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February 06, 2012
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Current State of Confidentiality Law

One expert has described the current law governing the confidentiality of health care information as a “crazy quilt of Federal and state constitutional, statutory, regulatory and case law” that “erodes personal privacy and forms a serious barrier to administrative simplification” (Waller, 1995, p. 44). This aptly describes the current legal framework for the confidentiality of mental health and substance abuse information as well.

There is at present no national standard for the confidentiality of health care information in general or mental health information in particular. Rather, each state has laws that establish confidentiality rules and exceptions. In response to a serious public policy concern that the criminal justice ramifications of use of illegal substances would significantly deter individuals from seeking substance abuse treatment, a national standard governing the confidentiality of substance abuse treatment information was codified. However, there often are significant differences among states and between the state and Federal requirements, which can create problems for the administrators of health care plans and for those providing treatment for people with co-occurring mental illness and substance abuse disorders. Read more at surgeongeneral.gov

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Did You Know?    
 
 
Alternative Dispute Resolution describes problem-solving processes

Alternative Dispute Resolution describes problem-solving processes that promote creative solutions to disputes that are unavailable in traditional dispute resolution forums. May include a specialist

 


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Attorney General Takes Action
Deceptive business cards, embellished credentials among consumer law violations

EL PASO - Texas Attorney General Greg Abbott has obtained a...

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Executive Order: Protecting the Property Rights
Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the ta...
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Current State of Confidentiality Law
One expert has described the current law governing the confidentiality of health care information as a “crazy quilt of Federal and state constituti...
Read more >


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Legal Terms

 


Today's Terms

Misdemeanor

Definition:
A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C.

Litigant

Definition:
A party to a lawsuit; one engaged in litigation.

Admission

Definition:
statement tending to establish the guilt or liability of the person making the statement.

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