Limited disclosure to 3rd-party payors

  1. Law
  2. District of Columbia Code
  3. Human Health Care and Safety
  4. Mental Health Information
  5. Disclosures With the Client’s Consent
  6. Limited disclosure to 3rd-party payors

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(a) A mental health professional or mental health facility may disclose to a 3rd-party payor mental health information necessary to determine the client’s entitlement to, or the amount of, payment benefits for professional services rendered; provided, that the disclosure is pursuant to a valid authorization, or for participating providers, a joint consent, and that the information to be disclosed is limited to:

(1) Administrative information;

(2) Diagnostic information;

(3) The status of the client (voluntary or involuntary);

(4) The reason for admission or continuing treatment; and

(5) A prognosis limited to the estimated time during which treatment might continue.

(b) In the event the 3rd-party payor questions the client’s entitlement to or the amount of payment benefits following disclosure under subsection (a) of this section, the 3rd-party payor may, pursuant to a valid authorization, or for participating providers, a joint consent, request an independent review of the client’s record of mental health information by a mental health professional or professionals. Mental health information disclosed for the purpose of review shall not be disclosed to the 3rd-party payor.

(Mar. 3, 1979, D.C. Law 2-136, § 207, 25 DCR 5055; Dec. 18, 2001, D.C. Law 14-56, § 116(f)(3), 48 DCR 7674.)

Prior Codifications

1981 Ed., § 6-2017.

1973 Ed., § 6-1621.

Section References

This section is referenced in § 44-301.07.

Effect of Amendments

D.C. Law 14-56, in subsecs. (a) and (b), substituted “, or for participating providers, a joint consent,” after “a valid authorization”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 16(f)(3) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390).

For temporary (90 day) amendment of section, see § 16(f)(3) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123).

For temporary (90 day) amendment of section, see § 116(f)(3) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947).

Temporary Legislation

For temporary (225 day) amendment of section, see § 16(f)(3) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 48 DCR 10807).


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