Legal & Confidentiality Issues in Intervention Flashcards

Under 42 CFR Part 2, which of the following is required before a substance use disorder treatment program may disclose patient records to a third party?

Answer: A signed written consent from the patient

42 CFR Part 2 requires a specific written consent signed by the patient before any disclosure of substance use disorder treatment records, even to other providers.

A CIP intervention specialist learns during an intervention that a client has made a credible, specific threat to harm a named individual. Under the duty-to-warn doctrine, the specialist is legally obligated to:

Answer: Warn the identifiable potential victim and notify law enforcement

The Tarasoff duty-to-warn doctrine requires mental health and substance use professionals to protect identifiable third parties from credible threats, typically by warning the potential victim and notifying authorities.

Which federal law provides the primary framework for protecting the privacy of individually identifiable health information held by covered entities, including most substance use treatment providers?

Answer: Health Insurance Portability and Accountability Act (HIPAA)

HIPAA's Privacy Rule establishes national standards for protecting individually identifiable health information held by covered health care providers, health plans, and clearinghouses.

A CIP specialist is planning an intervention for a 16-year-old. Regarding consent for substance use treatment, which statement is most accurate in most U.S. states?

Answer: Many states allow minors to consent to substance use treatment without parental permission

Most states have passed statutes permitting minors to consent to substance use disorder evaluation and treatment without parental consent to encourage help-seeking behavior.

Which of the following situations represents a mandatory reporting obligation that would override normal confidentiality protections for a CIP professional?

Answer: A client discloses ongoing abuse of a child in the household

All U.S. states require professionals to report known or reasonably suspected child abuse or neglect, which supersedes standard confidentiality protections.

Under HIPAA, which of the following is NOT considered a covered entity required to comply with the Privacy Rule?

Answer: A life insurance company that does not conduct standard electronic health transactions

HIPAA covered entities are health plans, health care clearinghouses, and health care providers who transmit health information electronically; life insurers not conducting standard electronic transactions are not covered entities.

When a court issues a subpoena for a client's substance use disorder treatment records protected under 42 CFR Part 2, a CIP specialist's program should:

Answer: Notify the client and seek a court order or client consent before releasing records

A subpoena alone is insufficient under 42 CFR Part 2; the program must notify the patient and either obtain consent or wait for a court order that meets the specific standards of Part 2 before releasing records.