Confidentiality and Privilege Flashcards

Under HIPAA, what is the minimum necessary standard for disclosing protected health information?

Answer: Disclose only the minimum amount of information needed to accomplish the purpose

HIPAA's minimum necessary standard requires that only the minimum PHI needed to accomplish the intended purpose be disclosed.

A California therapist receives a subpoena for a patient's records. The correct first step is to:

Answer: Notify the patient and obtain their consent or wait for a court order

A subpoena alone does not override privilege; the therapist must notify the patient so they can seek to quash the subpoena, unless a court order compels release.

Which exception allows a therapist to disclose confidential information to prevent a patient from self-harm?

Answer: The imminent danger to self exception under Civil Code §43.92

California Civil Code §43.92 and the duty-to-warn statutes permit disclosure to prevent serious and imminent harm to the patient themselves.

When treating a minor, which party generally holds the psychotherapist-patient privilege?

Answer: Both the minor and the parent

For minor patients, the privilege is held by the minor's parent or guardian, with limited exceptions such as when the minor independently consented to treatment.

A therapist receives a written authorization from a patient to release records to their attorney. The therapist should:

Answer: Release the records as specified in the valid written authorization

A valid written authorization from the patient allows the therapist to release records to the specified recipient as described in the authorization.

The 'dangerous patient' exception in California allows a therapist to warn a threatened third party when:

Answer: The patient presents a serious and credible threat of violence against an identifiable victim

California Civil Code §43.92 requires a serious, credible, and imminent threat against a specifically identifiable victim before the duty to warn is triggered.