Ethical & Professional Considerations Flashcards
Confidentiality
The ethical duty to protect from disclosure any information about a client, research or evaluation subject, supervised, employee, etc., obtained during the course of a professional relationship. A social worker can disclose confidential information, when appropriate, with valid consent from a client or a person legally authorized to consent on behalf of a client. In addition, the assumption that a social worker will keep information confidential does not apply when the worker needs to disclose certain information to prevent serious, foreseeable, and imminent harm to a client or another identifiable person or when laws or regulations require the worker to disclose certain information without a client’s consent. Confidential information includes the identity of the client, content of things said by the client, professional opinions about the client, and material from the client’s records
Flat-Rate Fee
A fixed, pre-established fee charged by a professional for a particular service. The fee for a given service is the same for every client, and the amount charged is related to the service itself other than the client’s ability to pay
Living Will
A type of advance directive in which a person documents in advance the kind of care he/she wants to receive and not receive at the end stage of life in the event that he/she is no longer able to communicate these preferences at that time
Ombudsman
(a) An advocate or spokesperson for the people who are served by an organization to ensure that the organization’s obligations, ethical duties, and rule are being followed, or (b) an individual employed by an organization to investigate potential illegal and/or unethical activities or unintended harmful consequences stemming from the organization’s activities and to facilitate fair negotiations or actions toward satisfactory solutions
Subpoena
A written legal document requiring a person to appear in court to testify at a certain time and/or to produce certain written records
Adult Protective Services (APS)
Social, medical, legal, residential, custodial, and other services provided for adults who are unable to provide this care for themselves and have no friends, family, etc., who can provide the care. Individuals who receive these services are typically unable to act for themselves, which places them at risk for being harmed or harming others. Eligibility or need for services is usually determined by the courts
Copayment
Condition of an insurance policy that requires the patient to contribute to the cost of the service he/she receives. Typically, the policy holder must pay a percentage of the service fee, and the insurance company pays the balance
Fourth Party
Fiscal intermediary between a provider of a social or health care service, the individual receiving the service, and the organization that pays for the service. A third party provides payment for the services, and the fourth party provides administrative support
Malpractice
The injurious or unprofessional treatment of a client/patient by a practitioner (social worker, psychotherapist, psychiatrist, physician, etc.). Malpractice is generally covered under tort law. A malpractice claim requires that three conditions be met: there must be a relationship between the practitioner and the client that implies a duty, there must have been a breach of that duty, and the breach must have caused the client some identifiable harm
Omnibus Budget Reconciliation Act of 1981 (Obra; P.L. 97-35)
Federal legislation that amended Title XX of the Social Security Act. The Act decentralized many social services programs, funding activities, and duties from the federal to state governments, mainly through the use of a block grant
Subpoena Duces Tecum
Subpoena requiring a witness who is called to bring to court, or to a deposition, any relevant documents he/she possesses
Brown V. Board of Education (1954)
U.S. Supreme Court decision that racial segregation of public schools was illegal; the ruling declared that the “separate but equal” interpretation of the Fourteenth Amendment was unconstitutional
Duty To Warn (Duty to Protect)
Technically refers to the duty to notify the police and to attempt to warn the victim when a client reveals a serious intention to harm a reasonably identifiable individual. The “duty to warn” which is sometimes called the “duty to protect” was first laid out by the Tarasoff decision in California in the 1970’s. A subsequent rehearing of Tarasoff established a more flexible “duty of care” which may or may not involve warning the intended victim; That is, to fulfill his/her “duty to warn” an intended victim, a therapist may warn this person, notify the police, or take other reasonable steps
Guardian Ad Litem
A person (usually an attorney) appointed by the court to represent the child(ren) in a legal dispute concerning their custody or welfare. This person is empowered to investigate the background, living conditions, family relationships, and any other relevant matter in order to make a recommendation to the court as to what would be in the best interests of the child(ren) in terms of placement, visitation, and other matters ruled on by the court. The guardian usually makes a report to the court recommending an outcome. The judge, however, makes the final determination on the disposition of the child(ren)
Medicaid
Social security program providing medical and health related services for individuals and families with low incomes through direct payment to suppliers of the program. Low income is only one test for Medicaid eligibility; assets and resources also are tested against established thresholds determined by each state (i.e., means testing). Within federal guidelines, states have discretion in financial criteria for eligibility. States must cover categorically needy individuals, however, which usually includes recipients of SSI and families with dependent children receiving cash assistance, as well as other mandatory low-income groups such as pregnant women, infants, and children with incomes less than a specified percent of the federal poverty level. States must also cover certain low-income Medicare beneficiaries
