Client Confidentiality
Have you ever been confused about client confidentiality, how to best protect it, or what to do if someone asks you about your client’s care?
If so, welcome to the club.
That’s why we want to shed some light on personal records and confidentiality…
What is client confidentiality?
We like this definition (and some related how-to’s) from a BMJ article geared toward student doctors in the UK:
Confidentiality in the medical setting refers to “the principle of keeping secure and secret from others, information given by or about an individual in the course of a professional relationship,” and it is the right of every patient, even after death.
For all health + wellness professionals, client confidentiality generally refers to the right of clients to keep their information and records private. Confidentiality represents our ethical obligations and duties as practitioners, related to keeping and handling private health information.
Why does confidentiality matter?
You are a practitioner…and there are also times that you are a client. Likely, then, you already know why confidentiality is important. But sometimes it can be hard to put into words. Here’s our best shot.
Confidentiality matters because:
• It’s a set of practices that guide practitioners through the complex, sometimes scary world of personal - and sensitive - information.
• It assures clients that their health information is safe and only will be used for the purposes of improving health outcomes.
• It protects clients’ information and establishes their trust in you, the practitioner. Clients are more likely to disclose health information if they trust you.
• It serves your best interest: Confidentiality privileges allow the practitioners to establish deeper relationships with their clients, based on trust and open communication.
• It sets a higher standard of care.
• You are better equipped to collaborate with HIPAA compliant practices.
Health + wellness professionals who take confidentiality seriously are more likely to have clients who report their symptoms honestly. This enables you, the practitioner, to make better-informed decisions, and personalize treatment plans that lead to better outcomes.
Does this apply to you?
If you are a health + wellness practitioner who sees clients then, yes, this applies to you. Whether the information pertains to a client’s birthdate, what occurred in a session, or their symptoms, the information you receive from your client-practitioner interaction should be kept confidential.
One form of confidentiality includes HIPAA compliance. HIPAA stands for the Health Insurance Portability and Accountability Act. In 1996, when the act was signed into law, it was designed to protect employees’ health insurance coverage, as well as hold the health insurance companies accountable. This became the first step in a process of regulations designed to protect health information. Read more about HIPAA here (link to blog, ‘What is HIPAA’).
What is the difference between Confidentiality and HIPAA?
Professions that are not licensed by a state and/or don’t accept insurance are typically not required by law to follow HIPAA regulations; this includes many wellness professions. That said, it’s an increasingly nuanced field and it’s best to learn more about HIPAA regulations (see resources, below), as well as discuss your individual case with legal counsel.
Lack of HIPAA regulation, however, does not give you permission to share your client’s information or discuss their care openly. No one will come knocking on your door to hold you responsible if you do, but it is not ethical. Nor does it exude integrity.
Think on it: If your clients were to find out that you shared information without asking permission, would they trust you? Most likely, no. And then they may think twice when sharing information with you. Will you be able to take good care of someone who is not telling you the whole truth? Probably not.
It is in everyone’s best interest to keep your client’s private information confidential, whether you are required by law or not.
How can you maintain Client Confidentiality?
Some tips of the trade:
• Keep client records in a safe spot. If forms are handwritten, store them in a place that others do not have access to (e.g. do not leave records in a shared office, keep them in a locked and designated file cabinet). If the forms are digital, use a password-protected online folder or secure software like Coherent Health.
• Do not share a client’s information unless you obtain their explicit Consent. While you can do this verbally, it’s best to maintain a formal, written record. Members of Coherent Health can find a sample Consent form here: User Profile < Edit Profile < Consent box (at bottom of the page).
• Do not share a client’s information over text or email. If you have to, omit their name or any information that can identify them. The best practice, however, would be to talk with a collaborator on the phone, or on Coherent Health’s secure chat.
• When in doubt, err on the side of caution and confidentiality!
Want to learn more about the wide world of confidentiality and HIPAA?
Continue here:
Confidentiality versus HIPAA. A very readable conversation by two savvy bodyworkers.
Protected Health Information by the experts at the HHS
What is HIPAA? Read our blog.
This document does not constitute legal advice.