1.
The Health Insurance Portability and Accountability Act (HIPAA):
Correct Answer
D. All of the above
Explanation
The Health Insurance Portability and Accountability Act (HIPAA) encompasses all of the mentioned aspects. It ensures the protection of health insurance coverage for workers and their families during job changes or loss, establishes national standards for electronic health care transactions, and addresses the security and privacy of health data.
2.
U.S.C. 7332 deals with confidentially of patient medical record information related to:
Correct Answer
C. Drug abuse, alcoholism, infection with the HIV virus, and sickle cell anemia
Explanation
U.S.C. 7332 deals with the confidentiality of patient medical record information related to drug abuse, alcoholism, infection with the HIV virus, and sickle cell anemia. This means that any information related to these conditions cannot be disclosed without the patient's consent. It is important to protect the privacy of individuals and their medical information, especially when it comes to sensitive topics like drug abuse, alcoholism, HIV infection, and sickle cell anemia.
3.
The Privacy Act limits the collection of information about individuals to that which is legally relevant and necessary.
Correct Answer
A. True
Explanation
The Privacy Act is a legislation that regulates the collection of information about individuals. It ensures that only legally relevant and necessary information can be collected. This means that organizations cannot collect unnecessary or irrelevant information about individuals. Therefore, the statement "The Privacy Act limits the collection of information about individuals to that which is legally relevant and necessary" is true.
4.
Patients, for the most part, may gain access to any information pertaining to them that is contained in any system of records.
Correct Answer
A. True
Explanation
Patients have the right to access any information about themselves that is stored in any record system. This means that they can request and obtain their medical records, test results, treatment plans, and any other relevant information. This right is protected by laws such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States. It ensures that patients have control over their personal health information and can make informed decisions about their healthcare.
5.
If the patient wants access to their record, they must provide in writing a valid reason for wanting to see their record.
Correct Answer
B. False
Explanation
The statement is false because under the Health Insurance Portability and Accountability Act (HIPAA), patients have the right to access their medical records without having to provide a valid reason in writing. HIPAA grants patients the right to review and obtain a copy of their medical records, and healthcare providers are required to provide access to these records within a reasonable timeframe.
6.
A patient is being transferred to a contract nursing home for further care. the nursing home may be provided with individually identifiable healthcare information for the purposes of providing medical care to the patient that will be housed in its facility.
Correct Answer
A. True
Explanation
The statement is true because when a patient is transferred to a contract nursing home, it is necessary for the nursing home to have access to the patient's individually identifiable healthcare information in order to provide appropriate medical care. This information is crucial for the nursing home staff to understand the patient's medical history, ongoing treatments, and any specific needs or conditions that require attention. By having access to this information, the nursing home can ensure continuity of care and provide personalized medical treatment to the patient.
7.
Signed authorizations for release of information are considered invalid if there is no expiration date.
Correct Answer
A. True
Explanation
Signed authorizations for release of information are considered invalid if there is no expiration date because an expiration date is necessary to ensure that the authorization is still valid and reflects the individual's current wishes. Without an expiration date, the authorization could potentially be used indefinitely, which could lead to unauthorized access to sensitive information. The inclusion of an expiration date helps to protect the privacy and confidentiality of the individual's information by ensuring that the authorization is only valid for a specified period of time.
8.
HIV, drug abuse, alcoholism, and sickle cell anemia can be declared to insurance carriers for collection of the cost of medicare without the written authorization of the patient.
Correct Answer
B. False
Explanation
The statement is false because the collection of the cost of Medicare without the written authorization of the patient is not allowed for any medical condition, including HIV, drug abuse, alcoholism, and sickle cell anemia. The patient's written authorization is required for insurance carriers to collect the cost of Medicare.
9.
According to Federal Law, during a phone conversation, you are required to advise consumers of their right to dispute inaccurate or unverifiable information on their own.
Correct Answer
B. False
Explanation
According to Federal Law, there is no requirement for individuals to advise consumers of their right to dispute inaccurate or unverifiable information during a phone conversation. Therefore, the statement is false.
10.
A violation of the HIPAA laws can include a fine of $50,000 and up to one year in jail.