Protective Services
Intervention on behalf of individuals who are or may be in danger of harm from others or who are unable to care for themselves (e.g., children, the elderly, the disabled). The main activities include investigation situations in which a person is alleged to be at risk, minimizing further risk, improving current conditions, accessing resources, and facilitating placement in alternative environments when necessary
Values (Of The Social Work Profession)
Principles and standards of conduct for social workers, which include the following: (a) a commitment to the primary importance of the individual in society; (b) respect for the confidentiality of relationships with clients; (c) a commitment to social change to meet socially recognized needs; (d) a willingness to keep personal feelings and needs separate from professional relationships; (e) a willingness to transmit knowledge and skills to others; (f) respect and appreciation for individual and group differences; (g) a commitment to develop clients’ ability to help themselves; (h) a willingness to persist in efforts on behalf of a client despite frustration; (i) a commitment to social justice and the economic, physical, and mental well-being of all persons in society; and (j) a commitment to a high standard of personal and professional conduct
Capitation
A payment method for health-care services in which a fixed payment is made at regular intervals to a medical provider by a managed care organization for an enrolled patient. Generally, the physician, hospital, or other health-care provider is paid a contracted rate for each member assigned (referred to as “per-member-per-month” rate) regardless of the number or nature of services provided. The contractual rates are usually adjusted for age, gender, illness, and regional differences
Education For All Handicapped Children Act Of 1975 (P.L. 94-142)
Guarantees an appropriate free public education to all children ages 3 to 21 who need special education services. An individualized educational program (IEP) must be developed for each student with a qualifying disability. The IEP is written by school personnel in collaboration with the student’s parents and must provide the least restrictive environment for the student (the environment must be as similar as possible to the regular classroom setting, taking into account the nature of the student’s disability) Over time, P.L. 94-142 has been amended, and in 1990, it was renamed the individuals with Disabilities Education Act, or IDEA, (P.L. 101-476)
Holder of the Privilege
The person who decides what confidential information is to be released, particularly in the context of legal proceedings. Generally, laws related to privilege make the client the holder of the privilege
Medicare
Social security program providing health care benefits (health insurance coverage) to most people over age 64 (i.e., those who are eligible for monthly social security benefits and are U.S. citizens or permanent residents of the U.S. who have lived in the U.S. for at least five years); to some people with disabilities under age 65; and to people of all ages with end-stage renal disease (permanent kidney failure treated with dialysis or a transplant). Part A of Medicare is a compulsory Hospital Insurance (HI) program, and Part B is a voluntary program of Supplementary Medical Insurance (SMI). Part A covers inpatient hospital services, care in skilled nursing facilities, home health services, and hospice care
Psychotherapist-Patient Privilege
A legal term referring to a client’s statutory right not to have confidential information disclosed (without his/her permission) especially during legal proceedings. The legal requirements with regard to privilege vary from state to state
Vendor Payments
Money paid for services by an insurance company or government agency to a social agency, institution, or independent professional. Medicaid is the largest vendor payment system in the U.S. The government usually applies the term “vendor payment” to payments made for individuals who cannot pay for the service themselves
Advanced Directive
A legal document through which an individual makes his/her wishes known about healthcare decisions in the event that he/she should become incapacitated and unable to communicate these wishes
Dual (And Multiple) Relationships
The act of assuming two (dual) or more (multiple) roles at the same time or sequentially with a client or former client. Examples include (a) providing therapy to an employee, friend, or relative, (b) going into business with a client, and (c) becoming friends with a former client. When a dual or multiple relationship exists, there is a risk that the client ( or former client) will be exploited, primarily because of the power differential that is a basic part of the social worker-client relationship
Freedom Of Information Act Of 1966 (P.L. 89-487)
Federal legislation establishing the right of citizens to know what information the government and other organizations have about them. This right is not absolute and specific exceptions are noted. Based on this act, clients of federally administered health and welfare agencies under some circumstances have the right to access their case records
Managed Care Organization
A health plan that seeks to manage health care generally through contracting with health care providers to deliver health care services on a captivated (per-member per-month) basis
