HIPPA, Privacy Rights and Improved Patient Outcomes

By Rich Faillla, CEO
I recently read an article in the Wall Street Journal about the problems that family members run into when they try to get information on their adult children who suffer from mental illness. Due to HIPPA (Health Insurance Portability and Accountability Act) and the other privacy rules family members cannot get any information about their loved ones without a signed release. This is especially troubling for families of patients who are diagnosed with schizophrenia, or bipolar disorder.

Oftentimes if the family of these patients knew that they were not taking their medication, or refused community living arrangements, or did not make an outpatient follow up appointment, the families could intervene. Many times Psychiatric patients loose all touch with reality and have hallucinations, delusions, or hear voices which make them paranoid.

We have seen the damage done by individuals suffering from serious and persistent mental illness in Aurora, Colorado, and New Town, Connecticut. Maybe the outcome would have been different if family could have intervened before the violence. I think we are doing an injustice to those with mental illness by insisting on such strict privacy rights due to the nature and course of serious mental illness.

It is time to reconsider privacy issues for people diagnosed with severe mental illness. There should be an exception for family members of anyone suffering from schizophrenia or bipolar illness. This designated exception to HIPPA should be made at the time of the initial diagnosis. Since the illness is a chronic condition which is incurable, the exemption would be for the life of the patient for any information regarding treatment or care of the patient for mental illness.

As a licensed mental health professional and psychiatric hospital administrator I know the importance of privacy and safeguarding a patient’s right to confidentiality. In my experience there have been many times when I wanted to communicate with family members about their family member but was prevented from doing so because of the paranoia of the patient and a refusal by the patient to release information. It is time for a new law to be passed that would restrict the right to confidentiality for those suffering from severe mental illness and allow information to be openly shared with designated family members so that the patient's welfare can be protected when the patient is in an acute episode of illness. My hope is that we can have a national dialogue about the importance of this issue before anyone else ends up a victim of their illness.