HSE 340 Draft of Conclusion Milestone Three

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Southern New Hampshire University *

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340

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Jan 9, 2024

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1 Draft of the Conclusion Chelsey Riley Southern New Hampshire University HSE 340- Law and Ethics in Human Services Professor Gordon 02/06/2022
2 It is our job to abide by the Ethical Standards of Human Service Professionals. This includes demonstrating the importance of informed consent, confidentiality, security of client records, and protecting client privacy. It is also important to ensure client safety, maintain integrity, compliance with relevant laws and requirements, understand protocols that are in place for the release of client protected health information (PHI), and using appropriate and secured documentation (Scott, n.d.). Health care providers must obtain a court order and valid authorization in writing that contains the specific information that will be discussed during the court proceeding. Nothing outside of these terms is allowed to be discussed or the process for the release of additional PHI is to be repeated (Moore, 2011). These laws and regulations for disclosure are in place to ensure that client PHI is protected and secured. A client’s religion, beliefs, culture, and values must also be considered- being culturally competent- having the knowledge, awareness and interpersonal skills is important when working with culturally diverse clients. Human service professionals should educate themselves and keep up with HIPAA policies and regulations, understand their agencies policies and procedures regarding the release of PHI. Human service professionals should make sure that the request is signed by a judge or there is a subpoena signed by the judge. They should also make sure that only the specific information included in the court order is disclosed, not the clients entire record (Shah, n.d.). If it is requested from anybody other than a judge, magistrate, or administrative tribunal than it is not a valid request and may require additional assurances. There must be written consent from the patient and accompanying documentation from the person administering the subpoena to disclose PHI (Shah, n.d.). It is important to understand what information can and cannot be shared, the legal ramifications for violating HIPAA Laws, ethical
3 issues regarding parolee’s release of information, and other records regarding the release of a client’s protected health information (PHI).
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4 References Moore, J. (2011, December). Disclosure of Confidential Health Information in Court Proceedings. Retrieved February 3, 2022, from https://techcommunity.microsoft.com/t5/windows-blog-archive/sony-rootkits-and-digital- rights-management-gone-too-far/ba-p/723442. Office for Civil Rights. (2020, November 2). Court orders and subpoenas . HHS.gov. Retrieved January 14, 2022, from https://www.hhs.gov/hipaa/for-individuals/court-orders- subpoenas/index.html . Shah, R. (n.d.). MagMutual. A step-by-step guide for responding to medical record subpoenas . Retrieved February 5, 2022, from https://www.magmutual.com/learning/article/step-step- guide-responding-medical-record-subpoenas/.