2. Confidentiality Ethical Codes and Legal Mandates

3. What is ‘Confidentiality?

4. Confidentiality is…… A decision A decision An promise An promise A protection A protection

5. Why is ‘Confidentiality’ so important?

6. Confidentiality is affected by: Ethical Ethical Codes Legal Legal Mandates

7. Confidentiality and Ethical Codes IAPSRS Code of Ethics IAPSRS Code of Ethics -Major Ethical Principles: II-E -Ethical Responsibilities to People -Ethical Responsibilities to People Receiving Services: II-A-9 -Confidentiality and Privacy: II-E-1,2,3,4 Other relevant Codes have similar ideas Other relevant Codes have similar ideas

8. Confidentiality and the Law

9. Federal Confidentiality Laws 42 U.S.C. 290dd-3 Federal Alcohol Law 42 U.S.C. 290dd-3 Federal Alcohol Law 42 U.S.C. 290ee-3 Federal Drug Law 42 U.S.C. 290ee-3 Federal Drug Law 42 C.F.r. 2.1 (Code of Federal 42 C.F.r. 2.1 (Code of Federal Regulations) Regulations) Americans with Disabilities Act of 1990 Americans with Disabilities Act of 1990

10. Exceptions to the Federal Regulations Valid Consent Valid Consent QSO QSO Criminal Behavior on premises Criminal Behavior on premises Medical Emergencies Medical Emergencies Child Abuse and Neglect Child Abuse and Neglect Internal Case Consultation and communications Internal Case Consultation and communications Research and Audits Research and Audits

11. The 1996 HIPAA Law The Health Insurance Portability and Accountability Act of 1996 To prevent discrimination based upon prior health history To reduce fraud and excessive costs

12. HIPAA Website Information http://www.hhs.gov/ocr/privacysummary.pdf 25 page summary updated on May 2003

13. Two Paragraph Summary of HIPPA Everything up front Everything up front Pros and Cons about Electronic Pros and Cons about Electronic Communication Communication Grievance Procedures Grievance Procedures Clarity of procedures about PHI Clarity of procedures about PHI PHI includes health costs information PHI includes health costs information Minimum level of disclosure always! Minimum level of disclosure always!

14. Pennsylvania State Laws Title 50: Mental Health Procedures Act Section 7111 of 1976 Title 50: Mental Health Procedures Act Section 7111 of 1976 -55 PA Code Section 51300.37 71 P.S.Section 1690.108 (Act 63) of 1972 71 P.S.Section 1690.108 (Act 63) of 1972 -4 PA Code Chapter 255.5: State Plan for the Prevention, Treatment, and Control of Drug and Prevention, Treatment, and Control of Drug and Alcohol Abuse Alcohol Abuse -28 PA Code Section 709.28 State Regulation of General Treatment Standards General Treatment Standards 42 PA Code 6351.1 (Act 126) 42 PA Code 6351.1 (Act 126)