An Electronic Newsletter for the NASW Washington State Chapter
March 2011 Volume 1, Issue 2
shoes” of the deceased for purposes of carrying out any legal activities.
creating an addendum or closing summary may ease some of the concerns as to whether the file will be sufficiently understood by the requestor. In any situation where there is notice of legal action against the social worker, the professional liability insurer should be immediately contacted.
Analysis and Conclusions A straightforward request for clinical records may be made for many purposes unrelated to possible action against the social worker. Social workers who are concerned about the consequences of releasing confidential information about a deceased client also need to be concerned about the consequences of not releasing information when the request is made with legitimate authorization from a legal representative for the estate. From a legal perspective, a request from the executor or administrator of a deceased‟s estate has a similar legal status to requests made by the client. The executor or administrator may be said to “stand in the NASW WA Chapter Office 522 N 85th St. #B-100 Seattle, WA 98103
HIPAA offers social workers with credible concerns about possible danger to the requesting person or another individual some options to prevent harm that may result from accessing confidential information. This may include withholding specific portions of a client‟s record or obtaining the requestor‟s consent to release the information to a responsible and appropriate third party such as a treating clinician or legal counsel. If a social worker has additional clinical material to contribute or wishes to provide an overview of significant elements of the treatment process, Website: www.nasw-wa.org Email: info@nasw-wa.org
Protecting the privacy interests of clients does not end with the client‟s death. The social worker needs to be aware of the continuing ethical limitations and legal exceptions to be considered in any request for a deceased client‟s records. References 45 CFR § 164.502 (2003). [Online]. Available at http://www.access.gpo.gov/nara /cfr/waisidx_03/45cfr164_03.ht ml (last visited October 4, 2010). 45 CFR 164.512 (2003). [Online]. Available at http://www.access.gpo.gov/nara
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