Certified Information Privacy Professional HIPAA Privacy Requirements 3

Question 1

What is the purpose of a HIPAA 'authorization' form as distinct from a 'consent' form?

Accepted Answer

Authorization permits uses/disclosures beyond TPO; consent was an optional general permission for TPO

Answer

Authorization is for emergency disclosures; consent is for routine treatment

Answer

Authorization is given by the provider; consent is given by the patient

Answer

They are interchangeable terms under HIPAA

Question 2

Which of the following is a required element of a valid HIPAA authorization?

Accepted Answer

A description of the PHI to be used or disclosed

Answer

The patient's insurance policy number

Answer

A list of all individuals who will access the PHI

Answer

The covered entity's tax identification number

Question 3

Under HIPAA, what is an 'incidental disclosure'?

Accepted Answer

A secondary disclosure that occurs as a by-product of a permitted use, not considered a violation if reasonable safeguards are in place

Answer

A deliberate disclosure made without authorization

Answer

A disclosure to the media without patient consent

Answer

Any disclosure involving fewer than 10 individuals

Question 4

Which HIPAA provision addresses the rights of parents to access their minor child's PHI?

Accepted Answer

The Privacy Rule defers to state law and professional standards on parental access to minor PHI

Answer

Parents always have full access to minor children's PHI under HIPAA

Answer

Minors always control access to their own PHI under HIPAA

Answer

Access is determined solely by the child's treating physician

Question 5

What are the civil monetary penalty tiers under HIPAA, reflecting the level of culpability?

Accepted Answer

Did not know, reasonable cause, willful neglect corrected, willful neglect not corrected — escalating from $100 to $50,000 per violation

Answer

Flat $10,000 per violation regardless of culpability

Answer

Only criminal penalties apply; no civil monetary penalties exist

Answer

Penalties range from $1 to $1,000 per violation

Question 6

Under HIPAA, psychotherapy notes receive stronger protection than other PHI because they:

Accepted Answer

Require specific authorization separate from other PHI disclosures and cannot be used for TPO

Answer

Are excluded from HIPAA coverage entirely

Answer

Can only be shared with other mental health providers

Answer

Must be encrypted at all times without exception