laws and regulations including the Substance Abuse Act (42 CFR Part 2), FERPA (34 CFR Parts 99 and 300) and applicable state law.
|
||||||
Privacy Policy | Website
Policies & Other Important Information | Site
Map
Last reviewed or modified Tuesday Jan 15, 2008 |