Confidentiality and Disclosure

Abstract

Although confidentiality is discussed throughout this text, the complexity and importance of the surrounding issues suggest that focused attention is needed. Accordingly, this chapter focuses on the concept of confidentiality and associated legal and ethical responsibilities. The chapter discusses both existing protections of client confidentiality, such as the Health Insurance Portability and Accountability Act (HIPAA) and the Confidentiality of Alcohol and Drug Abuse Patient Records Act, as well as situations in which disclosure is permitted or mandated, e.g., the social worker-client privilege in court; the duty to warn; the disclosures mandated by law, such as the reporting of child and elder abuse; and the responses to subpoenas.