Course Description: This article examines The Confidentiality of Alcohol and Drug Abuse Patient Records. The article reviews when disclosures of patient records are permitted, it provides information about the need for consents forms for disclosures and identifies patient rights and notices regarding disclosures of information. This report is on the SAMSHA website.
This publication provides excellent information for the mental health professional, as confidentiality is a core element of the therapeutic process. This course provides the practitioner with a great deal of much needed information to protect themselves and their clients.
Psychologists, social workers, mental health counselors and marriage and family therapists can benifit from this coursse. This course may also be helpful for other practitioners, such as midwives and dieticians and nutritionist who may work in team or multidisciplinary environments. This course is designed for both clinicians and administrators who are leaders in their agencies. It is particularly appropriate for supervisors, midlevel and upper level managers. It is targeted for intermediate and advanced practitioners.
This course may meet mandatory continuing education requirements for renewal in area of law and confidentiality. Please check with your state licensing board.
Specifically, a professional will:
Describe when disclosures are permitted
Recognize the need for consents forms for disclosures.
Identify patient rights and notices regarding disclosures of information
Ce-Classes is approved by the Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling Provider #852 BAP-Exp 3/2009
Ce-classes.com is approved as a provider for continuing education by the Association of Social Work Boards 400 South Ridge Parkway, Suite B, Culpeper, VA 22701. www.aswb.org. ASWB Approval Period: 1/5/08 – 1/5/11 Social workers should contact their regulatory board to determine course approval. Social workers will receive 2 credits for continuing education clock hours in participating in this course. (* Please see course descriptions for ceu information, one ceu = one continuing education clock hour)
Ce-Classes.com is approved by the American Psychological Association to sponsor continuing education for psychologists.
Ce-Classes.com maintains responsibility for this program and its content. As such we are approved providers of continuing education for psychologists in most states in the U.S. Please see our get state requirements button on our home page or visit your state's licensing board for more information.
Ce-Classes.com is an approved provider by the National Board of Certified Counselors (NBCC); Provider # 6320 Exp. 4/30/2012. As such we are approved providers of continuing education for Mental Health Counselors, Therapists, Professionals, etc, in most states in the U.S. Please see our get state requirements button on our home page or visit your state's licensing board for more information.
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Exam Questions for HIPAA and Substance Abuse Records
1. Under HIPAA’s privacy rule, when is disclosure of patient information permitted without prior written authorization?
For treatment
For payment
For health care operations
All of the above 2. Under both 42 CFR Part 2 and HIPAA’s privacy rule, when may patient information be disclosed?
With prior written authorization
When requested by the patient in person
When requested by another health care provider
After the patient has died 3. Which element is NOT required on a Part 2 consent form?
Name of the patient
Purpose of the disclosure
Date of last service
Date on which consent was signed 4. In which way does the Privacy Rule written authorization differ from the Part 2 consent form?
The Privacy Rule disclosure must indicate whether or not signing the form is a condition of treatment.
The Privacy Rule disclosure may be signed by a personal representative.
The Privacy Rule disclosure must be written in plain language.
All of the above 5. The Privacy Rule imposes ______ additional steps programs must take when disclosing information pursuant to a patient’s written consent.
Two
Three
Five
Seven 6. According to Part 2, who must sign a consent form if the patient is a minor?
Always the minor only
Always the parent or guardian only
Always the minor, in some states the parent or guardian
Always the parent or guardian, in some states the minor 7. How can consent be revoked?
Part 2 – orally / Privacy Rule – in writing
Part 2 – in writing / Privacy Rule – orally
Both – orally
Both – in writing 8. Under the new Privacy Rule, programs may continue to follow the Part 2 directions for disclosure in cases of:
Internal program communications
Child abuse reporting
Court-ordered disclosure
All of the above 9. Which of the following is a qualified service organization for a treatment program under Part 2?
The program’s advertising agency
The program’s accountant
The program’s board of directors
All of the above 10. What are qualified service providers called under the Privacy Rule?
Qualified service providers
Service providers
Business associates
Qualified business associates 11. Substance abuse treatment programs subject to the Privacy Rule who undergo accreditation will have to sign what document with the accreditation organization?
Qualified Service Organization Agreement
Non-disclosure Agreement
HIPAA Disclosure Agreement
Business Associate Contract 12. When a treatment program is audited or evaluated by the agency’s own employees, disclosure of patient-identifying information is permissible:
Without patient consent under both Part 2 and the Privacy Rule
Without patient consent under Part 2, but only with consent under the Privacy Rule
Only with patient consent under Part 2, but without patient consent under the Privacy Rule
Only with patient consent under both rules 13. Part 2 and the Privacy Rule have different requirements regarding the disclosures of health information to:
Home health aides
Parents
Researchers
All of the above 14. Under the Privacy Rule, patients must be notified of the treatment program’s privacy practices as well as:
The name of the treating physician
The patient’s rights under the Privacy Rule
The date the Privacy Rule became law
The fact that disclosure may be made without consent when any attorney asks for it 15. Under the Privacy Rule, the disclosure notice must include:
A description of the types of uses and disclosures that the program may make without consent or authorization
A statement that other disclosures will be made only with the patient’s written consent
A statement that the program may contact the patient to provide appointment reminders
All of the above 16. Which of the following is NOT required on a notice vis-à-vis patient rights with respect to PHI?
The right to access and amend PHI
The right to know who the treatment program’s accountant is
The right to receive an accounting of the program’s disclosures of PHI
The right to obtain a paper copy of the notice upon request 17. Under Part 2, when must programs provide the consent disclosure notice to the patient?
On the date of first service delivery
At the time of admission
As soon after admission as the patient is capable of rational communication
Either B or C 18. A person may see his or her own records
Without written consent under both Part 2 and the Privacy Rule
Without written consent under Part 2, but only with written consent under the Privacy Rule
With written consent under both rules
With written consent under Part 2, but without it under the Privacy Rule 19. Under which of the following circumstances may a program NOT deny a patient access to his or her own records?
When a licensed health care professional has determined that the access is likely to endanger the safety of the patient or another person
When the information makes reference to another person who may experience substantial harm if the information is disclosed
When the information is likely to cause harm to the environment
When the request for access is made by the patient’s personal representative and a licensed health care professional has determined that disclosure is likely to cause substantial harm to the patient or another person 20. The Privacy Rule provides individuals with the right to obtain an accounting of certain disclosures of PHI made by a program during the _____ years prior to the request.
6
8
10
12