HIPAA Mental Health and Substance Abuse Privacy Rules 2

Question 1

Under 42 CFR Part 2, which federal regulation specifically governs confidentiality of substance use disorder patient records?

Accepted Answer

42 CFR Part 2

Answer

42 CFR Part 2 is the federal regulation specifically protecting the confidentiality of substance use disorder (SUD) patient records at federally assisted programs.

Question 2

A patient's psychotherapy notes are requested by their primary care physician. Under HIPAA, what must the covered entity obtain before releasing them?

Accepted Answer

The patient's specific written authorization

Answer

Psychotherapy notes require the patient's specific written authorization for disclosure; they cannot be released under the general treatment/payment/operations exception.

Question 3

Which of the following is NOT considered a psychotherapy note under HIPAA?

Accepted Answer

Medication prescriptions for a psychiatric patient

Answer

Medication prescriptions, even for psychiatric conditions, are not psychotherapy notes — they are part of the general medical record subject to standard HIPAA rules.

Question 4

Under 42 CFR Part 2 (as amended in 2020), a patient can now sign a single general consent allowing their SUD records to be shared with which category of recipients?

Accepted Answer

Their treating providers as part of a treatment team

Answer

The 2020 amendment allows a single general consent to cover disclosures to treating providers on a treatment team, streamlining care coordination while maintaining protections.

Question 5

A covered entity may disclose a patient's mental health PHI without authorization for treatment purposes. Which scenario is an EXCEPTION to this rule?

Accepted Answer

Releasing psychotherapy notes to another provider

Answer

Psychotherapy notes always require specific patient authorization even for treatment purposes, making them an exception to the general treatment disclosure permission.

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA - Health Insurance Portability and Accountability Act Practice Test

HIPAA Mental Health and Substance Abuse Privacy Rules 2