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Confidentiality. Ethical Codes and Legal Mandates. What is ‘Confidentiality?. Confidentiality is……. A decision An promise A protection. Why is ‘Confidentiality’ so important?. Confidentiality is affected by:. Ethical Codes Legal Mandates. Confidentiality and Ethical Codes.

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  1. Confidentiality Ethical Codes and Legal Mandates

  2. What is ‘Confidentiality?

  3. Confidentiality is…… • A decision • An promise • A protection

  4. Why is ‘Confidentiality’ so important?

  5. Confidentiality is affected by: • Ethical Codes • Legal Mandates

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

  7. Confidentiality and the Law

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

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

  10. 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

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

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

  13. Pennsylvania State Laws • 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 -4 PA Code Chapter 255.5: State Plan for the Prevention, Treatment, and Control of Drug and Alcohol Abuse -28 PA Code Section 709.28 State Regulation of General Treatment Standards • 42 PA Code 6351.1 (Act 126)

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