HSE 340 Module 4 Discussion PDF

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HSE 340 Module 4 Discussion As a probation officer, I am not under the covered entities such as HIPAA and 42 CFR Part 2. My client should understand that because I am not under these covered entities, I can share personal health information that is disclosed to me by understanding my role which is the parole officer. If I redisclose this information I will not be affected by the HIPAA or 42 CFR Part 2. What I should remember though is that I can be controlled under some state laws that prevent me from sharing my client’s information. Since the client is the one that informed me of his usage of an illegal substance and he/she is in the criminal justice system in a treatment facility that was ordered by the court, according to the article Information Sharing in Criminal Justice – Mental Health Collaborations: Working with HIPAA and Other Privacy Laws “I can receive and disclose the information to appropriate professionals, including the mental health treatment court team, and eventually the court system (Petrila & Fader-Towe, 2010). Because the law in each state is different, I need to research how the state that I am in reacts to the situation before I release information that is not needed. This PHI was given to me by the client and was permitted to share and he/she was sent to get treatment by the court, therefore, I can share this information with the mental health court team. The team needs this information so that they can make the necessary changes in the treatment process to better help the client. I have the right to inform the mental health treatment team of illegal substance usage. After all, I am supposed to protect my client because I must do so. One circumstance that I the probation officer would need court approval to share PHI with the substance abuse treatment team would be if I received my client’s PHI from an entity that is under the covered entities. One way to go about this is to “have the court obtain the client’s permission for disclosure of PHI as a condition of community supervision or incorporate a provision in the court order that permits the probation officer to collect or share health-related information when necessary to observe compliance with the conditions of the release” (Petrila & Fader-Towe, 2010). Sometimes there are some situations where limited information is shared because of specific reasons.

Reference Petrila, J., & Fadar- Towe, H. (2010). Information Sharing in Criminal Justice - Mental Health Collaborations: Working with HIPAA and Other Privacy Laws. Bureau of Justice Assistance. https://bja.ojp.gov/sites/g/files/xyckuh186/files/Publications/CSG_CJMH_Info_Sharing.pdf...