Peer Review
A formal evaluation by a peer group of a professional’s specific actions or overall competence. Peer review is used primarily for the purpose of quality assurance. Often, it is used as an alternative to the legal system to settle disputes between practitioners, consumers, and third-party payers
Third-Party Payment
Monetary reimbursement made to the social worker, agency, or other provider of service to a client by an insurance company or government funding agency
Bioethics
The philosophical study of ethical controversies arising from advances in biology and medicine. The field addresses such issues as debates over the boundaries of life (e.g., abortion, euthanasia), surrogacy, the allocation of scarce health-care resources, experimentation with human subjects, behavioral control (e.g., through the use of psychotropic medications), and the right to turn down medical care for religious or cultural reasons
Durable Power of Attorney for Healthcare
A type of advance directive used to legally designate another person to have the authority to make one’s health-care decisions if one becomes too ill or impaired (physically or cognitively) to make one’s own decisions or communicate one’s medical preferences
Guardian
An individual who is legally responsible for the management and care of another individual. Usually, this other individual is a child or is an adult who has been determined by a court to be incapable of acting on his/her own behalf
McNaughten Rule
A.K.A. the “insanity Plea” Legal principles that guide the court in determining whether or not a defendant can be declared innocent by reason of insanity. Different jurisdictions use different criteria for judging insanity pleas
Privacy
A general legal term that refers to an individual’s right to have information about his/her life withheld from others. While privacy originated from laws guaranteeing individuals freedom from invasion (of privacy) by governmental agencies, it now applies in situations involving nongovernmental agencies as well
Title XX of the Social Security Act
An amendment to the Social Security Act designed to prevent, reduce, or eliminate dependency on welfare and change how social services were delivered to low-income people. Under Title XX (Social Services Block Grant 1974), states started receiving funding for social service programs through block grants from the federal government which increased their flexibility in determining where to allocate the funds
Committees On Inquiry
Groups of professional peers and others who look into alleged ethical violations, illegal activities, or other disputes between professionals or between professionals and clients and attempt to determine if any wrong-doing has been committed
Expert Witness
An individual who testifies before a lawmaking body or in a court of law because of his/her exceptional knowledge in a specific area. Information given by the witness is used to enlighten the court in assessing evidence
Informed Consent
The giving of permission by a client to a social worker and agency to use a specific intervention, including diagnosis, treatment, follow-up, and research. The practice is designed to protect individuals by guaranteeing their safety, privacy, and freedom. Generally, true informed consent can be obtained only when the individual is competent, free from pressure and coercion, and knowledgeable about the treatment to be provided including alternative treatments
Negligence
Failure to meet one’s responsibility to protect or help another person or failure to practice reasonable care or caution to the extent that another person is harmed or placed at unnecessary risk of harm
Quality Assurance (QA)
A.K.A Quality Control. Procedures and steps undertaken by an organization to determine whether its goods and services meet the standards established fro them. Quality assurance programs usually examine whether professionals complied with standards, rather than the outcome of their services. Quality assurance procedures for social workers include the requirement for adequate education from an accredited school of social work, supervision, licensing and certification, and continuing education requirements. For the profession, sample procedures include a code of ethics, peer review, utilization review, program evaluation, professional sanctions, and lawsuits
Wyatt V. Stickney (1971)
Court ruling declaring that mental health inpatients who had been committed on civil grounds have a constitutional right to receive individual treatment that will give them a realistic opportunity to be cured or to improve their mental condition
Competent Evidence
The facts about a case that are credible, persuasive, and sound as well as admissible in a court of law. Competent evidence is different from information given by an expert witness, who gives opinions and information to the best of his/her knowledge
Federal Educational Rights and Privacy Act (Buckley Amendment)
Federal law that grants parents (and students over the age of 18) the right to inspect their children’s (their own) educational records
Insanity
A legal term referring to a defendant’s lack of ability to distinguish between right and wrong. Applies when a person has committed a crime while under the influence of a mental disorder that inhibits the knowledge that such an act was wrong or the ability to refrain from doing it
Notice of Privacy Practices (NPP)
A consent form required under HIPAA’s privacy rule that must be given to clients on or before the beginning of treatment The NPP informs clients of their rights and indicates how health information may be used and disclosed
Sliding Fee Scale
Practice in which clients are charged for services according to their ability to pay rather than on a flat-fee basis
