Questions and Verified Answers (2023/ 2024
Update)
QUESTION
Why is more difficult to get Authorization today?
Answer:
- Rule mandates that the form state a purpose that is meaningful and specific.
- This combined with the requirement of including a sunset date, or event, may mean that if you
have limited purpose you will have to renew the authorization on its expiration.
QUESTION
Use and Disclosure general rules that should be in a policy
Answer:
• CE may not use or disclose PHI, except as
permitted or required...
• Minimum necessary
• Uses and disclosures of PHI subject to an
agreed upon restriction
• Uses and disclosures of de-identified protected
health information
• Disclosures to BAs
• Deceased individuals
• Personal representatives
• Confidential communications
• Uses and disclosures consistent with notice
• Disclosures by whistleblowers and workforce
member crime victims.
QUESTION
Minimum Necessary
,Answer:
using or disclosing information to limit protected
health information to the minimum necessary
to accomplish the intended purpose of the use,
disclosure, or request.
QUESTION
When does Minimum Necessary not apply?
Answer:
- does not apply to treatment uses and disclosures
- disclosures to the individual
- disclosures per authorization,
- disclosures made to the Secretary, or disclosures required by law.
QUESTION
May CE use, disclose or request a whole medical record?
Answer:
amount disclosed must reasonably necessary to accomplish the purpose of the use, disclosure, or
request
QUESTION
Where does Minimum Necessary link to in the Security rule?
Answer:
Role Based Access - can content filters be used to support the privacy concept
QUESTION
What secondary purpose does Minimum Necessary support?
Answer:
,a measurement to support any
disciplinary process for unauthorized access
QUESTION
The privacy professional's main task
is to reduce risk by ensuring that privacy rights are not violated. How does Minimum Necessary
accomplish this?
Answer:
- justify why they want information sent
- why access is allowed, based on the use or disclosure but limited to the minimum necessary
QUESTION
You MAY use or disclose without
authorization for which 14 circumstances?
Answer:
• Treatment
• Payment
• Business operations
• Research (under certain circumstances)
• As required by law
• To avert a serious threat to health or safety
• Workers compensation
• Public health activities
• Reporting abuse, neglect or domestic violence
• Health oversight activities
• Organ and tissue donation
• Lawsuits and disputes
• Law enforcement
• Specialized government functions.
QUESTION
Who can Deceased Individuals information be released at anytime?
Answer:
, decedent information can be released to coroners or medical examiners
QUESTION
When can a decedent information be released for research?
Answer:
if the CE first obtains, from the
researcher, a representation that the use or
disclosure sought is solely for research on the
protected health information of decedents.
QUESTION
Are two specific instances where a CE must seek permission from the individual if they want to
use or disclose PHI?
Answer:
- "facility directories,"
- Second is "uses and disclosures for involvement in the individual's care and notification
purposes.
QUESTION
Is a valid authorization required for Psychotherapy Notes/Records?
Answer:
yes, except for TPO including the entity's internal
training program and Marketing.
QUESTION
What are the seven elements of a valid Authorization?
Answer:
• A specific and meaningful description of the
information to be disclosed, including specific