Legal
Issue of the Month
The “Legal Issue of the Month” articles present an overview of a particular legal topic relevant to social work practice focusing on a recent court decision or emerging legal issue. This archive of 100 free legal articles for NASW members addresses commonly-asked questions as well as hot-button emerging issues. It is available 24/7 as your gateway to NASW’s legal information and resources.
Current Articles
- Social Work and Recent Decisions of the U.S. Supreme Court (July 2016)
- Jaffee v. Redmond: 20 Years Later (June 2016)
- Legal Issues in Clinical Supervision(May 2016)
- FERPA and the Disclosure of Student Education Records (April 2016)
- Who Is Responsible For Making The Child Abuse Report? (March 2016)
- Waiver of Co-Payments and Deductibles (February 2016)
- Couples’ Therapy – Access to Records (January 2016)
- Social Work Licensing Board Complaints (November 2015)
- End-of-Life Decision Making (October 2015)
- Social Workers and Elder Abuse (September 2015)
- Social Workers and the Recent Decisions of the Supreme Court (June 2015)
- Quick Reference Guide for Responding to a Subpoena (May 2015)
- Legal Considerations When a Client Dies by Suicide (April 2015)
- Termination: Ending the Therapeutic Relationship-Avoiding Abandonment (March 2015)
- Legal Issues in Health Insurance Audits (February 2015)
- HIPAA Series Part 4 (January 2015)
- HIPAA Series Part 3 (November 2014)
- HIPAA Series Part 2 (October 2014)
- HIPAA Series Part 1 (September 2014)
- Legal Issues That Can Trip Social Workers Working With Children (February 2014)
- A Legal Standard for Diagnosing Intellectual Disability (January 2014)
- A Managed Care Toolkit for NASW Clinical Social Workers (November 2013)
- HIPAA Highlights for Social Workers (October 2013)
- A Review of the 2013 NASW Sample HIPAA Privacy Forms (September 2013)
- Social Workers and the Recent Decisions of the Supreme Court (July 2013)
- Social Workers and Drug Testing of Public Benefits Applicants (June 2013)
- Criminalization of Psychotherapist Sexual Misconduct (May 2013)
- Selling a Clinical Social Work Practice (April 2013)
- Social Workers and the 2013 Omnibus HIPAA Rule (March 2013)
- Health Care Privacy Exceptions to Avert Harm and Duty to Warn (February 2013)
- Social Workers and Labor Strikes (January 2013)
- Client Records and the Death of a Social Worker (November 2012)
- Access to Records by Social Workers’ Clients (October 2012)
- Social Work Ethics and Non-Compete Clauses in Employment Contracts and Independent Contractor Agreements (September 2012)
- Social Workers and Advance Directives (July 2012)
- The Defense of Marriage Act (DOMA) (June 2012)
- Social Workers, Smartphones and Electronic Health Information (May 2012)
- Social Workers and Skype—Part II, Telemental Health Law (April 2012)
- LDF’s Third Prong in its Mission: Providing Legal Information to NASW Members (March 2012)
- LDF: Defending NASW Members for 40 Years (February 2012)
- LDF: Forty Years of Legal Advocacy for Social Work (January 2012)
- Social Workers and Skype: Part I (November 2011)
- Release of Records and Client Privacy (October 2011)
- Legal Developments in LGBT Family Rights (September 2011)
- Health Insurance, HIPAA and Client Privacy (July 2011)
- Closing a Social Work Private Practice (June 2011)
- Provider Refusal and Conscience Clause Controversies (May 2011)
- Social Workers and Health Care Reform (April 2011)
- Identity Theft “Red Flags Rule” Exclusion for Social Workers (March 2011)
- Confidentiality of Drug and Alcohol Abuse Treatment Records (February 2011)
- Social Workers and Child Protection Investigations (January 2011)
- Social Workers and Record Retention Requirements (November 2010)
- Privacy Protections for Deceased Clients’ Records (October 2010)
- Preventing And Responding To Electronic Privacy Breaches (September 2010)
- Social Workers and the Supreme Court (July 2010)
- Children’s Treatment Records: Parental Access and Denial (June 2010)
- Social Workers and Conscience Clauses (May 2010)
- Mental Health Parity and Addiction Equity Act Interim Final Rules (April 2010)
- Disclosing Confidential Information to Social Workers’ Business Associates (March 2010)
- HIPAA Amendments for a New Decade: 2010 and Beyond (February 2010)
- Social Workers, Immigration Policies and State Benefits (January 2010)
- Social Workers and Continuing Education Requirements (November 2009)
- Social Workers and Confidentiality for Court-Ordered Juvenile Treatment (October 2009)
- Social Workers and Accommodations for Deaf and Hard of Hearing Clients (September 2009).
