2-2 Milestone 1 HSE 340.docx

1 2-2 Final Project Milestone One: Draft of Introduction Southern New Hampshire University HSE 340: Law & Ethics in Human Services March 17, 2024

2 There are specific standards that human service professionals (HSP’s) have to follow according to the National Organization of Human Services website. When it comes to the release of health information there are a few standards that stand out. Standard 3 states “ Human service professionals protect the client's right to privacy and confidentiality except when such confidentiality would cause serious harm to the client or others, when agency guidelines state otherwise, or under other stated conditions (e.g., local, state, or federal laws). Human service professionals inform clients of the limits of confidentiality prior to the onset of the helping relationship” (National Organization of Human Services, 2015). This standard is important when it comes to releasing health information because it is important for HSP’s to protect their client’s privacy and not release any information. These laws differ from state to state, but the only time this confidentiality typically can be broken is when serious harm is at play. Another standard that is relevant is standard 8, which speaks about HSP’s protecting client records. If any information is going to be shared, HSP’s must first seek consent from clients before releasing information. On top of ethical standards, professionals must also follow HIPAA laws. HIPAA of 1996 is a federal law that requires there to be standards to protect client information and not be disclosed without first receiving consent from the client (CDC, 2022). Legally, there are some situations where information can be released without client information like when mandated by the courts or when the client is an imminent threat to themselves or others. Outside of these two situations, client information may never be shared with anyone and doing so can lead to many negative outcomes for HSP. The HSP can be terminated and can face fines or imprisonment of up to 10 years in prison. There are many challenges that agencies and hospitals experience when it comes to complying with legal and ethical regulations. One challenge has to do with cybersecurity. If a

3 hacker is able to get into an agency/hospitals server, they can not only steal patient information, but potentially shut down systems which could cause havoc. Another challenge is the fact that these organizations have to constantly regulate change as HIPAA evolves. This means there is a constant flow of training, and having a team of people who can help with making changes and informing everyone else of those changes. If health care information needed to be released by a court, there are several things I would do in preparation. First, I would look over the subpoena received from the courts to see what information is being requested, by who, and for what reason. I would then inform the client whose records are being subpoenaed about the subpoena to receive permission to release these records. This could include calling, or emailing the client or sending a letter in the mail to inform them about what is going on (Shah, n.d.). Once I obtain permission, I will release the information needed but if I am not given permission, I would not be able to give out this information but cannot ignore the court order which means I would have to speak with a supervisor to see what my next steps are.

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4 References National Organization of Human Services. (2015). Ethical Standards for Human Services Professionals. https://www.nationalhumanservices.org/ethical-standards-for-hs- professionals Shah, R. (n.d.). A Step-by-Step Guide for Responding to Medical Record Subpoenas. Magmutual. https://www.magmutual.com/learning/article/step-step-guide-responding- medical-record-subpoenas/#:~:text=Recommended%20actions%3A%201%20Consider %20the%20subpoena%E2%80%99s%20authority%20--,mental%20health%20or %20drug%2Falcohol%20treatment%20records.%20More%20items