When You Don't Know Where to Turn: A Self-Diagnosing Guide to Counseling and TherapyBartlett, Steven J.
Science
When You Don't Know Where to Turn: A Self-Diagnosing Guide to Counseling and Therapy
Bartlett, Steven J.
Consumer education; Counseling; Psychotherapy
To what extent is your privacy protected? What situations legally
justify your therapist to release information about you?[1]
[1] Since the first edition of this book, the Health Insurance
Portability and Accountability Act (HIPAA) was passed in 1996, bringing
with it a mass of complexities relating to patient privacy. There
remain many still unsettled legal questions and issues relating to the
so-called Privacy Rule, which there is not space here to discuss. If
you wish to know more about the legal status and interpretation of
patient privacy, see Wikipedia's article about HIPAA at:
http://en.wikipedia.org/wiki/HIPAA.
These questions do not always have clear-cut answers. There may or may
not be special laws in your state to protect the confidentiality of
psychotherapy. The legal status of therapy is still ambiguous in many
states. Even in those where laws have been passed, legal protection is
sometimes not reliable unless your therapist is willing to face a jail
sentence if need be to maintain the confidence you have entrusted in
him. If you feel a situation is likely to arise that would put legal
pressure on your therapist to release information about you (for
example, in a child-custody hearing), you should ask your therapist
what his or her commitments to confidentiality are.
"_Leaks_"
More frequently, confidentiality is broken due to informality {261}
rather than due to an intentional release of information. For example,
if you are referred to another therapist or to a physician, the chances
are that information about you will be shared by your original
therapist with the new therapist or doctor. You can ask your therapist
_not_ to release information in this way, but if you do, the care you
receive as a result of the referral cannot benefit from your first
therapist's understanding of you. On the other hand, if you do permit
your file to be shared with a new therapist or doctor, you will
probably not know in advance know what his or her own policies about
confidentiality are.
There is a second way that information about you may be released.
Often, therapists discuss information about their clients with
colleagues in an effort to provide better help for them. It is often
to your definite advantage to have other therapists share their
assessments and ideas with your therapist. But if you ask your
therapist to refrain from discussing your case with professional
colleagues, he or she will very likely agree to cooperate with you.
If you believe you have special reasons to be concerned about
protecting the confidentiality of your relationship with your
therapist, it will help him or her to know this, and it may be possible
to request that special precautions be taken to protect your file from
access by others.
Public-domain text, read in full here on John Shaqi.
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