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?