Two health insurance plans required New Jersey psychologists to disclose confidential patient information--including the causes of patients' mental-health issues, “patient thoughts and feelings revealed during therapy,” and medications--in violation of New Jersey's Psychology Licensing Act and a state benefit program's policies, according to a complaint announced Oct. 13 by the New Jersey Psychological Association (Sargese v. Horizon Healthcare Servs. Inc., N.J. Super. Ct. Ch. Div., Essex Cnty., No. C 173-11, complaint filed 7/19/11).
Horizon Health Services Inc. and Magellan Health Services Inc., which together administer mental health benefits provided under the New Jersey State Health Benefits Program (SHBP), denied the psychologists' requests for additional weekly therapy sessions for the individual plaintiffs when the psychologists refused to provide such information, the complaint said. The plaintiffs requested that the court declare that the defendants are in violation of the Psychology Licensing Act, N.J. Stat. Ann. § 45:14B-28, which prohibits the disclosure of privileged communications between psychologists and their patients. The Act prohibits the defendants from requesting more than administrative data, basic diagnostic data, patient status, the reason for continuing services, and a prognosis, the plaintiffs claimed. Additionally, the complaint alleged that the defendants breached the SHBP's plan documents, which state that the SHBP's disclosure or use of protected health information is only allowed “to the minimum extent necessary.” Full text of the complaint is available at http://op.bna.com/pl.nsf/r?Open=kjon-8msme7.
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