Ethics: Confidentiality, Patient Records and HIPAA 1. Introduction In the early 1970’s, Congress recognized that the stigma associated with substance abuse and fear of prosecution deterred people from entering treatment. A. True B. False 2. Federal confidentiality regulations (42 CFR Part 2) have been in place for almost three decades. A. True B. False 3. Substance abuse treatment programs subject to HIPAA do not have to comply with the Privacy Rule. A. True B. False 4. I. Applicability The Privacy Rule applies to: A. Health plans C. Health care providers B. Health care clearinghouses D. All of the above 5. Part 2 of 42 CFR protects any person who has applied for or been given diagnosis or treatment for alcohol or drug abuse at a federally assisted program. A. True B. False 6. Submission of claims to health plans is one example of a HIPAA transaction that a substance abuse treatment program might engage in. A. True B. False 7. Part II How the Privacy Rule affects disclosures of information The “general rules” established by Part 2 and the Privacy Rule regarding uses and disclosures of patient health information are very much the same. A. True B. False 8. The core required elements for the Privacy Rule written authorization are similar to those of Part 2. A. True B. False 9. The Privacy Rule imposes three additional steps programs must take when disclosing information pursuant to a patient’s written consent. A. True B. False 10. Part 2 requires a patient to revoke consent only in writing while the Privacy Rule permits oral revocation of an authorization. A. True B. False 11. Some States require programs to obtain parental permission before providing treatment to a minor. In these States only, programs must get the signatures of both the _____ and a parent, guardian, or other person legally responsible for the minor (42 CFR §2.14(c)(2)). A. Counselor C. Both a and b B. Minor D. Neither a nor b 12. The Part 2 regulations and the Privacy Rule have the same requirements for disclosures of health information to researchers. A. True B. False 13. Part III Other Changes Required by the Privacy Rule Programs that are subject to both Part 2 and the Privacy Rule can combine Patient Notice and Notice of Privacy Practices into a single notice. A. True B. False 14. When should the above notice be provided to the patient? A. At the time of admission C. Either a or b B. As soon as the patient is capable of rational communication D. Neither a nor b 15. Both Part 2 and the Privacy Rule require programs to obtain a written consent from individuals before permitting them to see their own records. A. True B. False 16. The Privacy Rule establishes a process for individuals to file a complaint with the Secretary of HHS if they believe a program violated the Privacy Rule. A. True B. False 17. Programs that are subject to the Privacy Rule are required to designate a privacy official who is responsible for the development and implementation of its policies and procedures. A. True B. False 18. For substance abuse treatment programs, which of the following disclosures are typically made without patient consent and must therefore be included in an accounting of disclosures? A. Court ordered disclosures C. Disclosures to Public Health authorities B. Child abuse and neglect reports D. All of the above 19. Part 2 does not require any kind of special security regarding patient written records such as a secure, locked room. A. True B. False 20. Substance abuse treatment programs should contact their respective state substance abuse agencies and/or provider organizations, as well as legal counsel for assistance in implementing practices that will comply with both Part 2 and the Privacy Rule. A. True B. False 21. Please choose one of the options below for receiving your certificate of CEH’s. A. United States Postal Service C. Fax B. E-mail 22. We will need your mailing address or your Fax # if you chose either of these options for receiving your certificate of hours. 23. Please indicate your license type and #: For example: MFT#1234567 or CADC I #123456 Please evaluate the course by choosing one of the responses below for each question. This data will help us to improve our program and meet certifying organization requirements. Thank you for allowing QUE to be your provider. A. Excellent C. Average B. Above Average D. Below Average 24. The extent to which this course met the objectives 25. The adequacy of the author’s mastery of the subject 26. Efficiency of course mechanics 27. The applicability or usability of the information for you 28. Website functionality and ease of use 29. Availability of course instructors (Is contact information easily provided so that you may access an instructor or staff if needed?) 30. Please provide us with any additional comments or suggestions that would help us to improve the quality of our program: 31. How did you find out about QUE?