What do "psychotherapy notes" refer to according to HIPAA?

"Psychotherapy notes" under HIPAA have a specific definition that distinguishes them from other types of medical records. They refer to notes that a therapist makes during or after a session, which are meant for their own use to assist in treatment. These notes are considered personal, subjective accounts and are kept separate from the client's overall health information or Protected Health Information (PHI).

This segregation is crucial because it protects the confidentiality of the therapeutic process, allowing clients to express themselves freely without the concern that every detail will be included in a broader medical record. On the other hand, while other types of documentation, such as treatment plans or client progress reports, may summarize or analyze sessions, they do not carry the same level of confidentiality and are considered part of the client’s health record. Psychotherapy notes are not typically disclosed without a client's consent, further maintaining their privacy.