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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.

Sort by Topic

View All Frequently Requested Articles Child Welfare Civil Rights and Civil Liberties Confidentiality and Privilege Disaster Relief Issues Employment Matters Ethicial Issues Forensic Social Work HIPAA Legal Advocacy Licensure Same-sex Legal Rights and Issues Reimbursement and Managed Care Issues Poverty Reproductive Rights Social Work Practice

Current Articles

• 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)

Archived Articles
2011 2010 2009 2008 2007	2006 2005 2004 2003 2002

2011      

• 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)

2010      

• 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)

2009      

• 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)

2008      

• 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)

2007      

• 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)

2006      

• *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)

2005      

• *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)

2004      

• *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)

2003      

• *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 (February 2003)
• *Social Workers’ Rights to Prompt Payment (January 2003)

2002

• *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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