client claiming hippa violation

[helperformany]

What is the name of your state (only U.S. law)? oregon

I am a therapist in private practice who provides mental health service to families. I am currently working with a 17 year old client who was experiencing anxiety and depression related to her parents' highly conflicted divorce. While the 17 year was the client, I did meet with both parents to address the client's needs. Due to the level of conflict, a parent evaluation was ordered to determine custody, etc.. for the client and a younger sister. Both parents signed releases of information (pertaining to the client) to the evaluator. At this time the mother is stating that I have violated her confidentiality by discussing her parenting (that I obseved in session) with the evaluator. Do I have a liability issue?

[lealea1005]

Originally Posted by helperformany

What is the name of your state (only U.S. law)? oregon

I am a therapist in private practice who provides mental health service to families. I am currently working with a 17 year old client who was experiencing anxiety and depression related to her parents' highly conflicted divorce. While the 17 year was the client, I did meet with both parents to address the client's needs. Due to the level of conflict, a parent evaluation was ordered to determine custody, etc.. for the client and a younger sister. Both parents signed releases of information (pertaining to the client) to the evaluator. At this time the mother is stating that I have violated her confidentiality by discussing her parenting (that I obseved in session) with the evaluator. Do I have a liability issue?

First...it's HIPAA (Health Information Portability and Accountability Act), not HIPPA.

Was the information regarding you observation of her parenting skills included in the clients record? If so, and you have signed releases for "any and all" information included in the clients record, you should be ok.

[ecmst12]

HIPAA does not apply here - the mother has no treatment relationship with you, your sessions with her were to discuss the child. And more to the point, the release will certainly protect you.

[lya]

HIPAA violations are concerned with breaching the "need to know" standard. An evaluator would "need to know" parenting skills that were observed; therefore, providing/revealing the information is in keeping with HIPAA's intent.

HIPAA only applies to covered entities. It is possible that a therapist in private practice is not a covered entity. The OP should go to the HIPAA site and see if he/she is even held to HIPAA.