Michell Riske-Morris, PhD, JD provides an overview of consent and confidentiality when dealing with clients and families that at once adhere to all HIPAA regulations while making it less cumbersome for clients and families
Understanding and complying with these confidentiality provisions is an essential part of case management practices. It is important to ensure that self-incriminating statements shared during a conference are not later used as evidence against a youth in delinquency adjudications or criminal trials. It is also important to avoid a net widening effect as the client becomes involved in multiple systems. Difficulties against unlawful disclosure are compounded as more agencies are involved.
The bottom line is that it is best to secure written consent from youth and parents, which include written statements that describe the purpose of case management, public policy needs, agencies’ ability to receive and disclose information on an as needed basis, how agencies will use data obtained from disclosures and expected outcomes.