What are the limits of confidentiality for mental health records?

Confidentiality for mental health records in Montana is handled by the Mental Health Records Privacy Act. This act defines what types of records can be shared and under what conditions. Under this act, mental health records can only be accessed by individuals that are directly involved in a patient’s treatment. Individuals include the patient’s attending physician, other health care providers, and the patient’s family or guardians if necessary. In addition, court orders and subpoenas can be used to access mental health records. The Mental Health Records Privacy Act also limits the types of information that can be shared. Names, addresses, and other identifying information cannot be shared without the patient’s consent. The act also prohibits the release of information related to diagnosis, treatment, and outcomes without the patient’s consent. In addition, mental health clinicians may share information with other mental health clinicians, unless the patient has specifically requested otherwise. Finally, if a patient requests access to their own mental health records, the healthcare facility must provide a copy of the records without a fee. This includes any and all records pertaining to the patient’s care. However, the healthcare facility can impose a fee if the patient requests additional copies of the records. Overall, the Mental Health Records Privacy Act in Montana provides limits on the confidentiality of mental health records. This act defines who can access the records, what information can be shared, and when fees may be imposed.

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