Confidentiality:

rooted in a client’s right to privacy, confidentiality is at the core of effective therapy; it “is the counselor’s ethical duty to protect private client communication.

Privileged communication:

a legal concept that generally bars the disclosure of confidential communications in a legal proceeding.the specifics of this privilege vary from state to state.

Privacy:

the constitutional right of individuals to be left alone and to control their personal information 

Limits of Confidentiality

• When clerical assistants handle confidential information
• When a counselor consults
• When a counselor is being supervised
• When a client has given consent
• When a client poses danger to self or others
• When a client discloses intention to commit a crime
• When a counselor suspects abuse or neglect of a child or vulnerable adult
• When a court orders counselor to make records available

Implications of HIPAA for Mental Health Professionals

• The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was passed by Congress to promote standardization and efficiency in the health care industry and to give patients more rights and control over their health information.
• The HIPAA Privacy Rule developed out of the concern that transmission of health care information through electronic means could lead to widespread gaps in the protection of client confidentiality. 
• If Mental Health Professionals submit a claim electronically, even once, they are likely to be considered a “covered entity” for HIPAA purposes. (see related references on HIPAA in the references listed below)

1. privacy requirements
2. electronic transactions
3. security requirements
4. national identifier requirements