Social Workers now, more than ever, need insurance coverage for third-party data breach. Federal and State governments demand higher expectations from Social Workers, and with the advent of the HIPAA HIGH TECH Law passed in March 2013 and enforced beginning in September 2013, Social Workers are now held liable and even more accountable than ever before.
A data beach is the release of secure information into an unsecured environment. This happens intentionally or unintentionally. A data breach or security incident occurs when confidential data such as patient records, or personal financial data is copied, transmitted, viewed, stolen, or used by an individual unauthorized to handle such information.
We live in a very litigious society. Your NASW endorsed Risk Retention Group Professional Liability insurance policy issued by Preferra Insurance Company provides insurance coverage for all of the above matters. It fills the coverage gaps?
Social workers receive a subpoena many times during their career. Sometimes many in one year. Legal defense and advisory costs for one subpoena usually cost the social worker up to $5,000, and may not be covered by the professional liability insurance policy, so the money to pay for legal advisory and defense comes out of the social worker’s wallet.
If you are thinking about closing your practice, there are many questions that need to be addressed. How should you inform your clients, both past, and present? What legal and ethical obligations do you have when closing your practice? Where do you start? This topic is broader than these tips will cover, but this will help you get started.
If you are an NASW member with professional liability insurance that you obtained as an NASW member,whether recently or years ago, this is critical information that affects you.
As many social workers understand from experience, it is common to be subpoenaed to provide evidence or testimony related to client records, or to receive complaints against your social work license that must be addressed with your State Licensing Board.
Licensing board complaints and malpractice lawsuits can be stressful and financially devastating without the proper financial safety net, legal advice, and representation to support and guide you.
As many know, it is common for social workers to be asked to testify on behalf of clients related to divorce trials, custody hearings, child placements, and other matters. Social workers also sometimes find themselves in the unfortunate and usually unexpected position of having to testify on their own behalf in court, to defend against a malpractice lawsuit or a complaint against their license.
Every day, social workers are called on to testify on behalf of clients related to divorce trials, custody hearings, child placements, and other matters. Whether it’s your first or hundredth time, it’s never easy and being called to provide sworn testimony can be extremely intimidating, even for the most experienced witnesses.
Our hearts go out to our members, their loved ones and communities still reeling from tragic loss due to recent natural disasters. Beyond the devastation and disruption these events bring to our lives, there can be serious repercussions for client record retention, privacy and risk management.
If the subpoena is issued by someone other than a Court, notify the person who is subject to the information requested to obtain consent to release the information or to give the person the opportunity to object to the disclosure.