CHAPTER 14,15,16

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HIPAA does distinguish highly sensitive health information from other types of health information.

F

Psychotherapy notes are always part of the behavioral health record.

F

Employees directly involved in patient care do not require authorization to access the patient's record.

T

. Safekeeping of property must always be the patient's responsibility.

F

A covered entity cannot disclose a patient's PHI to a public health entity even if it is to prevent the spread of a disease unless the patient authorizes the disclosure.

F

A patient must allow their health information to be shared with a health information exchange.

F

A restraint is a physical device only.

F

Abuse of the elderly is limited to physical neglect of an elder person.

F

An employer is entitled to information about an employee's health or medical work fitness for work and non-work related health information.

F

Attorneys have automatic access to patient information because they are officers of the court.

F

Because implants are classified as Class III medical devices they are not regulated by the FDA, thus PHI would not be found in an implant registry.

F

Billing advocates work for healthcare providers to ensure that patients pay their medical bills in full.

F

CLIA prohibits a patient from accessing lab results directly for the laboratory conducting the test.

F

Cultural competence deals primarily with language differences among patients.

F

Documents not considered part of the LHR—for example, correspondence, incident reports, and information about other family members—should be released as part of the LHR.

F

HIPAA requires that for the purpose of accounting of disclosures, only PHI that has been released electronically or in writing must be accounted for.

F

IPAA does not allow the disclosure of personal health information on a patient who has contacted a disease that is monitored in by public health officials without the patient's authorization.

F

It is best policy to provide a special mark or notice on an HIV/AIDS patient health record in order to ensure extra privacy precautions on the record.

F

Only the adult adoptee can decide if he or she may access the health information of his or her biological parents for health risk purposes.

F

Regardless of the type of request made, if the request is from the patient, a formal authorization form is required per the HIPAA Privacy Rule.

F

The Affordable Care Act generally permits lifetime limits on health insurance benefits

F

The National Regulatory Commission (NRC) posts daily medical events related to radiation on their website which includes PHI in addition to the location and reporting person.

F

The United States Constitution provides a right to healthcare.

F

The interpretive physician-patient relationship involves the patient as a passive recipient.

F

The reporting of quality measures that includes PHI is mandatory by federal law.

F

The responsibility for notifying individuals who have had contact with an individual with an infected communicable disease is the person who has the disease

F

Title II of GINA focuses allows employers to use genetic information to make employment decisions.

F

When a physician applies for staff privileges a hospital must query the NPDB only if the physician requests that the hospital does so.

F

When an employee is injured at work he must authorization disclosure of his PHI before it can be reported to OSHA.

F

A court may decide that there is a compelling state interest in preserving life that overrides a patient's right to refuse treatment.

T

A hospital must report to the CMS Regional Office the death of a patient within 24 hours after the patient has been removed from restraint.

T

An adoptee's birth record is restricted in order to protect the biological parent(s) unless both parties have agreed to have their identities disclosed in a mutual consent registry.

T

An emancipated minor may authorize for disclosure of his or her health information.

T

Depending on state law, an individual may access his or her PHI housed in an immunization registry.

T

EMTALA was passed by Congress to combat transfer and discharge of patients, and refusal to treat, based on inability to pay.

T

Failure to discharge a patient could constitute battery or false imprisonment.

T

For a substance abuse program to be in compliance with the Privacy Rule, the authorization of disclosure of information should include specific elements required by the Privacy Rule.

T

Health organizations and providers may charge a reasonable fee as set by state law for copying health records in response to a request for patient information.

T

Healthcare providers must report their suspicion of child abuse

T

In absence of a legal executor or administrator of an estate, states may follow the UHCDA to allow access to the health records of a deceased patient.

T

In the case of a suspicious death, a medical examiner or coroner has the right to receive medical information without authorization.

T

Individuals who report neglect or abuse of children are protected from civil liability as long as they are reporting their concern in good faith.

T

Information reported without patient authorization under federal laws should be included in the Notice of Privacy Practices.

T

Ownership of a health record has traditionally been granted to the provider.

T

Patient portals are hosted by healthcare providers.

T

Patients have the responsibility to work with providers in carrying out agreed-upon treatment plans.

T

Proof of a requester's relationship to a patient must be verified before health information is released to the requester.

T

Some states provide that physical and mental health of a minor adoptee be given to the adoptive parents at the time of the adoption.

T

State required reporting laws are an exception to the doctrine of preemption.

T

States can modify birth and death certificate information as long as certificates contain the minimum data required by the NCHS.

T

Statewide cancer registries are frequently required to report data to the NCHS.

T

The American Hospital Association's Patient Bill of Rights is now the Patient Care Partnership, which focuses on patient expectations, rights, and responsibilities.

T

The FDA does not regulate electronic health records but it does regulate a number of health IT applications that may pose a risk to the health or safety of a patient.

T

The Freedom of Information Act, along with state open records laws including public records or sunshine laws, enables federal or state entities to protect personal health information from public access.

T

The Joint Commission standards specifically state that patients have the right to be free from neglect and exploitation.

T

The Medicare Conditions of Participation also apply to Medicaid participating hospitals

T

The duty-to-warn obligation enables a physician to disclose information to a third party who may be the victim of harm perpetrated by a patient.

T

The patient or family does not have the right to restrict a healthcare provider from disclosing PHI if the disclosure is required by state compensation laws.

T

Title I of GINA prohibits the use of genetic information by health plans for underwriting purposes.

T

Transplant registries may include data about organ donors as well as organ recipients.

T


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