Is misuse of a position of trust by a social worker considered a violation of the standards for licensed professionals, and does it require reporting as a reasonable suspicion of a crime? Is a residentās previous criminal history considered protected health information?Ā [F584 Personal Privacy/Confidentiality of Records; F600 Freedom from Abuse, Neglect, and Exploitation; F608 Reporting of Reasonable Suspicion of a crime; F745 Social Services to Attain Mental and Psychosocial Health]
Compliance Perspective – Assault-For-Hire Plot
Policies/Procedures: The Compliance and Ethics Officer, Privacy Officer and Administrator will review the facilityās policies and procedures prohibiting abuse, exploitation, invasion of privacy and reporting of criminal behavior. They should also review those instructing that protected health information (PHI), including the personal history of a resident, should only be accessed or used for the benefit of the resident.
Training: Staff must be trained to report suspected abuse, exploitation, and potential criminal activity to their supervisors or by using the anonymous hotline. They must also be trained to keep personal histories of residents confidential and used only for the benefit of the individual resident.
Audit: Periodic review and audits of the policies/procedures, training provided, and implementation of the content should be conducted to ensure that residents are free from abuse and exploitation and that staff respect residentsā rights to privacy of their PHI, to include their health histories.
A New Jersey licensed clinical social worker has been charged with planning the assault of a Massachusetts man by attempting to solicit one of the clients she was counseling to commit a violent crime.
The FBI was made aware of the solicitation attempt when an informant contacted them. The informant was a former member of an organized criminal gang and had sought counseling from the licensed clinical social worker in her New Jersey office. The informant reported that because the counselor was aware of his history with a violent gang, she allegedly asked him to kill a man who she claimed had been extorting money from her for years. The informant discontinued his counseling with the woman.
In early October, the FBI introduced the counselor to an undercover agent posing as a hitman. The counselor told the purported hitman that she did not want the Massachusetts man killed but rather just beaten, disfigured and permanently disabled. She also told the undercover agent that the reason she wanted to hurt the man was because he had information about her that would cause her to lose her license which would take away her ability to earn a living.
The undercover agent advised the counselor to purchase a pre-paid phone to communicate with him about the assault, which she did. She also arranged two more meetings with the undercover FBI agent, all at her office. During one of the meetings, she clarified how she wanted the intended victim assaulted.
If convicted on the violence charge, the counselor faces a maximum of five years in prison and a $250,000 fine.
