Question 1
AdvancedValues and Ethics · Legal and ethical issues regarding confidentiality, including limitations of confidentiality (e.g., HIPAA, PHI, privacy)
Riverbend Community Health Center is an integrated primary care and behavioral health facility serving an urban, medically underserved population. The center provides primary care, outpatient substance use disorder treatment, and psychotherapy. The behavioral health division employs licensed clinical social workers, professional counselors, and psychiatric nurse practitioners.
An advanced generalist social worker at the clinic receives a formal subpoena duces tecum signed by a private attorney representing the opposing party in a contentious personal injury lawsuit. The subpoena demands the immediate release of a psychotherapy client's complete clinical record, including intake assessments, psychiatric diagnoses, and detailed psychotherapy process notes. The client has neither signed an authorization to release protected health information nor responded to the attorney's document request.
What should the advanced generalist social worker do FIRST in response to the attorney's subpoena?
Answer and explanation
Correct answer: D
An attorney's subpoena is not a court order. The social worker must assert privilege to safeguard confidentiality until the client authorizes release or a judge orders disclosure.
