New Jersey Psychological Association (NJPA) Files Lawsuit Against State Health Benefits Commission, Horizon Healthcare Services and Magellan Health Services
The New Jersey Psychological Association (NJPA), the professional organization representing more than 2,100 psychologists who treat hundreds of thousands of people throughout the state, announced today that it filed a lawsuit against the New Jersey State Health Benefits Commission, Horizon Healthcare Services, Inc. and Magellan Health Services alleging violation of patient confidentiality rights provided by the New Jersey Practicing Psychology Licensing Act.
The complaint alleges that the Commission, Horizon and Magellan improperly require mental health providers to turn over protected confidential mental health records of patients enrolled in the New Jersey State Health Benefits Program as a pre-requisite to authorizing treatment by a psychologist, continuing a course of treatment, or paying for services already provided. NJPA seeks a declaratory judgment that these practices violate state law.
"People who seek mental health services trust that their personal information will be held in strict confidence," said Lisa Jacobs, Ph.D., president of NJPA. "Any violation of the patient's right to privacy by the insurance industry or a government agency can have a devastating impact on the mental and physical health of the patient, and can deter people from getting the help they need."
The New Jersey Practicing Psychology Licensing Act, in section 45:14B-28, provides broad privacy protection of confidential communications between psychologists and their patients. Psychologists are prohibited from disclosing confidential communications and treatment notes and records to anyone, other than through written authorization from the patient detailing specific confidential health records be disclosed, and the purpose for the disclosure. Under Federal law psychologists may only provide the minimum patient information necessary to make coverage, benefit and payment determinations.
"In a misguided attempt to contain costs, insurance companies and state officials are making it increasingly difficult for people to access outpatient mental health services. This mis-management of care harms patients by delaying or denying access to counseling services shown to improve health and save money," said Barry L. Helfmann, Psy.D., director of professional affairs for NJPA and a plaintiff in the complaint.
"NJPA has shared its grave concerns about patient confidentiality directly with these parties who are involved in the oversight and administration of the New Jersey State Health Benefits Program, and unfortunately we found it necessary to take legal action," said Dr. Helfmann.
"We applaud psychologists in New Jersey for taking a stand to protect and care for people with mental illness. Research shows that one in four New Jersey residents will experience mental illness at some point in their lives, which makes it vitally important for insurance companies, government agencies, providers and the public to address the needs of this vulnerable population," said Carolyn Beauchamp, president and CEO of the Mental Health Association in New Jersey.
NJPA also announced today a patient advocacy campaign called "Speak Your Mind NJ: Improving Access to Mental Health Services." New Jersey residents can learn more about the impact of restricted access to therapy and speak their minds by visiting the campaign web site at www.SpeakYourMindNJ.org.
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