Does a Licensed Specialist Clinical Social Worker have to follow HIPPA laws Plea!


Question: Does a Licensed Specialist Clinical Social Worker have to follow HIPPA laws Please HELP!!!?
We need to talk with my MIL's Licensed Specialist Clinical Social Worker about her!. Can he tell us info and can we tell him infor without violating any laws!. We think he may be helping her to find an apartment or do something else!. She will not talk about what she is doing!.

More info!.!.!.my MIL plan to leave our home!. She is mentally unstable, has dementia and is physically unable to care fore herself!. She needs assisted living and that is the plan for her but she is refusing!. WE are getting Durale power of attorney over her so that we can make ALL her decisions for her!. She does have her daughter as her medical power of attorney now!.

Can we get info to him and from him without her permission!?
Thanks!Www@Answer-Health@Com


Answers:
You cannot get info from him/her with MIL's permission!. That is a privacy violation!. The clinician can't even acknowledge MIL is a patient!.

The person holding the MPA may be able to access certain information, but psych info is highly guarded!. It would really depend on what the MPA covers!. Typically, there has to be a specific statement/check box to include mental health issues in the Power of Attorney

That said, approach him by stating I know you can talk to me about MIL, but will you be willing to listen to some concerns I have about her!.

A DPA is probably not enough to cover your situation!. Use your local probate court as a resource to look into becoming the medical guardian, or having MIL declared incompetent!.Www@Answer-Health@Com

If you already have a medical power of attorney then yes, the LCSW can talk with you!. Otherwise, she (or he) would need the client's consent to release any information!. However, you can tell him all your concerns - as you are under no obligation to keep things confidential!. Also, consult APS (Adult Protective Services) in your area!. They will likely be able to give you good advice or walk you through getting legal control!. Www@Answer-Health@Com





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