Assignment Task:
As a counselor, my client's wellness is my best interest at hand. I would inform the probation officer that Doug is my client, and I am obligated under the Health Insurance Portability and Accountability Act (HIPAA) to protect his confidentiality while under my care. The Privacy Rule standards address the use and disclosure of individuals' health information-called "protected health information" by organizations subject to the Privacy Rule - called "covered entities," as well as standards for individuals' privacy rights to understand and control how their health information is used. In addition, Part 2 protects "records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States (U.S. Department of Health and Human Services, 2022).
I would discuss with the probation officer that I will only reveal information about Doug if I am legally obligated by a court order, which, in that case, will be minimal disclosure. According to the American Counseling Association Code of Ethics (2014, B.1.c, B.2.e), counselors protect the confidential information of prospective and current clients. Also, when circumstances require the disclosure of confidential information, only essential information is revealed. I would sit down with Doug and keep him informed. I would educate him on his rights and allow him to make a decision on how he would like to proceed. All in all, if Doug does not want me to release any information, then I would advise the probation officer of his response and his rights. However, if Doug decides to allow me to release information on his behalf, then I would have him fill out a written consent form.
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