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HIPAA: Setting Ethical Client Boundaries Part I (Abbreviated)

CEU Answer Booklet
Psychologist CEs, Counselor CEUs, Social Worker CEUs, MFT CEUs

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Audio Transcript Questions The answer to Question 1 is found in Track 1 of the Course Content. The Answer to Question 2 is found in Track 2 of the Course Content… and so on. Select correct answer from below. Place letter on the blank line before the corresponding question. Do not add any spaces.
Important Note! Numbers below are links to that Section. If you close your browser (i.e. Explorer, Firefox, Chrome, etc..) your answers will not be retained. So write them down for future work sessions.

Questions:
1. What are three points on a HIPAA compliance checklist to consider to make sure that you are in full compliance?
2. What are three ways in which HIPAA guidelines affect psychiatrists?
3. What are three concepts related to the client’s informed consent?
4. What are three concepts that focus on the HIPAA guidelines related to minors?


Answers:
A. categorization of notes; instances of exemption; and exclusions.
B. autonomy; State Law vs. HIPAA; and exemptions.
C. HIPAA requirements; readability; and comprehension.
D. Notice of Privacy Practices; Business Associates Agreement; and Correspondence Confidentiality Statements.

Course Content Manual Questions The Answer to Question 5 is found in Section 5 of the Course Content… and so on. Select correct answer from below. Place letter on the blank line before the corresponding question.
Important Note! Numbers below are links to that Section. If you close your browser (i.e. Explorer, Firefox, Chrome, etc..) your answers will not be retained. So write them down for future work sessions.

Questions:
5. According to APA, when is it appropriate to disclose confidential information without the consent of the individual?
6. According to DeMuro, how did HIPAA extend the requirement of privacy protection to entities that it was not authorized to regulate? 
7. What are the six steps to Yennie’s HIPAA compliance plan? 
8. HIPAA’s privacy regulations include "data scrubbing". What is "data scrubbing"?
9. In regard to the HIPAA confidentiality standards, what should Mental Health Professionals be especially familiar with?
10. At what age of a child is the parent no longer the personal representative of the child for HIPAA purposes?

Answers
A.  Mental Health Professionals should be especially familiar with explicit HIPAA provisions that are unique to psychotherapy notes. The regulations define these specifically as notes recorded  in any medium by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session, and that are separated from the rest of the individual's medical record.
B.  "data scrubbing" is removing patient identifiable information
C. (1)  Educate yourself, and promote awareness and education among senior management and the board of directors. (2)  Develop an organization project team for managing HIPAA compliance. (3)  Conduct an organizational risk assessment. (4)  Develop and implement policies and procedures to address identified risks. (5)  Develop and implement staff education and training. (6)  Provide continual auditing and monitoring of compliance activities.
D. Although HIPAA only authorized HHS to regulate healthcare providers, health plans, and healthcare clearinghouses, by requiring covered entities to be responsible for compliance of their business partners, HHS effectively extended the requirement of privacy protection to entities that it was not authorized to regulate.
E.  Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose, such as (1) to provide needed professional services to the patient or the individual or organizational client, (2) to obtain appropriate professional consultations, (3) to protect the patient or client or others from harm, or (4) to obtain payment for services, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose
F.  HIPAA defers to state law to determine the age of majority and the rights of parents to act for a child in making health care decisions


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