Confidentiality and Privacy: Information is not shared with others without your consent, except for situations specified by law. (See exceptions below). We will ask for a written release of information so that you are aware of information that is being shared. Our office frequently will send you a copy of correspondence sent to others on your behalf.

Children under 18 years of age technically do not have confidentiality rights, but it is my goal to give that to children, especially teenagers, as much as possible. I discuss with teens issues that they do or do not wish shared, and try to respect that. It has been my experience that almost all parents understand such confidentiality is necessary to the counseling experience. However, I do share in general terms with parents information about children, so that parents can understand the child better.

Exceptions about Confidentiality:
The following are exceptions allowed or required by law

1. When there is a threat against another person. 

2. Where there is a threat against one's own life.

3. When there has been physical or sexual abuse of a child or elderly person. (in this case, the counselor, by law, must report abuse).

4. When a court orders or allows a subpoena of the records of a person*

* You may unwittingly lose your right to confidentiality in lawsuits.  For example, you are involved in a car accident. You sue the person who caused the accident because of your pain, suffering and trauma, as well as expenses for injuries.  Because you initiate the lawsuit, your entire life likely becomes open for investigation.  Thus the opposing side may have the right to subpoena information regarding your emotional health.

Managed Care Means Shared Information: Managed care plans require the sharing of information about you and your condition. This is required in order to get authorization and thus payment for services. In theory, this information is confidential. However, the managed care companies may share with the employer general statistical information, such as how many people accessed care, the average number of visits, and perhaps even the type of diagnoses. Some people choose to pay for their counseling themselves in order to ensure confidentiality.

Filing Insurance Leaves a Trail, too: In order to file insurance, there must be a "medical necessity" to your counseling.  A diagnosis needs to be made and filed.  That diagnosis can have some consequences for you.  Unfortunately there have been cases of denied health or life insurance, or difficulty with government related jobs or military.

If you file health insurance claims, that information most likely gets entered into a data bank about your health, in the same way that diagnoses in a physicians office, hospital or the prescription you receive is also tracked with your medical history.

Private Payment leaves the least trail, and it can be up to you whether you disclose that information. Also with private payment, there does not need to be a diagnosis.  Thus since no diagnosis has been made, there may be little consequence to your counseling.

 

Home

© 2011 John E. Swank, MS, LPCC   Swank Counseling , 21 Robinhood Lane, Troy, OH 45373