HSP Regulatory Compliance & Standards 3 — Questions and Answers
Question 1: Which of the following best describes the standard for documenting informed consent in psychological practice?
- A verbal agreement is sufficient if witnessed by office staff
- Written documentation is required by law in all 50 states for any treatment
- Documentation should reflect that the client understood the nature, risks, and alternatives of treatment (Correct answer)
- Consent is implied by the client scheduling and attending appointments
Correct answer: Documentation should reflect that the client understood the nature, risks, and alternatives of treatment
Best practice and most state regulations require documentation that informed consent was a genuine process in which the client understood material information about treatment.
Question 2: A psychologist receives a subpoena for a client's psychotherapy notes. Under HIPAA, how do psychotherapy notes differ from the rest of the medical record?
- Psychotherapy notes have identical legal protections to other medical records
- Psychotherapy notes receive enhanced privacy protections and require separate client authorization for release (Correct answer)
- Psychotherapy notes are excluded entirely from HIPAA coverage
- Subpoenas automatically override all HIPAA protections for psychotherapy notes
Correct answer: Psychotherapy notes receive enhanced privacy protections and require separate client authorization for release
HIPAA affords psychotherapy notes special protections, requiring specific client authorization separate from general medical record authorizations for most disclosures.
Question 3: The National Register of Health Service Psychologists requires applicants to demonstrate supervised experience in health service delivery. This requirement primarily serves to:
- Restrict entry into the profession to reduce competition
- Ensure practitioners have competency in applied health service settings beyond academic training (Correct answer)
- Replace state licensure requirements for credentialed members
- Satisfy CMS billing requirements for Medicare reimbursement
Correct answer: Ensure practitioners have competency in applied health service settings beyond academic training
The National Register's supervised experience requirement verifies that applicants have applied health service competencies developed through direct clinical work.
Question 4: A psychologist discovers that their group practice has been billing Medicare for psychological testing at a higher complexity level than services actually rendered. The psychologist's first required action is:
- Immediately self-disclose to CMS and repay the overpayment
- Consult with legal counsel before taking any action (Correct answer)
- Notify all affected clients of the billing discrepancy
- File a qui tam lawsuit against the practice owner
Correct answer: Consult with legal counsel before taking any action
Before self-disclosure or other actions regarding potential Medicare fraud, consulting legal counsel protects the psychologist's rights and ensures correct procedural steps.
Question 5: Under ADA Title II, a public hospital must provide mental health services to individuals with disabilities. This primarily means the hospital must:
- Hire a fixed percentage of psychologists with disabilities
- Ensure programs are accessible and provide reasonable modifications unless an undue burden exists (Correct answer)
- Offer all mental health services at no cost to individuals with disabilities
- Establish dedicated treatment units exclusively for patients with disabilities
Correct answer: Ensure programs are accessible and provide reasonable modifications unless an undue burden exists
ADA Title II requires public entities to make programs accessible and provide reasonable modifications, not to create separate systems or waive fees.
Question 6: A psychologist in private practice discovers that their office manager has been accessing client records without clinical need. The most immediate regulatory obligation is:
- Terminate the office manager's employment
- Conduct a HIPAA breach risk assessment to determine if notification is required (Correct answer)
- Notify all affected clients immediately without further investigation
- Report the breach directly to the Department of Justice
Correct answer: Conduct a HIPAA breach risk assessment to determine if notification is required
HIPAA's Breach Notification Rule requires a risk assessment to determine if the impermissible access constitutes a reportable breach before notification decisions are made.
Question 7: Which credentialing organization specifically focuses on board certification for psychologists who provide clinical services in health care settings?
- American Board of Professional Psychology (ABPP) (Correct answer)
- Association of State and Provincial Psychology Boards (ASPPB)
- Council for Accreditation of Counseling and Related Educational Programs (CACREP)
- Commission on Accreditation (CoA) of the APA
Correct answer: American Board of Professional Psychology (ABPP)
ABPP provides specialty board certification in clinical psychology and other specialty areas, signifying advanced competence in health service delivery settings.
HSP Regulatory Compliance & Standards 3
Which of the following best describes the standard for documenting informed consent in psychological practice?