Psychotherapy notes carry heightened protection, and most telehealth stacks were never configured with that in mind.
What usually goes wrong
- Psychotherapy notes segregation under §164.508(a)(2)
- 42 CFR Part 2 overlap for substance use disorder records
- Solo and group practices on consumer-grade video tools
- State laws stricter than HIPAA
What SuperHIPAA does about it
- Separate handling and access control for psychotherapy notes
- Telehealth platform evaluation and BAA verification
- Multi-jurisdiction policy layering
- Practice-sized training and documentation
Your obligations in one paragraph
As a covered entity, you must conduct an accurate and thorough risk analysis, implement the required Security Rule specifications (and either implement or document a rationale for each addressable one), maintain policies and procedures, train your workforce, execute business associate agreements with everyone who touches ePHI on your behalf, and be able to detect, assess, and report breaches. All of it must be evidenced. None of it is a one-time project.
Where most behavioral & mental health actually stand
The pattern we see in this vertical: policies exist, training happens sporadically, BAAs are partially in place, and the risk analysis is either missing or several years stale. That last one is the finding that turns an incident into a penalty, because it is the first document OCR requests.
Getting started
- Free readiness assessment — scored report, no call required
- Gap assessment — if the score shows real exposure
- Implementation — we fix it with you, or hand your team the plan
- Platform — keeps it true after we leave
Start where you are
Take the free readiness assessment — 24 questions, about eight minutes, no call required. You get a scored report identifying which required specifications you are missing and what to fix first. If it turns out you are further along than you thought, we will tell you that too.