This guide is organized into two parts. The first part focuses on each type of
practitioner likely to be involved in criminal justice-mental health collaborations:
behavioral health care, law enforcement, courts, jail and prison, and probation and
parole. For each type of practitioner, there is a discussion of whether the involved
individuals are considered a “covered entity” under HIPAA or are associated
with a “program” regulated by 42 CFR Part 2. There is then a discussion of the
circumstances under which an entity can provide PHI and when it can receive it.
Each section concludes with several scenario-based frequently asked questions
(FAQs) for practitioners. There are additional sections that provide an overview of
other types of entities that request or provide information (“business associates” and
“qualified service organizations”) and a review of an individual’s right of access to his
or her own health information.