Case Study: Legal/Ethical issues|Essay pro

Posted: February 1st, 2023

For this week’s content module read the Case Study on pages 142 of the text, then answer the following questions:

1. What key legal issues are present in this scenario? What key ethical issues are present?

2. What options does Consuela have in this situation? What should she do?

Text: Generalist Case Management, 5e (pinata.cloud)

Generalist Case Management A Method of Human Service Delivery 5th Edition

Marianne R. Woodside Tricia McClam

CHAPTER 4

Ethical and Legal Perspectives

Introduction

Sometimes client confidentiality can be maintained. But there are other times that the case manager must break confidentiality, especially when suspicion of harm to self or other is involved.

Working with families is often integrated into the case management process. Sometimes families can enrich and support the helping process; sometimes they can cause difficulties.

In many situations, finding the appropriate resolution is difficult and challenging. Case managers use codes of ethics, the law, and agency policies and procedures to guide their practice.

Confidentiality, Slide 1

The obligation of confidentiality is fundamental to developing a relationship between the helper and the client.

Confidentiality: information disclosed during the helping process is kept in confidence.

Confidentiality helps the client feel free to share concerns and issues.

Trust between the helper and the client is a prerequisite to the success of their relationship.

There are exceptions to case managers maintaining confidentiality including entering into a electronic system, talking to colleagues during consultation, or working under supervision.

Confidentiality, Slide 2

Five Standards for Confidentiality 1) The case manager keeps client information confidential except when the client intends to harm self or others or if the client has been neglected or abused or reports neglect or abuse of others. 2) When information needs to be shared with colleagues, the client will be informed of: who will be told, the reason for the disclosure, and what information will be disclosed. 3) If the client consents, some information will be disclosed to family and friends.

4) The case manager must testify in court regarding information about the client, unless protected by the state. 5) The case manager must ask for the client’s permission to release information.

Confidentiality, Slide 3

The Health Insurance Portability and Accountability Act of 1996 (HIPPA) protects the confidentiality of client health records by allowing patients access to their medical records, requiring health professionals to explain how they will use patient information on health records, limiting the personal information a health professional may share with others, and allowing patients to request confidential communications.

The Family Educational Rights and Privacy Act (FERPA) protects the educational records of children. It allows parents and children to view their educational records, to request copies, and to amend these records. FERPA also requires that schools get permission before releasing students’ records with certain exceptions.

Having sensitive information about clients often causes dilemmas for case managers.

Confidentiality, Slide 4

The case manager should address certain matters before collecting any information, to anticipate any confidentiality problems:

What does the case manager need to know to do the job, and why?

What should become part of the permanent record?

What understanding should exist between case manager and client about why the information is being sought, how it will be used, and the client’s right to refuse to answer?

Under what circumstances should information be shared?

A good outline of information to be gathered keeps the case manager focused on appropriate and relevant areas to probe.

Confidentiality and Working with Minors

Though there are cases with legal exceptions, parents must provide consent for a minor’s treatment; minors provide assent.

In general, a parent’s consent to treatment secures the parent’s right to know about the treatment of the minor.

Confidentiality issues between parents and minors present an opportunity for the case manager to discuss confidentiality with both parties; this conversation should happen at the beginning of the case management process.

Legal and ethical guidelines for working with minors and maintaining confidentiality suggest that case managers consider the minor’s physical and developmental age, competency, and their best interests when making confidentiality decisions.

Confidentiality and Technology, Slide 1

As case managers increase their use of technology to communicate, store, and retrieve information and care for clients, considerable concern is developing about client confidentiality.

There are three areas of security and confidentiality to address: security of the data, use of email and social media, and securing the communication site (Remley, 2011). Security issues can be addressed through use of encryption programs, firewalls, and required authentication for remote access.

Several measures can be used to address security issues:

Use of encryption programs to scramble data and protect data being transmitted

Use of firewalls for data stored on the Internet

Required authentication for remote users

Confidentiality and Technology, Slide 2

Many clients are beginning to communicate with their case managers online and through social media sites. Many agencies developed or are developing a policy related to agency use of email or social media.

Guidelines for electronic work in a shared space include using a screen saver and password to control access to your digital files, securing the network, securely storing physical files when they’re not in use, being careful with documents while traveling, and refraining from working on sensitive materials in public.

Additional safeguards for a shared workspace include compiling a list of all technology being used, evaluating the risks of each to patient confidentiality, making changes in the procedures that contribute to the risk, and discussions with those with whom the space is shared.

Confidentiality and Interpreting

Another concern about confidentiality is working with a client who uses an interpreter.

Interpreters are guided by a code of ethics, and may be certified. The code of ethics requires interpreters to maintain confidentiality.

Case managers should expect interpreters to speak clearly, convey the tone and emotions of the speaker, remain impartial, and have no unnecessary discussions with participants.

Family Disagreements, Slide 1

Working with clients and their families is an important part of case management as families can often provide support to clients that will help them meet their goals.

SOLUTION

Generalist case management is a method of human service delivery that involves a trained professional who works with clients to assess their needs, identify and connect them to appropriate resources and services, advocate for them, and monitor their progress over time.

The goal of generalist case management is to help clients achieve their goals and improve their overall well-being by coordinating and facilitating access to necessary services and support. It is often used in the fields of health, social work, and community-based organizations, and is characterized by a holistic, client-centered approach.

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