Confidentiality

Question 1

42 CFR Part 2

Answer 1

Intent: To ensure that individuals seeking treatment are “not made more vulnerable than those who do not.”

A program or court MAY NOT disclose any client-identifying information; current, past, or potential clients

Question 2

Exceptions to Confidentiality (9)

Answer 2

1. No patient-identifying information
2. Consent
3. Court order
4. Medical emergency
5. Qualified service organization agreement
6. Internal communications
7. Research and audit
8. Crime on premises or against program personnel
9. Reporting suspected child abuse and neglect

Question 3

Subpoenas and Court Orders

Answer 3

Order w/o Subpoena = MAY disclose

Order w/subpoena = MUST disclose

Subpoena w/o order = MUST NOT disclose

• Records cannot be requested to criminally investigate or prosecute a client

Question 4

Crime on Premises or Against Program Staff

Answer 4

May disclose NECESSARY info to law enforcement when:

• client commits or threatens to commit a crime on program premises or against anyone
• against program personnel anywhere

Question 5

Reporting Suspected Child Abuse and Neglect

Answer 5

42 CFR Part 2 allows for initial report of suspected child abuse and neglect and to confirm this report in writing.
- There must be evidence that there is danger of harm to child, actual or imminent

IC 31-33-5: “Individual who has reason to believe a child is the victim of abuse or neglect shall make an oral report to child protective services or a local law enforcement agency.”

Question 6

Court Testimony

Answer 6

May testify to confidential information in court about an individual’s participation in the program/court:

• Must be in connection with the case for which the individual was referred to the program
• Redisclosure in this context is authorized to carry out official duties; consent from client is not needed
  - Do not share unnecessary info unrelated to program compliance

Question 7

Two Types of Consent

Answer 7

1. Non-revocable
   
   • Criminal justice contact form; required for client’s completing program as condition of parole, probation, PTR, judgment withheld, etc.
2. Revocable
   
   • General consent form; used in juvenile and civil psc or when client wishes to designate someone to receive confidential information

Question 8

Elements of Consent Form (8)

Answer 8

1. Name of program disclosing info
2. Person/organization receiving info
3. Name of client
4. Purpose of disclosure
5. Amount and type of information to be disclosed
6. Signature and date signed
7. Revocability, if applicable
8. Expiration date or condition

Question 9

Prohibition of Redisclosure

Answer 9

42 CFR Part 2 prohibits you from redisclosing confidential info unless you have consent or one of the exceptions of consent apply

Each disclosure made pursuant to written consent must be accompanied by a written prohibition on redisclosure