When can a mental health record be disclosed as part of a legal case?

 

Under Indiana law, a patient's mental health record is confidential and can be disclosed only with the consent of the patient, unless there is another law that allows for disclosure. In a legal case, a party may try to obtain mental health records through a discovery request, e.g. a subpoena. However, Indiana law does not allow the disclosure of mental health records through typical discovery requests.

Instead, a party must file a petition with the court and make an argument that the records should be disclosed. The judge must hold a hearing to determine if the records should be released. The judge may order the release of the mental health records only if the judge finds that:

(1) other reasonable methods of obtaining the information are not available or would not be effective; and

(2) the need for the disclosure outweighs the potential harm to the patient.

When the court is considering the need for disclosure, the judge assesses whether the mental health records are relevant to the legal issue in dispute. When considering the potential harm of disclosure, the court must “consider the impact of disclosure on the provider-patient privilege and the patient's rehabilitative process.”

A common question is whether a therapist’s personal mental health notes, e.g. psychotherapy notes, are also subject to disclosure. A protected “mental health record” includes both “recorded or unrecorded information concerning the diagnosis, treatment, or prognosis of a patient receiving mental health services or developmental disability training.” Given this broad definition, a therapist’s personal psychotherapy notes, which are usually kept separate from the client’s official record, would likely be considered a mental health record subject to disclosure. Notably, alcohol and drug abuse records are not considered mental health records and may be disclosed.

Relevant Law:

Indiana Code § 16-39-3-1 et seq.

Ind. Code § 16-18-2-226

Munsell v. Hambright, 776 N.E.2d 1272, 1278 (Ind. Ct. App. 2002)

Buford v. Flori Roberts, Inc., 663 N.E.2d 1159, 1161 (Ind. Ct. App. 1996)