Clinical Records Release Policy at Insight Clinic Mental Health Services.

At Insight Clinic, we take your privacy and the confidentiality of your personal and medical information seriously. We are committed to complying with the Privacy Act 1988 (Cth)and other relevant legislation, ensuring that your sensitive data is handled responsibly and securely.

1. Personal and Health Information

We collect, store, and use personal and health information to provide you with high-quality care. This may include information about your mental health treatment, diagnosis, medical history, and any other relevant details related to your treatment at Insight Clinic.

2. Consent for Release of Information

Your personal and medical information will not be disclosed to any third party without your explicit consent, except as required by law.

• Providing Consent: If you wish for your medical information to be shared, we require a signed Authorization to Release Information form. This form will outline the specific information you are consenting to release and to whom it will be provided.
• Scope of Consent: The consent you provide will be specific to the purpose you request (e.g., for insurance claims, legal matters, or family purposes). The release of information will be limited to only what is necessary for that purpose.

3. Releasing Medical Records

Under the Privacy Act, we are bound by strict guidelines for the release of sensitive medical information. Our clinic’s policy is as follows:

• Releasing Information to Third Parties: Information may only be released to third parties, such as insurers, lawyers, or family members, when:
  • The individual has provided written consent, specifying the information to be released.
  • We are required by law to release the information, such as in response to a subpoena or court order.
• Unavailable Treating Clinician: If the requested information is related to treatment provided by a clinician who is no longer available (e.g., has left the practice or cannot consult), we will not release detailed clinical records. In such cases, the client must seek a subpoena or court order to obtain the information, as we are unable to provide medical records or sensitive treatment details without this legal request.

4. Legal Requests

We understand that, in certain situations, you or a third party may require access to your medical records for legal or insurance purposes. However, we cannot release medical information without proper legal documentation.

Subpoena or Court Order: If a third party requests medical information on your behalf, a subpoena or court order will be required for us to release your medical records. Please note, a valid legal request will ensure that the release of information complies with the Privacy Act and any other applicable regulations.

Why a Subpoena or Court Order is Required: As a healthcare provider, we are committed to protecting your privacy and the confidentiality of your medical information. We cannot disclose sensitive information to third parties without the legal safeguards provided by a subpoena or court order.

5. Exceptions

There may be situations where your information cannot be released, even with consent:

• If the requested information pertains to sensitive mental health information and the treating clinician is no longer available to discuss or verify the details.
• If releasing the information would be contrary to your best interests or could cause harm.
• If the request does not meet legal requirements or is outside the scope of consent provided.

6. Your Rights

You have the right to access and review your own medical records. If you wish to request a copy of your records, you can submit a written request to our office. We will comply with such requests in accordance with the Privacy Act 1988.