Eaglizer ITHIPAA policies for mental health and behavioral health practices
Behavioral health records carry extra protection under federal and state law. Policies for a counseling or psychiatry practice need to reflect that, and a generic medical template usually does not.
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Where behavioral health practices differ
- Psychotherapy notes. Separately kept process notes get special protection. Most uses require a specific authorization that cannot be combined with any other.
- Substance use disorder records. If you receive or keep records from a federally assisted program, 42 CFR Part 2 applies, and your privacy notice needed updating by February 16, 2026.
- Telehealth. The video platform must sign a business associate agreement, and the policies should cover private locations and devices.
- Minors. State law often lets minors consent to mental health care on their own, and then the minor controls that information.
What the kit writes for a behavioral health practice
If you tell the kit you keep Part 2 records, it adds the required notice language and a Part 2 consent warning to the authorization form. Telehealth answers add platform and remote session safeguards throughout.
Questions
Are therapy notes covered by HIPAA?
Yes. Psychotherapy notes kept separately from the medical record have extra protection, and most disclosures require a specific authorization.
Full HIPAA Policy Kit, $129
- Notice of Privacy Practices, updated for the 2026 rules, plus the acknowledgment form
- 22 Privacy policies and procedures
- 19 Security policies mapped to the Security Rule
- Breach Notification policy with a risk assessment form and log
- Business Associate Agreement for your vendors
- Workforce confidentiality agreement, training log, and access checklist
- Security Risk Analysis worksheet, pre filled from your answers
- Patient request forms, plus a California addendum for California practices
More guides
- HIPAA compliance for dental offices: what auditors actually check
- HIPAA compliance checklist for small medical practices in California
- The HIPAA security risk assessment, explained for small practices
- Notice of Privacy Practices template, updated for 2026
- HIPAA policies for chiropractic offices
- HIPAA policies for physical therapy practices
- HIPAA policies for optometry practices
- HIPAA for med spas and aesthetics practices
- HIPAA policies and procedures for small medical practices
Templates, not legal advice. Eaglizer IT is not a law firm and does not certify HIPAA compliance. Using templates does not by itself make a practice compliant; follow the policies, train your staff, and keep records.