Ethical & Professional Considerations Flashcards
(46 cards)
Confidentiality
The ethical duty to protect from disclosure any information about a client, research or evaluation subject, supervised, employee, etc., obtained during the course of a professional relationship. A social worker can disclose confidential information, when appropriate, with valid consent from a client or a person legally authorized to consent on behalf of a client. In addition, the assumption that a social worker will keep information confidential does not apply when the worker needs to disclose certain information to prevent serious, foreseeable, and imminent harm to a client or another identifiable person or when laws or regulations require the worker to disclose certain information without a client’s consent. Confidential information includes the identity of the client, content of things said by the client, professional opinions about the client, and material from the client’s records
Flat-Rate Fee
A fixed, pre-established fee charged by a professional for a particular service. The fee for a given service is the same for every client, and the amount charged is related to the service itself other than the client’s ability to pay
Living Will
A type of advance directive in which a person documents in advance the kind of care he/she wants to receive and not receive at the end stage of life in the event that he/she is no longer able to communicate these preferences at that time
Ombudsman
(a) An advocate or spokesperson for the people who are served by an organization to ensure that the organization’s obligations, ethical duties, and rule are being followed, or (b) an individual employed by an organization to investigate potential illegal and/or unethical activities or unintended harmful consequences stemming from the organization’s activities and to facilitate fair negotiations or actions toward satisfactory solutions
Subpoena
A written legal document requiring a person to appear in court to testify at a certain time and/or to produce certain written records
Adult Protective Services (APS)
Social, medical, legal, residential, custodial, and other services provided for adults who are unable to provide this care for themselves and have no friends, family, etc., who can provide the care. Individuals who receive these services are typically unable to act for themselves, which places them at risk for being harmed or harming others. Eligibility or need for services is usually determined by the courts
Copayment
Condition of an insurance policy that requires the patient to contribute to the cost of the service he/she receives. Typically, the policy holder must pay a percentage of the service fee, and the insurance company pays the balance
Fourth Party
Fiscal intermediary between a provider of a social or health care service, the individual receiving the service, and the organization that pays for the service. A third party provides payment for the services, and the fourth party provides administrative support
Malpractice
The injurious or unprofessional treatment of a client/patient by a practitioner (social worker, psychotherapist, psychiatrist, physician, etc.). Malpractice is generally covered under tort law. A malpractice claim requires that three conditions be met: there must be a relationship between the practitioner and the client that implies a duty, there must have been a breach of that duty, and the breach must have caused the client some identifiable harm
Omnibus Budget Reconciliation Act of 1981 (Obra; P.L. 97-35)
Federal legislation that amended Title XX of the Social Security Act. The Act decentralized many social services programs, funding activities, and duties from the federal to state governments, mainly through the use of a block grant
Subpoena Duces Tecum
Subpoena requiring a witness who is called to bring to court, or to a deposition, any relevant documents he/she possesses
Brown V. Board of Education (1954)
U.S. Supreme Court decision that racial segregation of public schools was illegal; the ruling declared that the “separate but equal” interpretation of the Fourteenth Amendment was unconstitutional
Duty To Warn (Duty to Protect)
Technically refers to the duty to notify the police and to attempt to warn the victim when a client reveals a serious intention to harm a reasonably identifiable individual. The “duty to warn” which is sometimes called the “duty to protect” was first laid out by the Tarasoff decision in California in the 1970’s. A subsequent rehearing of Tarasoff established a more flexible “duty of care” which may or may not involve warning the intended victim; That is, to fulfill his/her “duty to warn” an intended victim, a therapist may warn this person, notify the police, or take other reasonable steps
Guardian Ad Litem
A person (usually an attorney) appointed by the court to represent the child(ren) in a legal dispute concerning their custody or welfare. This person is empowered to investigate the background, living conditions, family relationships, and any other relevant matter in order to make a recommendation to the court as to what would be in the best interests of the child(ren) in terms of placement, visitation, and other matters ruled on by the court. The guardian usually makes a report to the court recommending an outcome. The judge, however, makes the final determination on the disposition of the child(ren)
