Privacy Issues in Mental Health and Substance Abuse Treatment: Information Sharing Between Providers and Managed Care Organizations: Final Report. 3. Need for or Desirability of Legislation

01/17/2003

Legislation that requires the development of a minimum necessary set of information could help HHS achieve a consensus or near-consensus-based product that also explains information sharing to consumers and allows MCOs to manage care.  As noted above, a respondent heavily involved Maryland’s development of its Uniform Treatment Plan form by consensus of relevant stakeholder groups believed this effort would probably not have been possible without the legislation that required its development. 

On the other hand, raising the issue with Congress could possibly lead lawmakers to establish a minimum necessary information set that may be different from what would be achieved through an HHS-led process involving a balanced set of stakeholders.  For example, the provider community could prevail on Congress to adopt the DC or New Jersey models or the APA guidelines.

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