Questions About Confidentiality and the Unique Work of the Clergy
How should our pastor respect private information?
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Health Insurance Portability and Accountability Act (HIPAA)
It is designed to keep information related to an individual’s health private. In general, the HIPAA Privacy Rule does NOT apply to churches' disclosure of health related information about its parishioners in the context of publicizing prayer requests and prayer lists. However, good taste and overall concern for privacy should be used in discussing personal health issues. If the congregation is providing health care, such as a parish nurse, the privacy rules may apply. If the congregation learns health information from insurance records for employees, the privacy rules do apply. More information on HIPAA from Lutheran Services in America.
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What information can the hospital or nursing care facility release to the pastor?
The visiting pastor may be provided with the patient’s name, location in the facility, condition in general terms, and religious affiliation as long as the patient has not objected.
Privileged Communication
Refers to pastoral care files. When the pastor provides pastoral care to parishioners, such as marriage counseling or personal spiritual direction.
Safeguarding Children, Youth and Members