Correct Answer
A. True
Explanation
A violation of the HIPAA laws, which protect the privacy and security of individuals' health information, can indeed result in a fine of $50,000 and up to one year in jail. This is because HIPAA is a federal law that imposes penalties for non-compliance, and these penalties are intended to deter violations and ensure the protection of individuals' health information. Therefore, the statement that a violation of HIPAA laws can include a fine of $50,000 and up to one year in jail is true.
11.
When a patient requests copies of his/her medical records:
Correct Answer
C. I can charge reasonable cost-based fees
Explanation
When a patient requests copies of their medical records, the healthcare provider is allowed to charge reasonable cost-based fees. This means that the provider can charge an amount that covers the actual costs associated with retrieving and copying the records. The fees should be reasonable and should not be set arbitrarily or excessively. This ensures that the patient can access their records while also allowing the provider to recover their expenses.
12.
When a patient requests access to his/her medical records:
Correct Answer
D. B and C
Explanation
When a patient requests access to his/her medical records, the healthcare provider may choose to provide a summary instead of the complete record if they believe it would be too difficult for the patient to interpret. In such cases, the provider needs to have the requestor agree on charges for the summary in advance. This means that both options B and C are correct.
13.
A copy of an authorization.
Correct Answer
C. Is acceptable if all elements are included
Explanation
A copy of an authorization is acceptable if all elements are included because it ensures that all necessary information and details are present and can be verified. This means that the copy is a complete and accurate representation of the original authorization.
14.
An authorization can be revoked:
Correct Answer
A. Only within 30 days of the original authorization
Explanation
An authorization can only be revoked within 30 days of the original authorization. This means that after 30 days have passed, the authorization cannot be revoked anymore. The other options mentioned, such as revoking by telephone request or if the requested action has not already been taken, are not mentioned as conditions for revoking the authorization. Therefore, the only valid condition stated is within the 30-day timeframe.
15.
Patient complaints must first be filed with the physician's office.
Correct Answer
B. False
Explanation
Patient complaints do not necessarily have to be filed with the physician's office first. Patients have the option to file complaints with other entities such as medical boards, regulatory agencies, or even legal authorities. Therefore, the statement that patient complaints must first be filed with the physician's office is false.
16.
If the Secretary of Health and Human Services (HSS) validates a complaint my practice:
Correct Answer
D. It may result in a compliance review
Explanation
If the Secretary of Health and Human Services (HSS) validates a complaint, it may result in a compliance review. This means that the HSS will investigate the complaint and assess whether the practice is in compliance with relevant regulations and guidelines. The compliance review could lead to further actions or penalties if any violations are found.
17.
My practice can respond to a request to amend a record:
Correct Answer
D. Within 60 days
Explanation
The correct answer is "Within 60 days." This means that the practice is able to respond to a request to amend a record within a maximum time frame of 60 days. It indicates that the practice is committed to promptly addressing any requests for record amendments within this specified period.
18.
A practice can refuse to amend the record:
Correct Answer
D. Under specific circumstances
Explanation
The correct answer is "Under specific circumstances". This means that a practice has the right to refuse to amend a medical record, but only in certain situations. It suggests that there are specific criteria or conditions that need to be met for the practice to exercise this right. The answer implies that there are limitations to the practice's ability to refuse amending the record, and it is not a blanket refusal under any circumstance.
19.
The Notice of Privacy Practices (NPP) must be:
Correct Answer
D. All of the above
Explanation
The Notice of Privacy Practices (NPP) must be given to each patient at their first visit after April 14, 2003. This ensures that patients are informed about their privacy rights and how their health information will be used. Additionally, the NPP should be posted on the healthcare provider's website, if they have one, to make it easily accessible to patients. Furthermore, the NPP should also be posted in the office to ensure that patients who visit in person can review it. Therefore, all of the options mentioned (given to each patient, posted on the website, and posted in the office) are correct.
20.
If I forget to give a Notice of Privacy Practices (NPP) to a patient:
Correct Answer
D. I have to mail it on the date of service and document my actions
Explanation
If a healthcare provider forgets to give a Notice of Privacy Practices (NPP) to a patient, they are required to mail it on the date of service and document their actions. This is important because the NPP informs patients about their privacy rights and how their health information may be used and disclosed. Mailing it on the date of service ensures that the patient receives the information in a timely manner, and documenting the actions helps to demonstrate compliance with privacy regulations.
