CLEE Confidentiality and Privilege 3

Question 1

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

Accepted Answer

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

Answer

They are the property of the insurance company

Answer

They must be shared with any treating provider on request

Answer

They are not subject to any privacy regulations

Question 2

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

Accepted Answer

Family Code §6924

Answer

Business and Professions Code §4980

Answer

Welfare and Institutions Code §5150

Answer

Evidence Code §1014

Question 3

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

Accepted Answer

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

Answer

Never — insurance companies must obtain records independently

Answer

Only if the patient is unable to provide consent

Answer

Only with a court order

Question 4

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

Accepted Answer

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

Answer

Reporting child abuse to the appropriate agency

Answer

Sharing records with a new treating therapist with patient authorization

Answer

Providing emergency medical information when the patient is incapacitated

Question 5

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

Accepted Answer

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

Answer

Only notifying local law enforcement

Answer

Terminating the therapeutic relationship with the patient

Answer

Documenting the threat in the patient's record without further action

Question 6

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

Accepted Answer

30 calendar days

Answer

5 business days

Answer

15 business days

Answer

60 days