James is in court facing drug-related charges and his therapist was subpoenaed to testify in court regarding a

Question

James is in court facing drug-related charges and his therapist was subpoenaed to testify in court regarding any discriminating evidence concerning the case. His therapist came to court but refused to answer questions regarding the case or produce Jame's records. The therapist used the following legal concept to protect himself from forced disclosure.

a. Confidentiality.
b. Priviledged communication.
c. Client privacy.
d. Taking the 5th amendment.

Answer 1

B~ A therapist can claim patient priviledges since most patients tell their therapists in confidences.



RE: HIPPA law, if there is a supeona issued for medical records then the supeona overides the HIPPA Law.
He can claim the patient/doctor priviledges!!

Answer 2

I would say a, b & c. The information is confidential and protected from disclosure by HIPPA and various state laws. The communications are considered privileged by the therapist-patient relationship. Finally, the information is considered private information, which is protected from disclosure by HIPPA and various state laws.

the last answer, d may be correct if the therapist was somehow involved in the crime (encouraging the act, etc.).

If you are looking for the "most correct" answer, I would say c.

RE: RE: HIPPA
The courts are divided on the issue of whether or not a subpoena over-rides HIPPA. Generally speaking a subpoena, by itself, will not be (should not be) enough to compel a health care provider to divulge otherwise private information. There are some exceptions to HIPPA protections, but generally speaking, a health care provider can object/refuse to divulge private information, even when requested via subpoena. However, generally, the provider must follow the state specific rules regarding objecting to a subpoena. The provider, under HIPPA, has an obligation to protect private information, short of facing contempt charges for failing to obey a court order, unless the patient signs a valid authorization to release information.

Answer 3

b