PRIVACY

HIPAA (Health Insurance Portability and Accountability Act of 1996) is United States legislation that provides data privacy and security provisions for safeguarding medical information

-There is disclosure or evidence of physical, sexual or serious emotional abuse or neglect.

-Suicide is threatened or attempted. There is disclosure or evidence of serious self-harm (including drug or alcohol misuse that may be life-threatening).

–Duty to warn, refers to the responsibility of a counselor or therapist to inform third parties or authorities if a client poses a threat to himself or herself or another identifiable individual.

-Another common exception to the duty of confidentiality (where a signed authorization is generally not required) occurs when the practitioner is communicating with insurance companies, HMOs, and other payers in order to obtain payment for covered mental health services or to determine whether continued payment is warranted. It is important in such situations to reveal only the minimum amount of information necessary in order to accomplish the intended purpose. If a signed authorization is obtained, the disclosures are determined by the terms of the authorization.

-Adolescent rights, case law and statutes are clear that Pactitioner’s may discuss with parents circumscribed information regarding the counseling process, but they may not discuss confidential details about the content of any of the sessions without the adolescent patients explicit consent as the child’s best interest is a central issue to breaching confidentiality. The practitioners discretion must consider age, developmental stage, relationship with parents, whether disclosure would help or harm the client. If a Practitioner believes information that a minor client discloses could put them in clear and imminent danger, then breaching confidentiality is warranted.