Social workers have an obligation to all patients regarding confidentiality … however, for some patients, the obligation is greater

ABSTRACT

Social workers are held to many ethical obligations regarding patients including maintaining patient confidentiality and staying up to date on confidentiality laws, statutes, and regulations. As the landscape of health care continues to change, including the increased use of technology to maintain patient records, highlights this need. The changes in the regulations on confidentiality of those who are receiving substance use treatment, 42 CFR Part 2, are presented. The other regulations and laws covered include HIPAA, HITECH, and the ACA. This includes the changes that have taken place, how to be compliant, and which to follow when.

KEYWORDS:

• 42 CFR Part 2
• Affordable Care Act
• confidentiality
• HIPAA
• HITECH
• substance use treatment

Acknowledgments

With appreciation to M. Nicole Belfiore, PhD, MSW and Ronald Z. Szoc, PhD for talking through this topic and for the editorial help.

Notes

1. For the purposes of this article, the term “patient” will cover settings where clients, patients, or consumers receive services.

2. Rule refers to the rulemaking process which is used to create regulations.

3. This form is only an example from the authors. Agencies and providers should review form with legal counsel if creating for agency use.

4. This form is only an example from the authors. Agencies and providers should review form with legal counsel if creating for agency use.