HIPAA Mental Health and Substance Abuse Privacy Rules 3

Question 1

A therapist believes their patient may harm a specific identified third party. Under HIPAA's 'duty to warn' provisions, what is permitted?

Accepted Answer

Disclosure to law enforcement or the potential victim is permitted to prevent serious harm

Answer

HIPAA permits disclosure of PHI to prevent serious and imminent threat to the health or safety of a person or the public, including notifying law enforcement or the potential victim.

Question 2

Under 42 CFR Part 2, can a patient's SUD records be used against them in a criminal investigation?

Accepted Answer

No, Part 2 prohibits use of SUD records to investigate or prosecute patients

Answer

42 CFR Part 2 explicitly prohibits the use of SUD treatment records to investigate or prosecute patients for any crime committed before or during treatment.

Question 3

A health plan requests mental health records for utilization review. Without specific authorization, a covered entity may release:

Accepted Answer

Only the minimum necessary PHI, excluding psychotherapy notes

Answer

For healthcare operations like utilization review, a covered entity may release the minimum necessary PHI but must exclude psychotherapy notes, which always require specific authorization.

Question 4

A minor seeks confidential substance abuse counseling in a state that allows minors to consent to such treatment. Under HIPAA, who controls the PHI?

Accepted Answer

The minor controls the PHI when they have the legal right to consent to the treatment

Answer

When a minor has the legal right under state law to consent to treatment, HIPAA generally gives the minor the right to control their PHI for that treatment.

Question 5

Which of the following is a key difference between HIPAA's mental health protections and 42 CFR Part 2?

Accepted Answer

Part 2 requires patient consent for nearly all disclosures; HIPAA allows more routine sharing

Answer

42 CFR Part 2 requires patient consent for nearly all disclosures of SUD records, whereas HIPAA permits disclosure for treatment, payment, and operations without specific authorization.

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 3