Question 1

According to HIPAA, patients are allowed to amend their own medical records.If a state law prohibits patients from amending their own medical records, the result is _____.

Accepted Answer

HIPAA is a federal law and generally preempts state laws that are contrary to its provisions, allowing patients to amend their medical records even if state law prohibits it.

Question 2

Which of the following is required to produce an authorization signed by the patient so that personal health information is released.

Accepted Answer

A patient's employer who provides group healthcare insurance would require an authorization signed by the patient to access personal health information, as they are not directly involved in the patient's care or treatment.

Question 3

Which gives patients the right to access their own information.

Accepted Answer

The HIPAA privacy rule gives patients the right to access their own health information, including medical records and test results. This rule was established to protect the privacy and confidentiality of patients' health information while also granting them access to their own personal medical information.

Question 4

The National Commission for the Protection of Human Subjects in Biomedical and Behavior Research published the Belmont Report, which contains principles that require respect for persons, _____, and justice.

Accepted Answer

The Belmont Report outlines three ethical principles: respect for persons, beneficence, and justice. Beneficence refers to the obligation to minimize harm and maximize benefits.

Question 5

HIPAA requires _____ inform patients about the use of their health record, such as that provided for continuing care, education, fund raising, marketing, or research?

Accepted Answer

HIPAA requires covered entities to inform patients about the use of their health record for various purposes, including continuing care, education, fund raising, marketing, or research. Covered entities include healthcare providers, health plans, and healthcare clearinghouses.

Question 6

According to the American Recovery and Reinvestment Act of 2009 (ARRA), when a patient chooses not to sign a consent for third-party payer use and disclosure of health information for treatment, payment, or health operations (TPO), the patient will be _____.

Accepted Answer

If a patient chooses not to sign a consent for TPO, it means that the third-party payer will not be able to pay for their medical services, and the patient will be responsible for arranging payment for the costs of clinic, hospital or physician office encounters. This does not mean the patient will be denied health care treatment or transferred to a public facility's emergency department. They can choose to pay out-of-pocket, use a different insurance plan, or obtain coverage through a government program like Medicare or Medicaid.

Question 7

ARRA, HIPAA, Privacy Act of 1974, and applicable state legislation facilitate patient access to personal health information for the purpose of obtaining a copy of all or part of their medical record and to correct or amend the record.Which of the circumstances would likely result in the patient being denied access to their personal health information (PHI)?

Accepted Answer

Behavioral health patients may be denied access to their PHI if it is determined that access could be detrimental to their health or safety.

Question 8

A valid authorization to release healthcare information must include a _____, which describes the patient's right to cancel the authorization in writing, the exceptions to cancellation, and the cancellation process.

Accepted Answer

A revocation statement is required in a valid authorization to release healthcare information. This statement includes details about the patient's right to cancel the authorization and the process for doing so. It also lists any exceptions to cancellation, such as if the information has already been released or if the authorization was required for treatment purposes. This ensures that patients have control over the release of their healthcare information.

Question 9

The process of requiring the patient (or legal representative) to provide written authorization for disclosure of healthcare information from medical records is called _____.

Accepted Answer

Requiring written authorization from the patient or legal representative for disclosure of healthcare information is called release of information. Breach of confidentiality refers to unauthorized disclosure of healthcare information. Implied consent is a type of consent that is not explicitly given but rather inferred from the patient's actions or behaviors. Tacit authorization refers to an individual's implicit agreement to a proposed action, without specifically giving express consent.

Question 10

An authorization to release healthcare information is signed _____ the dates of treatment for which the disclosure request is made.

Accepted Answer

The answer of An authorization to release healthcare information is...

Question 11

Which is a repository of personal health records (PHRs) maintained in an electronic format and operated by governmental or commercial entities, which serve as trusted custodians of the data?

Accepted Answer

The repository of personal health records (PHRs) maintained in an electronic format and operated by governmental or commercial entities, which serve as trusted custodians of the data is known as a health record bank. Option A - electronic health record is a digital version of a patient's health record typically maintained by a healthcare provider or organization. Option C - national health information network (NHIN) is a collection of standards, technologies, and services that enable secure and private exchange of health information between diverse stakeholders, such as doctors, hospitals, labs, and patients, over the internet. Option D - personal health information could refer to any information related to an individual's health, including but not limited to PHRs.

