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304. Some psychological problems are embarassing, is the information I provide confidential?
In most states, communication between psychologists and their clients is protected by law as confidential information. Recently, there has been a Supreme Court decision affirming that right to confidentiality, and
comparing it to attorney-client privilege. In general, communication between psychologists and clients are protected by law as confidential, but there are certain exceptions. For example, psychologists have a
"duty to warn" if they learn that a client plans to harm another person, and psychologists are also legally obligated to report child abuse to the child protection authorities. Beyond these clear
exceptions, a court can supeana psychological records, and in those cases, the judge will hear arguements regarding whether the records should remain confidential. These exceptions are unusual, and do not occur
every day.
However, if you request insurance reimbursement for psychological services (or any other health service) some confidential information is communicated to the company to process the claim. In general, identifying
the patient, the diagnosis, and the dates of treatment sessions is required for reimbursement. Beyond that, information is generally protected if you have point of service coverage. But if you have managed care,
some additional information is also transferred to the company, as part of your agreement to use managed care. The managed care plan reviews and authorizes treatment, and therefore requests information to accomplish
this task. States differ in their limits on the information that can be requested by managed care, but you should be aware that all managed care plans request detailed information regarding your treatment when they
review your case for continued treatment. You should consult your plan to determine what information is typically requested. You can lobby your employer if you feel the information requested is too personal, and
violates you right to privacy.
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