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Jan 9, 2024
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Uploaded by ProfessorPorpoisePerson151
Final Project Milestone One: Draft of Introduction
Melissa Lawrence
Southern New Hampshire University
HSE-340-T2468 Law & Ethics in Human Services
J. Brooke Andrews, MSW
11/5/2023
2
Introduction :
(NOHS) Ethical Standards
We can study and adhere to forty-four standards by looking through the National
Organization for Human Services Ethical Standards (NOHS). Everyone who decides to work in
human services is aware that they must be willing to uphold these standards and have a thorough
understanding of them. Like a lawyer using the law library, we human service providers will use
the code of ethics to help us make the best judgments for our clients.
Human service providers can refer to the Code of Ethics' seven sections to find
information when confirming the release of health information per ethical standards. Standard 3
is one such section. As per (Allen, n.d.-c), we are urged to uphold the client's confidentiality and
privacy unless doing so would put the client or others in danger or if the client's home state
chooses otherwise.
Additionally, Standard 4 stipulates that human services professionals must
intervene to protect others if they believe a client's behavior could endanger them or others, even
if doing so means breaching the confidentiality of the client-professional relationship
(
Allen,
n.d.-c). The client's written prior consent must be on file before sharing any written or electronic
records with other professionals, except for professional supervision or situations where sharing
is required by law or other legal requirements, according to Standard 8. The client's integrity,
safety, and security of written or electronic records must also be protected
(
Allen, n.d.-c).
Introduction: Legal Issues
If it is discovered that a human services worker disclosed personal information without
the client's consent, they may face criminal charges, lose their employment, and perhaps go to
jail. According to our resource, Patient Confidentiality, Ms. S was exposed when she disclosed a
3
client's medical records to her spouse so that he might utilize them as evidence in court. "Ms. S
was dismissed and subsequently charged with federal offenses relating to the improper disclosure
of personally identifiable health information for malevolent intent and personal gain"
(McGowan, 2012). "Ms. S ultimately entered a guilty plea, although she was facing a 10-year
prison sentence, a $250,000 fine, and a 2-year probationary period along with 100 hours of
community service" (McGowan, 2012).
Human services provider that could result in the disclosure of a client's health
information. This can be a disappointed client whom you terminated services for, believing they
are no longer needed, or who no longer has insurance accepted by your practice. Even if a
medical professional complies with all ethical standards up until the last minute, they could still
face legal action for medical malpractice. "Even though the counselor acted appropriately and
ethically, clients may still allege unethical behavior or file a lawsuit due to negligence" (Corey et
al., 2019). Our source, Problems, and Ethics in the Helping Profession, states that you should
“Never destroy or alter files or reports pertinent to the client's case" (Corey et al., 2019) because
they are legal documents and might contain material that will support your position against the
client.
Introduction: Confidential Information
The consequences or effects of disclosing private information without authorization
might be dire. If the patient or client requires medical attention while we are working with them,
it is our responsibility as human services professionals to always get consent before providing
services and disclosing medical information. According to the standard three code of ethics, we
can only divulge confidential documents without authorization if the patient or client is
imprisoned or if a court orders it (Allen, n.d.-c).
Some of the repercussions for disclosing
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4
medical information without authorization include losing your job, being sued by the patient and
the organization you work for; the company may sue for money they paid out, and the patient
may sue for money; you may also lose respect in the community, have your resume tarnished;
you may spend up to 10 years in jail; and you may be fined $100 to $50,000 for each violation,
or up to $1.5 million annually, depending on the seriousness of the offense. (2019 HIPAA
Journal).
Introduction: Challenges
Regarding potential obstacles to hospitals, agencies, and programs adhering to legal
requirements when disclosing information, the two main areas of concern are patient or client
confidentiality and respect. Unless the individual is in jail or the release is mandated by a court,
you must obtain a written agreement before disclosing any information about them. Even so, you
must protect their rights and dignity. Training and educating staff members about the ongoing
changes to comply with the HIPAA and code of ethics presents the biggest barrier for
establishments. Making sure that coding and billing are done appropriately for tax and billing
purposes is another potential problem. They also want to ensure that personal data is imputed
accurately so that insurance will pay them. HIPAA and PHI are only excluded from medical
record releases when a person has been deceased for fifty years.
Introduction: Prepare for Court
The most regrettable aspect of medical records and the legal system is that the records of
clients are obtained without the requirement for consent. For the records to be revealed, though, a
subpoena or court order is required.
"A CLINIC MAY NOT RELEASE MEDICAL RECORDS
UNLESS CERTAIN CONDITIONS ARE MET UNDER HIPAA, A SUBPOENA THAT IS NOT
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ACCOMPANIED BY AN ORDER FROM A COURT OR ADMINISTRATIVE AGENCY"
(Management, 2017). Certain safety measures should be in place when medical records are
disclosed to the courts to guarantee that only the client's attorney and the judge view the material
that is pertinent to the matter at hand. To prevent it from being read or viewed, information that
is not required should be blacked out of the record. A double sealed envelope or a signature from
the intended recipient, or a security guard acting on their behalf, should be required if the
medical record is simply delivered to a courtroom or judge. Whatever the case's circumstances,
medical information presented to a court should always be protected.
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References –
Allen, B. (n.d.).
Ethical standards for HS professionals
.
https://www.nationalhumanservices.org/ethical-
standards-for-hs-professionals
Alder, S. (2023, April 28).
HIPAA enforcement in 2019
. HIPAA Journal.
https://www.hipaajournal.com/hipaa-enforcement-in-2019/
Corey, G., Corey, M. S., & Corey, C. (2020). Issues and Ethics in the Helping Professions (10th ed.).
Cengage Learning US. https://mbsdirect.vitalsource.com/books/9781337671378
McGowan, C. M. (2012). Patients’ confidentiality.
Critical Care Nurse
,
32
(5), 61–64.
https://doi.org/10.4037/ccn2012135
NORCAL Risk Management. (n.d.).
HIPAA rules for responding to requests for PHI (Protected Health
Information)
. https://www.norcal-group.com/library/hipaa-rules-for-responding-to-requests-for-
phi-protected-health-information
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