News & Updates from Monahan Law Group, LLC

March is Social Work Month

This March, Monahan Law Group continued to engage in issues that impact social workers and, in turn, the communities they serve. Joe Monahan presented to New Trier High School's social workers and members of the Illinois Association of School Social Workers. Joe Monahan and Joe Willuweit serve as members of the NASW special interest group for telehealth. Additionally, Joe Monahan, president of the malpractice insurance company for NASW, wrote an article on the recent victory at the North Carolina Supreme Court which affirmed social workers' obligation to report child abuse and their protection from retaliatory actions for reporting.

Social work professionals impact people in meaningful and positive ways. We are proud to call many of them clients and to provide guidance as they face the legal challenges in their practice. From subpoenas to contracts to confidentiality and more, we provide essential legal and risk management services to protect them.

Monahan Law Group, LLC salutes all social workers during Social Work Month. Thank you for all you do!

Changes to the rules include:

  • Allowing for a general designation of to whom information may be disclosed (e.g. "to my current and future treating providers") if the entity is not the patient's treating provider
  • Requiring written authorizations to contain an explicit description of the substance use disorder information that may be disclosed
  • Applying Part 2 data security rules to all other lawful holders of patient identifying information, more closely aligning with HIPAA
  • Clarifying that patient identifying information may be disclosed to medical personnel in a bona fide medical emergency where informed consent cannot be obtained
  • Adding or altering the definitions of "substance use disorder," "treating provider relationship," "disclose," "patient," "patient identifying information," and more SAMHSA intends to issue additional guidance sometime after publication of the final rule.

For questions related to the new rules, and other areas of confidentiality, please contact our office.