HIPAA Mental Health and Substance Abuse Privacy Rules 4

Question 1

A psychiatric hospital wants to include a patient's mental health diagnosis in the facility directory. Under HIPAA, what must occur first?

Accepted Answer

The patient must be given the opportunity to restrict or prohibit directory listing

Answer

Under HIPAA's facility directory provision, patients must be given the opportunity to restrict or prohibit the inclusion of their information in the directory before it is used.

Question 2

An employer contacts a covered behavioral health provider requesting an employee's mental health records. Under HIPAA, the provider may release records:

Accepted Answer

Only with the employee's valid written authorization

Answer

Mental health records may only be released to an employer with the patient's valid written authorization, as employers are not typically covered entities with treatment relationships.

Question 3

Which scenario represents a HIPAA-compliant disclosure of mental health PHI for public health purposes without patient authorization?

Accepted Answer

Reporting a patient's diagnosis to a public health authority to prevent disease spread

Answer

HIPAA permits disclosure of PHI to public health authorities for activities like preventing or controlling disease, even without patient authorization.

Question 4

A substance abuse counselor at a federally assisted program receives a court order to disclose patient records under 42 CFR Part 2. What additional requirement must be met?

Accepted Answer

The court order must use procedures that give adequate patient notice and opportunity to respond

Answer

Under 42 CFR Part 2, a court order authorizing disclosure must include procedures that provide the patient with adequate notice and an opportunity to seek a protective order.

Question 5

A covered entity is asked to provide mental health records for a civil lawsuit in which the patient is a plaintiff claiming emotional distress damages. The patient has NOT authorized release. What applies?

Accepted Answer

The covered entity must review state law and may require a court order

Answer

When a patient puts their mental health at issue in litigation, state law may allow disclosure, but the covered entity should require a court order or valid authorization and consult applicable law.

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 4