Assume you are working as a licensed clinical social worker. You receive a phone call from an attorney stating they are representing a client in a divorce case. The attorney’s client is married to one of your clients. The attorney requests a copy of your client’s file. The attorney mentions they have, or can get, a subpoena for the file. The attorney wants you to fax over a copy right away.

For this discussion, answer the following:

What actions would you take?
What specific aspects of HIPAA apply?
How would you respond if you are presented with a subpoena for a client’s file?
How does the principle of minimum necessary inform your response?

 

 

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