Reply To: Question about Confidentiality of Discussions with One’s Rabbi in American law

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“It’s my understanding that that American (federal?) law protects the privacy of personal communications with one’s spiritual advisor (clergy). I figure that this protection was drafted with a specific religion in mind which incorporates human to human “confession” in it’s doctrine. In practice, however, it’s no different than doctor/patient and attorney/client confidentiality,” (blubluh) [emphasis mine]

blubluh: As for the doctor/patient relationship, it’s not the same. The HIPAA (Health Insurance Portability and Accountability Act of 1996 ensures medical disclosures between doctors and patients.

HIPAA does not, however, entitle someone the ability to confess any criminal activity without consequence.

“According to the privacy rule, if a healthcare provider believes in good faith that a warning to third parties is necessary to prevent or lessen a serious and imminent threat to the health or safety of the patient or others, the provider, consistent with applicable law and standards of ethical conduct, is free to alert those persons whom the provider believes are reasonably able to prevent or lessen the threat. In sharing confidential information, a provider is assumed to have a good faith belief based on the provider’s actual knowledge or in reliance on a credible representation by a person with apparent knowledge or authority.

Although the explanation of the privacy rule provided by the director is helpful, providers still need to be aware that state laws and court decisions affect how and when providers may disclose information about a patient they believe to be threat to public safety or themselves. ” (Physicians Practice dot com)

For more information about doctor patient confidentiality laws and regulations, please visit HHS dot gov, the U.S. Department of Health & Human Services.

Thank you