Medicaid
Social security program providing medical and health related services for individuals and families with low incomes through direct payment to suppliers of the program. Low income is only one test for Medicaid eligibility; assets and resources also are tested against established thresholds determined by each state (i.e., means testing). Within federal guidelines, states have discretion in financial criteria for eligibility. States must cover categorically needy individuals, however, which usually includes recipients of SSI and families with dependent children receiving cash assistance, as well as other mandatory low-income groups such as pregnant women, infants, and children with incomes less than a specified percent of the federal poverty level. States must also cover certain low-income Medicare beneficiaries
Protective Services
Intervention on behalf of individuals who are or may be in danger of harm from others or who are unable to care for themselves (e.g., children, the elderly, the disabled). The main activities include investigation situations in which a person is alleged to be at risk, minimizing further risk, improving current conditions, accessing resources, and facilitating placement in alternative environments when necessary
Values (Of The Social Work Profession)
Principles and standards of conduct for social workers, which include the following: (a) a commitment to the primary importance of the individual in society; (b) respect for the confidentiality of relationships with clients; (c) a commitment to social change to meet socially recognized needs; (d) a willingness to keep personal feelings and needs separate from professional relationships; (e) a willingness to transmit knowledge and skills to others; (f) respect and appreciation for individual and group differences; (g) a commitment to develop clients’ ability to help themselves; (h) a willingness to persist in efforts on behalf of a client despite frustration; (i) a commitment to social justice and the economic, physical, and mental well-being of all persons in society; and (j) a commitment to a high standard of personal and professional conduct
Capitation
A payment method for health-care services in which a fixed payment is made at regular intervals to a medical provider by a managed care organization for an enrolled patient. Generally, the physician, hospital, or other health-care provider is paid a contracted rate for each member assigned (referred to as “per-member-per-month” rate) regardless of the number or nature of services provided. The contractual rates are usually adjusted for age, gender, illness, and regional differences
Education For All Handicapped Children Act Of 1975 (P.L. 94-142)
Guarantees an appropriate free public education to all children ages 3 to 21 who need special education services. An individualized educational program (IEP) must be developed for each student with a qualifying disability. The IEP is written by school personnel in collaboration with the student’s parents and must provide the least restrictive environment for the student (the environment must be as similar as possible to the regular classroom setting, taking into account the nature of the student’s disability) Over time, P.L. 94-142 has been amended, and in 1990, it was renamed the individuals with Disabilities Education Act, or IDEA, (P.L. 101-476)
Holder of the Privilege
The person who decides what confidential information is to be released, particularly in the context of legal proceedings. Generally, laws related to privilege make the client the holder of the privilege
Medicare
Social security program providing health care benefits (health insurance coverage) to most people over age 64 (i.e., those who are eligible for monthly social security benefits and are U.S. citizens or permanent residents of the U.S. who have lived in the U.S. for at least five years); to some people with disabilities under age 65; and to people of all ages with end-stage renal disease (permanent kidney failure treated with dialysis or a transplant). Part A of Medicare is a compulsory Hospital Insurance (HI) program, and Part B is a voluntary program of Supplementary Medical Insurance (SMI). Part A covers inpatient hospital services, care in skilled nursing facilities, home health services, and hospice care
Psychotherapist-Patient Privilege
A legal term referring to a client’s statutory right not to have confidential information disclosed (without his/her permission) especially during legal proceedings. The legal requirements with regard to privilege vary from state to state
Vendor Payments
Money paid for services by an insurance company or government agency to a social agency, institution, or independent professional. Medicaid is the largest vendor payment system in the U.S. The government usually applies the term “vendor payment” to payments made for individuals who cannot pay for the service themselves
Advanced Directive
A legal document through which an individual makes his/her wishes known about healthcare decisions in the event that he/she should become incapacitated and unable to communicate these wishes