- Confidentiality and Minors’ Reproductive Rights: A Case Example from Ohio (July 2009)
- Social Workers and Identity Theft: The FTC "Red Flags" Rule (June 2009)
- Social Work Supervision for State Licensure (May 2009)
- Responding to a Subpoena (April 2009)
- HITECH HIPAA for Social Workers (March 2009)
- The Social Worker and the Home Office (February 2009)
- Social Workers and the Mental Health Parity Act of 2008 (January 2009)
- Social Workers and the Kennedy v. Louisiana Death Penalty Case (November 2008)
- Recent Cases on Child Welfare Workers’ Liability for Removal of Children (October 2008)
- School Social Workers and Student Strip Searches (September 2008)
- Social Workers and the California Same-Sex Marriage Cases (July 2008)
- Social Workers and the Genetic Information Nondiscrimination Act (GINA) (June 2008)
- Social Workers and Coaching (May 2008)
- School Social Workers and Confidentiality (April 2008)
- Social Workers and Legal Policy Development (March 2008)
- Social Workers and “Duty to Warn” State Laws (February 2008)
- Legal and Ethical Issues in Social Worker – Lawyer Collaborations (January 2008)
- Social Workers and Confidentiality for Couples Counseling (November 2007)
- Social Workers and Child Custody Evaluations (October 2007)
- A Review of the Supreme Court’s 2007 Affirmative Action Decision (September 2007)
- *A Review of the Supreme Court’s Abortion Ruling (July 2007)
- *The NASW Code of Ethics and State Licensing Laws (June 2007)
- *Social Workers and the National Provider Identifier (May 2007)
- *Social Workers and e-Therapy (April 2007)
- *Social Workers and Non-custodial Parents’ Requests for Records (March 2007)
- *Social Workers and Fee Collection (February 2007)
- *Current Issues in Health Privacy (January 2007)
- *Social Workers and Same-Sex Marriage and Adoption (November 2006)
- *Social Workers as Volunteers (October 2006)
- *Social Workers and Student Loan Forgiveness (September 2006)
- *HIPAA Help for Social Workers (July 2006)
- *Social Workers and Psychotherapy Notes (June 2006)
- *Children’s’ Rights to Confidentiality (May 2006)
- *Social Workers and the CIGNA Managed Care Settlement (April 2006)
- *Overview of the LDF Amicus Brief Database (March 2006)
- *Social Workers and End-of-Life Decisions (February 2006)
- *Social Workers and Post-Disaster Record Keeping Questions (January 2006)
- *Parental Rights and Responsibilities for Lesbian and Gay Parents (November 2005)
- *Social Workers and Record Retention Requirements (October 2005)
- *Social Workers and Disaster Relief Services (September 2005)
- *Psychotherapist-Patient Privilege in the Military (July 2005)
- *Social Work Licensure: Practice and Title Protection Reviewed (June 2005)
- *Social Workers, Medication, and Scope of Practice (May 2005)
- *Social Workers and HIPAA Security Standards (April 2005)
- *Social Workers and Psychotherapist-Patient Privilege: Jaffee v. Redmond Revisited (March 2005)
- *Social Workers and the Duty to Warn (February 2005)
- *Review of State Balloting on Marriage for Same-Sex Couples (January 2005)
- *Are Public Social Workers Liable for Failing to Prevent Child Abuse? (November 2004)
- *What Do the Courts Say about Same-Sex Marriage? (October 2004)
- *Social Workers and the USA PATRIOT Act (September 2004)
- *Legal Developments in Treating and Prosecuting Pregnant Substance Abusers (July 2004)
- *Business Expense Deductions for Psychotherapy (June 2004)
- *HIPAA for Social Work Employers and Administrators (May 2004)
- *Social Workers and International Human Rights (April 2004)
- *Social Workers' Rights as Probationary Employees (March 2004)
- *Social Workers and Civil Liability for Failure to Report Child Abuse (February 2004)
- *Social Workers and Capital Punishment for Juveniles (January 2004)
- *Social Workers and Legal Developments in Gay Rights (November 2003)
- *Megan’s Law: Protecting the Public or Branding Offenders? (October 2003)
- *Social Workers as Death Penalty Mitigation Specialists (September 2003)
- *Social Workers, HIPAA, and Subpoenas (July 2003)
- *Is it Necessary for Protective Services Social Workers to Obtain a Warrant to Investigate a Child Abuse or Neglect Complaint? (June 2003)
- *Social Workers and “Any Willing Provider” Laws (May 2003)
- *A First Look at the HIPAA Security Regulations (April 2003)
- *HIPAA Compliance Toolkit (March 2003)
- *Social Work Ethics and Non-Compete Clauses in Employment Contracts and Independent Contractor Agreements (January 2003)
- *Social Workers’ Rights to Prompt Payment (January 2003)
- *Protecting the Confidentiality of NASW’s Professional Review Process (November 2002)
- *An Analysis of Revisions Of The Final Federal Medical Privacy Regulations Under HIPAA (October 2002)
- *Can States Limit Managed Care Decisions That Deny Medically Necessary Health Treatment? (September 2002)
- *What Legal Rights Do Convicted Sexual Offenders Retain in Involuntary Prison Treatment Settings? (July 2002)
- *Do Social Workers Owe a Legal Duty to the Alleged Abuser of a Client? (June 2002)
- *What Have the Courts Said about Welfare Reform? (May 2002)
- *What Are the Rights of Children in Gay and Lesbian Families? (April 2002)
- *What Direction Are the Courts Moving with Affirmative Action? (March 2002)
- *Are Licensed Clinical Social Workers Authorized to Provide Expert Witness Testimony Concerning the Diagnosis and Treatment of Emotional and Mental Disorders? (February 2002)
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