21.
Once the Notice of Privacy Practices NPP) is written:
Correct Answer
B. It can be changed if i have reserved this right in my notice
Explanation
The correct answer is "It can be changed if I have reserved this right in my notice." This means that if the Notice of Privacy Practices (NPP) includes a statement that allows for changes to be made, then it can be modified. The NPP serves as a document that outlines how an organization handles and protects individuals' private information. By reserving the right to make changes in the notice, the organization can update its privacy practices as needed to comply with any new regulations or to improve its privacy policies.
22.
Protected health information (PHI) can only be given out after obtaining written authorization.
Correct Answer
B. False
Explanation
False. Protected health information (PHI) can be given out without obtaining written authorization in certain situations. These situations include providing PHI for treatment, payment, and healthcare operations, as well as when required by law or for public health purposes. However, it is important to follow privacy regulations and ensure that PHI is only disclosed on a need-to-know basis to protect patient confidentiality.
23.
If a non-authorized disclosure of protected health information (PHI) is made:
Correct Answer
D. A and B
Explanation
If a non-authorized disclosure of protected health information (PHI) is made, it is necessary to keep a record of this for six years. Additionally, the patient must be provided with a full accounting upon proper request. This means that both options A and B are correct.
24.
If a patient wants to a request a restriction on the disclosure of his/her protected health information (PHI):
Correct Answer
B. It must be in writing
Explanation
When a patient wants to request a restriction on the disclosure of their protected health information (PHI), it must be done in writing. This means that the patient needs to provide a written request specifying the restrictions they want to impose on the disclosure of their PHI. Verbal requests or any other form of communication may not be sufficient to ensure that the request is properly documented and followed. Therefore, a written request is necessary to initiate the process of restricting the disclosure of the patient's PHI.
25.
Staff must be trained:
Correct Answer
D. A and B
Explanation
Staff must be trained annually and initially, prior to April 14, 2003. This means that training should occur every year and also before the specified date. Both options A and B are correct because they both provide necessary timeframes for staff training.
26.
Other than office staff:
Correct Answer
D. Everyone who works in my office, including unpaid volunteers, contract employees, and casual laborers, must be trained or show documentation of training about HIPAA
Explanation
The correct answer states that everyone who works in the office, including unpaid volunteers, contract employees, and casual laborers, must be trained or show documentation of training about HIPAA. This means that it is not only the office staff but also other individuals who work in the office, regardless of their employment status, need to be trained or provide proof of training about HIPAA. This ensures that all individuals who have access to protected health information are aware of the regulations and guidelines set by HIPAA to maintain patient privacy and confidentiality.
27.
A privacy officer should conduct the following steps:
Correct Answer
E. All of the above
Explanation
The correct answer is "All of the above" because a privacy officer should conduct all the mentioned steps. Identifying the risks of disclosing protected health information (PHI) helps in understanding the vulnerabilities and taking necessary actions to reduce those risks. Creating and implementing a plan to reduce the risk of releasing PHI ensures that proper measures are in place to safeguard sensitive information. Training all personnel on privacy and security practices of PHI is crucial to ensure that everyone is aware of their responsibilities. Monitoring the implementation and enforcing policy breaches helps in maintaining compliance and addressing any violations effectively.
28.
With a complaint process, the government is the only mechanism to assure a medical practice's compliance with HIPAA.
Correct Answer
B. False
Charge-off
Explanation
This statement is false because the government is not the only mechanism to assure a medical practice's compliance with HIPAA. HIPAA also requires covered entities to have their own internal processes for handling complaints and ensuring compliance with the regulations. Additionally, there are other entities such as accrediting organizations and state agencies that can also play a role in assuring compliance with HIPAA.
29.
