Psychiatric Assessment for the PMHNP |Qs & As-
Chamberlain.
Q. Health Insurance Portability and Accountability Act (HIPAA)
ANSWER
provides a legal framework for handling client information
-HIPAA rules help protect the privacy of the client's identifiable health information while facilitating
communication among providers and other entities
• ensure information is available for treatment and other purposes such as insurance benefits
-health professionals may be held legally liable by state and federal law for breaching confidentiality
Q. Release of Information
ANSWER
-HIPAA guides the PMHNP in making decisions about when to share information based on their professional
judgment to prevent harm
• may be necessary for providers to share mental and behavioral health information to enhance treatment or
ensure the health and safety of the client and others
-PMHNPs are mandatory reporters in cases of suspected child abuse
Q. Duty to Warn
ANSWER
exception to requirements for confidentiality
-Most states have laws that allow mental health professionals to share information about clients who may
become violent
-several states, it is even mandatory for providers to report when clients may pose a danger to themselves or
others
Q. John is a 36-year-old with a diagnosis of schizophrenia. He lives with his mother. His symptoms are
ANSWER
currently well managed by medications; however, he sometimes forgets to take them. At the visit with the
PMHNP, John asks the PMHNP to go over his medication regimen with his mother.
Is this allowed under HIPAA?
Yes
Rationale: In situations where the client is given the opportunity and does not object, HIPAA allows the
provider to share or discuss the client's mental health information with family members or other persons
involved in the client's care or payment for care
1
,Q. John's sister calls the PMHNP to discuss her concerns that John is under a lot of stress and may be showing
signs of psychosis. John has not permitted the PMHNP to speak with his sister as they are estranged, and John
has asked the PMHNP not to share information.
Is it acceptable for the PMHNP to share information about John's status with his sister?
ANSWER
No
Rationale: The HIPAA Privacy Rule permits a health care provider to disclose information to the family
members of an adult client who has the capacity and indicates that he or she does not want the disclosure
made, only to the extent that the provider perceives a serious and imminent threat to the health or safety of the
client or others and the family members are in a position to lessen the threat. Otherwise, under HIPAA, the
provider must respect the wishes of the adult client who objects to the disclosure.
Q. Is it permissible for the PMHNP to listen to the sister's concerns without sharing information?
ANSWER
Yes
Rationale: HIPAA in no way prevents health care providers from listening to family members or other
caregivers who may have concerns about the health.
Q. John's mother recently had a stroke and is in the neuro intensive care unit (ICU). With his mother out of
the home, John has forgotten to take his medications for over a week. He begins to experience hallucinations
and paranoia. At his appointment with the PMHNP, he threatens to harm his sister.
To whom should the PMHNP disclose this information (select all that apply):
ANSWER
-John's sister
-John's mother's nurse in the neuro ICU
-Law enforcement near the sister's home
-A social worker from the Board of Developmental Disabilities who has been working with the family
-John's sister
-Law enforcement near the sister's home
-A social worker from the Board of Developmental Disabilities who has been working with the family
Rationale: The Privacy Rule permits a health care provider to disclose necessary information about a client to
law enforcement, family members of the client, or other persons when the provider believes the client presents
a serious and imminent threat to self or others. Specifically, when a health care provider believes in good faith
that such a warning is necessary to prevent or lessen a serious and imminent threat to the health or safety of
the client or others, the Privacy Rule allows the provider, consistent with applicable law and standards of
ethical conduct, to alert those persons whom the provider believes are reasonably able to prevent or lessen the
threat.
2
, Q. Informed Consent
ANSWER
for care and treatment is a fundamental ethical and legal principle
-respects the client's autonomy in medical decision-making
-Clients have the right to receive information and ask questions about recommended treatments so they can
make decisions about their care that are consistent with their beliefs, values, and goals of treatment
-Clients have the right to knowledge about their treatment under "reasonable practitioner" or "reasonable
person" standards under U. S. law.
-may change over time and in different circumstances
• is an ongoing process
Q. Steps to Obtaining Informed Consent
ANSWER
-Assess client ability to understand medical information & tx options & to make a voluntary decision
-Present relevant information with accuracy and sensitivity, Should include information about:
• Diagnosis
• Nature and purpose of treatment options
• Benefits, risks, and burdens of all treatment options, including forgoing treatment
-Document informed consent conversation in the medical record, including all consent forms
Q. Informed Consent: Documentation
ANSWER
Documentation of the discussion to obtain informed consent should include:
-treatment plans with risks and benefits identified
-reasonable alternatives with risks and benefits identified
-assessment of client understanding of the discussion
*must demonstrate that the client participated in the decision-making process and that the client was not
coerced into treatment
Q. Exceptions to Informed Consent:
ANSWER
-client incapacitation
-life-threatening emergencies
-voluntary waived consent
-client unable to make decisions and has no designated decision-maker
-involuntary treatment
3