HIPAA

A nurse is teaching a newly licensed nurse about using a computer to document in a client's health record. Which of the following statements by the newly licensed nurse indicates an understanding of the teaching? a. "I should share my computer password with the nurse orienting me" b. "I should remain aware of my surroundings when documenting in the computer" c. "I can step away from the computer for a short time if I am logged on and no one is around" d. "I can review the health records of other clients on the unit not assigned to me"

b. "I should remain aware of my surroundings when documenting in the computer" -The nurse should protect the screen from being visible to others. Maintaining an awareness of who is near the computer and able to see the screen promotes confidentiality and compliance with HIPAA regulations.

A nurse in a pediatrician's office is speaking on the phone with the guardian of a school-age child who will become a new client at the office. The nurse should instruct the guardian to call the child's provider's office to request which of the following? a. The guardian be allowed to take the child's medical records and make photocopies for the new pediatrician's office b. The child's original medical records be given to the new pediatrician's office c. A form authorizing release of copies of the child's medical records to be signed by the guardian d. A form authorizing release of the child's medical records to be signed by the new pediatrician and sent back to the previous provider

c. A form authorizing release of copies of the child's medical records to be signed by the guardian -A written authorization by the responsible party, in this case the guardian, must be provided to the previous provider's office prior to making copies of the health care records available to the new pediatrician.

A client tells a nurse that they feel their privacy has been violated and wants to file a formal complaint with someone other than the medical facility. Through which of the following agencies should the nurse instruct the client to file the complain? a. Occupational Safety and Health Administration (OSHA) b. The Joint Commission c. Office for Civil Rights (OCR) d. Privacy and Civil Liberties Office

c. Office for Civil Rights (OCR) -The OCR investigates complaints by clients and other involved individuals related to the HIPAA Privacy Rule. If the client wants to file a complaint to someone in the medical facility, the nurse should arrange for the client to talk to the facility's Privacy Officer.

A newly hired nurse is reviewing information about the HIPAA Privacy Rule during facility orientation. Which of the following statements by the nurse indicates an understanding of the privacy rule? a. "Clients do not have the right to read their charts" b. "I can read the charts of other clients on my floor" c. "I will expect a list of clients and their admitting diagnoses to be posted on my unit" d. "I can give info about a client over the phone if the client gives permission"

d. "I can give info about a client over the phone if the client gives permission" -Information about a client can be given over the phone if the client has granted permission for that person to receive information. Many facilities have implemented an access code system that requires the person asking for information to provide the code.

Which of the following actions should a nurse take after witnessing a breach of a client's confidentiality in a provider's office? a. Complete a health information privacy complaint form b. Anonymously notify the proper governmental agency c. Notify the client and ask them to complete a heath information privacy complaint form d. Inform the provider that a formal complaint will be submitted if another breach is committed

a. Complete a health information privacy complaint form -It is the nurse's responsibility to submit complaints to the proper agency regarding a breach of client confidentiality.

Which of the following methods of information exchange can occur without client authorization? a. Walking rounds that involve 2 nurses discussing an assigned client at the client's bedside in a private room b. Recording shift report on a device for all oncoming staff to access information about all clients on the unit c. Talking about a client's information during a staff in-service with all levels of unit staff present d. Providing an employer with confirmation that their employee is currently being treated in the facility

a. Walking rounds that involve 2 nurses discussing an assigned client at the client's bedside in a private room -This practice is acceptable if the two nurses are both assigned to this client and no one else is in the room. It is within the client's rights to hear information about their own care and treatment.

A group of nurses on a clinical unit are planning to research the incidence of falls among clients following joint replacement surgery. Which of the following actions should the nurses take to ensure the study complies with the HIPAA Privacy Rule? a. Contact the medical record department to obtain permission to access clients' charts b. Submit their proposal to the institution review board for review and describe how they will de-identify client information c. Notify the client's who will be included in the study to submit a written request if they choose not to participate d. Obtain permission from the risk management department to gain access to incident reports that were filed due to client falls

b. Submit their proposal to the institution review board for review and describe how they will de-identify client information -Research using client records can be done if client information is de-identified. It is the responsibility of institutional review boards to determine if a study meets this criterion.

A nurse in the emergency department is caring for a client following a motor-vehicle crash. The client is unresponsive and the client's spouse is not present at the facility. Which of the following actions should the nurse take to assist with obtaining consent for the client's surgery? a. Ask the facility's Privacy Officer to witness the informed consent document b. Inform the client's friends that are present about the surgery and obtain group consent c. Ask the nursing supervisor to provide implied emergency consent d. Inform the provider of the spouse's contact information so consent can be obtained over the phone

d. Inform the provider of the spouse's contact information so consent can be obtained over the phone -Because the client is not cognitively or physically able to provide consent, it is within HIPAA guidelines to discuss the client's condition with a spouse, close relative, or friend. Informed consent guidelines mandate obtaining consent from the client's closest adult relative in an emergency situation because it is deemed in the best interest of the client.