I don't have to worry about the minimum necessary requirement for:
Correct Answer
F. A,B, and D only
Explanation
The correct answer is A, B, and D only. This means that the individual does not have to worry about the minimum necessary requirement for disclosures to or requests by a health care provider for treatment, uses or disclosures made pursuant to an authorization, and disclosures made to the Secretary of Health and Human Services (HHS) as per the stated rules. The minimum necessary requirement refers to the principle that healthcare organizations should only use or disclose the minimum amount of protected health information necessary to accomplish the intended purpose. Therefore, for the mentioned scenarios, the individual does not need to be concerned about this requirement.
30.
If an individual authorizes release of protected health information (PHI) that includes psychotherapy notes:
Correct Answer
F. A,B and D only
Explanation
If an individual authorizes release of protected health information (PHI) that includes psychotherapy notes, the correct answers are A, B, and D only. This means that the person can release the PHI without having to consult with the patient about what information to release. They can also condition coverage or treatment on an authorization for psychotherapy notes, but they may use some discretion in doing so. Additionally, they can condition coverage or treatment on an authorization to use or disclose psychotherapy notes.
31.
Which of the following would be considered an Installment Account?
Correct Answer
A. Auto Loan
Explanation
An auto loan would be considered an installment account because it involves borrowing a specific amount of money to purchase a vehicle and then repaying it in fixed monthly installments over a set period of time. Unlike credit cards or utility bills, which typically involve ongoing or variable charges, an auto loan has a predetermined loan amount, interest rate, and fixed repayment schedule. Therefore, an auto loan fits the definition of an installment account.
32.
I don't need a business associate agreement for:
Correct Answer
F. A,B and D only
Explanation
A business associate agreement is not required for employees, cleaning services, or contracted employees who perform a substantial portion of their work at the practice. However, a business associate agreement is typically required for external parties who handle protected health information on behalf of the practice, such as a corporate attorney. Therefore, the correct answer is A, B, and D only.
33.
The Privacy rule requires the treturn or destruction of all prtoected health information (PHI) at the termination of a business associate agreement contract only where feasible or permitted by law:
Correct Answer
A. True
Explanation
The Privacy rule mandates the return or destruction of all protected health information (PHI) when a business associate agreement contract terminates, but only if it is feasible or permitted by law. This means that if it is not possible or legal to return or destroy the PHI, then it is not required. Therefore, the statement "True" is correct.
34.
If the Secretary of Health and Human Services (HSS) validates a complaint my practice:
Correct Answer
D. It may result in a compliance review
Explanation
If the Secretary of Health and Human Services (HSS) validates a complaint against a practice, it may result in a compliance review. This means that the HSS will investigate the practice further to ensure that it is following all necessary regulations and guidelines. The validation of the complaint indicates that there may be some concerns or issues with the practice, and a compliance review is a way to address and rectify these concerns. It is important for practices to comply with regulations to ensure the safety and well-being of patients.
35.
My practice can respond to a request to amend a record:
Correct Answer
D. Within 60 days
Explanation
The correct answer is "Within 60 days." This means that the practice is able to respond to a request to amend a record within a period of 60 days. This timeframe suggests that the practice is committed to addressing any necessary changes or updates to a patient's record in a timely manner.
36.
A practice can refuse to amend the record:
Correct Answer
D. Under specific circumstances
Explanation
The correct answer is "Under specific circumstances." This means that a practice can refuse to amend the record of a patient under certain conditions. These conditions could include situations where amending the record is not necessary for patient care or if it does not affect insurance coverage. However, it is important to note that this refusal can only occur in specific circumstances and cannot be done under any circumstance.
37.
A Notice of Privacy Practices (NPP) must be:
Correct Answer
D. All of the Above
Explanation
All of the above options are correct because a Notice of Privacy Practices (NPP) must be given to each patient at their first visit after April 14, 2003. It should also be posted on the healthcare provider's website if they have one, and it should be physically posted in the office. These actions ensure that patients are informed about their privacy rights and how their personal health information will be handled.
38.
If I forget to give a Notice of Privacy Practices (NPP) to a patient:
Correct Answer
D. I have to mail it on date of service and document my actions
Explanation
If a healthcare provider forgets to give a Notice of Privacy Practices (NPP) to a patient, they are required to mail it on the date of service and document their actions. This is important because the NPP informs patients about their rights regarding the privacy of their health information. Mailing it on the date of service ensures that the patient receives the information in a timely manner. Documenting the actions is necessary to provide evidence that the provider fulfilled their obligation and followed the necessary protocols.
