Confidentiality and Privilege Flashcards

Psychotherapy notes (process notes) under HIPAA receive special protection because:

Answer: They are stored separately from the main medical record and have stricter disclosure rules

HIPAA defines psychotherapy notes as notes kept separately from the medical record that document private counseling sessions, affording them extra privacy protections.

A minor aged 12 or older in California may consent to outpatient mental health treatment without parental consent under:

Answer: Family Code §6924

California Family Code §6924 allows minors 12 and older to consent to outpatient mental health treatment on their own in certain circumstances.

When may a therapist share patient information with an insurance company without explicit patient authorization?

Answer: For treatment, payment, and healthcare operations (TPO) under HIPAA

HIPAA permits disclosure of PHI for treatment, payment, and healthcare operations (TPO) without a separate written authorization.

Which of the following is NOT a permissible disclosure of confidential information under California law?

Answer: Discussing a patient's case in detail at a social gathering

Discussing a patient's case at a social gathering is a breach of confidentiality regardless of whether identifying information is used.

Under California law, a therapist's duty to protect under the Tarasoff decision can be fulfilled by:

Answer: Warning the threatened individual, notifying law enforcement, or taking other reasonable steps

California Civil Code §43.92 provides a safe harbor when the therapist warns the victim and/or notifies law enforcement, but other reasonable protective steps may also satisfy the duty.

If a patient requests access to their own mental health records in California, the therapist must generally respond within:

Answer: 30 calendar days

Under HIPAA and California law, covered entities must provide access to records within 30 days of the request, with one possible 30-day extension.