In 1996, the Supreme Court established communications between therapists and clients as privileged on a federal level (Jaffee v. Redmond, 1996). This means that, in court proceedings, clients cannot be required to share what is discussed in counseling settings. They can also prevent counselors from disclosing the same information. California Evidence Code 1014 EC states that privileged communications extend to third parties involved in treatment and group counseling settings. It further clarifies limitations to privilege, which include:

• The client introducing their mental state as relevant to the case.
• The client misusing services to commit or escape penalties from a crime.
• The counselor suspects the client will harm themselves or others.
• The client is a minor who has been abused or neglected.

HIPAA compliance is important in protecting client privacy and in promoting their best interest. Counselors have the ethical and legal obligations to keep the confidences of their clients and to educate them on the limitations of confidentiality. If the client's personal health information is disclosed improperly, the client may experience adverse mental/emotional consequences. Further, if trust is broken in a client-counselor relationship, the damage can negatively impact treatment. Clients cannot be vulnerable unless they have a safe space to do so.

What's your next move...should you unintentionally violate HIPPA compliance and the client's personal health information was exposed? How would you proceed?