The Health Insurance Portability and Accountability Act (HIPAA)

Question 1

Technically, compliance with HIPAA’s rules is only required when health information is __________________________. However, once any information is transmitted electronically, HIPAA’s rules apply to the ________________ of a psychologist or institution.

Answer 1

• Transmitted in some electronic form
• Entire practice

Question 2

Under HIPAA, do you need written consent to disclose PHI for the purposes of treatment, payment, or to carry out health care operations.

Answer 2

No, although it is generally considered the standard of practice

Question 3

HIPAA provides for ___ (#) basic patients’ rights.

Answer 3

6.

Question 4

HIPAA Right of Notice

Answer 4

Patients have the right to be informed about the psychologist’s privacy policy and the ways in which PHI may be used or disclosed, as well as patients’ rights to limit uses and disclosures. Patients should be provided with a written copy of the psychologist’s privacy policy.

Question 5

HIPAA Right to Request Restriction

Answer 5

Psychologists are obligated to agree to “reasonable requests” to restrict use and disclosure of PHI. Psychologists are not obligated to agree to any and all limits on disclosure and use that are requested by patients.

Question 6

HIPAA Right to Receive Confidential Communications by Alternative Means and at Alternative Locations

Answer 6

Patients may elect to have psychologists mail their bills to an address other than their home address or not to call them at their home phone, in order to protect patients’ confidentiality.

Question 7

HIPAA Access to Records

Answer 7

Patients have the right to inspect and receive a copy of PHI that is in the medical record. Records may only be withheld when disclosure would jeopardize the life or physical safety of the patient or others. Patients do not have a right to inspect or obtain a copy of their psychotherapy notes.

Question 8

HIPAA Right of Amendment

Answer 8

Patients may request changes to their PHI to improve accuracy. If a psychotherapist determines that such a change would make the PHI less accurate, the request may be denied. The record may never be expunged; instead, changes should be noted as amendments. All requests for amendments, as well as whether they were granted or denied, must be documented.

Question 9

HIPAA Right of Accounting

Answer 9

Patients have the right to receive record of all the disclosures of their PHI for the past six years. This record must include information about the date of the disclosure, the party to whom the information was disclosed, and a description of what was disclosed and for what purpose. Written authorization by the patient may be used in lieu of such an accounting procedure.

Question 10

What are the 5 things psychologists have to do according to HIPAA?

Answer 10

• Must track all disclosures made (date, person, reason, what was disclosed)
• Must have a written privacy policy that is in compliance with HIPAA and state law, and must list a HIPAA compliance officer (can be the psychologist)
• Must take reasonable steps to safeguard PHI (encryption, lock file cabinets, etc.)
• Must make sure that employees and contractors are trained in and compliant with HIPAA
• Keep psychotherapy notes separate from the record, if you want them to enjoy more stringent protections