Question 12

Today, the _____ owns the physical record, and the _____ owns the information within it.

Accepted Answer

Traditionally, the medical provider holds the physical record, while the patient has the right to access the information contained within it. However, in recent years, more and more providers are transitioning to electronic health records (EHRs), which may be managed by a third-party vendor or technology company. In this case, while the physical records may still belong to the provider, the information within them may be shared and managed by multiple parties, including the EHR vendor and the patient themselves.

Question 13

According to HIPAA, someone who performs or assists in performing a function or activity that involves the use or disclosure of individually identifiable health information on behalf of a covered entity is called a _____.

Accepted Answer

HIPAA defines a business associate as a person or entity that performs certain functions or activities that involve the use or disclosure of protected health information on behalf of a covered entity, such as a healthcare provider or insurer. This can include entities such as billing companies, claims processing firms, and medical transcription services. Business associates are bound by HIPAA regulations regarding the protection and use of patient health information.

Question 14

HIPAA requires the patient to consent to the use and disclosure of health information for treatment, payment, or health care operations (TPO).Which statement associated with the TPO regulation is true?

Accepted Answer

The TPO regulation requires covered entities to provide patients with a list of all disclosures of their health information upon request. This is known as an accounting of disclosures. Choice A is incorrect because HIPAA does not require patient consent prior to starting treatment or care. Choice B is incorrect because patients do have the right to reject the use of their information for TPO purposes. Choice C is incorrect because third-party payers may require patient consent as a condition of enrollment in a health plan.

Question 15

Patients have an opportunity to consent, reject, or restrict the use of their personal health information, which is done by providing a _____ to the patient

Accepted Answer

A notice of privacy practice informs patients about how their personal health information will be used, who will have access to it, and their rights to consent, reject, or restrict its use, which includes the use of a release of information authorization form. The minimum necessity standard and preemption doctrine are related to HIPAA regulations but are not directly applicable to patients providing consent for the use of their personal health information.

Question 16

ARRA confines the release of personal health information to a(n) _____ data set or to the minimum necessary to accomplish the purpose of use, disclosure, or request.

Accepted Answer

ARRA specifically limits the release of personal health information to a limited data set or to the minimum necessary to accomplish the purpose of use, disclosure, or request.

Question 17

One purpose of an institutional review board (IRB) is to _____ medical research prior to involving a human subject.

Accepted Answer

The IRB's main function is to review, approve, and monitor medical research that involves human subjects. They ensure that the research is conducted ethically, with the safety and well-being of the subjects as the top priority. The other choices are not accurate descriptions of the IRB's purpose.

Question 18

Which invalidates an authorization to release healthcare information?

Accepted Answer

An authorization to release healthcare information becomes invalid if the revocation date has expired. This means that the individual who granted the authorization has specified a date after which the authorization is no longer in effect, and if the request to release information is made after that date, it cannot be granted. The other options listed do not invalidate an authorization to release healthcare information.

Question 19

American Recovery and Reinvestment Act of 2009 (ARRA) provisions include the notification of individuals when a breach of confidential occurs.When a state law has a similar provision, _____.

Accepted Answer

ARRA includes a preemption provision that states that when a state law related to a provision in ARRA is more stringent, the state law preempts ARRA. Therefore, if a state law has a similar provision regarding notification of individuals after a breach occurs, and it is more stringent than ARRA's provision, then the state law would preempt ARRA. However, if ARRA's provision is more stringent, then ARRA would preempt the state law.

Question 20

Which asserts that federal matters (e.g., HIPAA legislation) take precedence over state or local matters (e.g., statutes)?

Accepted Answer

The preemption doctrine asserts that federal matters take precedence over state or local matters. This means that if there is a conflict between a federal law (e.g., HIPAA legislation) and a state or local law (e.g., a state statute), the federal law must be followed. This is based on the Supremacy Clause of the U.S. Constitution, which gives federal law priority over state law. The other choices are not related to this concept.

Quiz 10: Access to Health Information: Part A