Certificate holders under this chapter must comply with all applicable state and federal privacy and confidentiality requirements, including the Minnesota Government Data Practices Act, HIPAA, Minnesota's mental health records release statute, and 42 CFR Part 2 governing alcohol and drug abuse patient records. These obligations apply equally when electronic record-keeping or electronic signatures are used. This section is part of a chapter governing Co-occurring Disorders (integrated mental health and substance use) certification under the Minnesota Department of Human Services Behavioral Health Division.
View official source9533.0170 PRIVACY OF CLIENT INFORMATION. The certificate holder must comply with the Minnesota Government Data Practices Act, Minnesota health care provider requirements, and the Health Insurance Portability and Accountability Act (HIPAA). In addition, the certificate holder must also comply with Minnesota Statutes, section 144.294, subdivision 3 , concerning release of mental health records, and the federal regulation governing Confidentiality of Alcohol and Drug Abuse Patient Records, Code of Federal Regulations, title 42, part 2. The certificate holder's use of electronic record keeping or electronic signatures does not alter the certificate holder's obligations to comply with applicable state and federal law and regulation.