39.
Once the Notice fo Privacy Practices (NPP) is written:
Correct Answer
B. It can be changed if I have reserved this right in my notice
Explanation
The correct answer is that the Notice of Privacy Practices (NPP) can be changed if the individual or organization has reserved this right in their notice. This means that if the NPP includes a statement indicating that the entity reserves the right to make changes to the notice, then they have the ability to modify it in the future. This allows for flexibility in updating the NPP to reflect any changes in privacy practices or legal requirements. It is important to regularly review and update the NPP to ensure that it accurately reflects the entity's privacy policies and procedures.
40.
Protected health information (PHI) can ONLY bbe given out after obtaining written authorization.
Correct Answer
B. False
Explanation
Protected health information (PHI) can be given out without obtaining written authorization in certain situations, such as for treatment, payment, and healthcare operations. However, there are strict regulations and guidelines in place to ensure the privacy and security of PHI, and healthcare providers must comply with these regulations when disclosing PHI. Therefore, the statement that PHI can ONLY be given out after obtaining written authorization is false.
41.
If an non-disclosure of protected health information (PHI) is made:
Correct Answer
D. A and B correct
Explanation
If a non-disclosure of protected health information (PHI) is made, it is necessary to keep a record of this for six years and provide the patient with a full accounting upon proper request. This means that both options A and B are correct.
42.
If a patient wants to request a restriction on the disclosure of his/her proctected health information (PHI):
Correct Answer
B. It must be in writing
Explanation
To request a restriction on the disclosure of their protected health information (PHI), the patient must provide the request in writing. This means that the patient cannot simply verbally request the restriction, but must instead submit a written document outlining their desire to restrict the disclosure of their PHI. This requirement ensures that there is a clear and documented record of the patient's request, providing legal protection and clarity for both the patient and the healthcare provider.
43.
Staff must be trained:
Correct Answer
B. Initially,prior to April 14,2003
Explanation
The correct answer is "Initially, prior to April 14, 2003." This suggests that staff should receive training for the first time before April 14, 2003. This implies that there may be a specific requirement or regulation that was implemented on or after that date, which necessitates the initial training. The answer options of "Annually" and "Once is enough, and it doesn't matter when" are incorrect as they do not consider the specific time frame mentioned in the question. The answer option "A and B" is also incorrect as it combines two different time frames for training.
44.
Other than office staff:
Correct Answer
D. Everyone who works in my office, including unpaid volunteers, contract employees, and casual laborers, must be trained or show documentation of training about HIPAA
Explanation
The answer states that everyone who works in the office, including unpaid volunteers, contract employees, and casual laborers, must be trained or show documentation of training about HIPAA. This means that regardless of their employment status, all individuals who work in the office are required to undergo training or provide proof of training on HIPAA. This ensures that all staff members are knowledgeable about HIPAA regulations and can effectively protect patient privacy and confidentiality.
45.
A privacy officer should conduct the following steps:
Correct Answer
E. All of the Above
Explanation
The correct answer is "All of the Above" because a privacy officer should conduct all of the mentioned steps in order to ensure the protection of protected health information (PHI). By identifying both internal and external risks, creating and implementing a plan to reduce those risks, training personnel on privacy and security practices, and monitoring and enforcing policy breaches, the privacy officer can effectively safeguard PHI.
46.
With a complaint process, the government is the only mechanism to assure a medical practice's compliance with HIPAA.
Correct Answer
B. False
Explanation
The statement is false because the government is not the only mechanism to assure a medical practice's compliance with HIPAA. While the government does play a role in enforcing HIPAA regulations, there are also other mechanisms in place. These include internal audits, self-assessments, third-party audits, and industry certifications. These mechanisms help ensure that medical practices are compliant with HIPAA guidelines and protect patient privacy and security.
47.
I don't have to worry about the minimum necessary requirement for:
Correct Answer
F. A,B,and D only
Explanation
The correct answer is A, B, and D only. This means that the minimum necessary requirement does not apply to disclosures to or requests by a healthcare provider for treatment, uses or disclosures made pursuant to an authorization, and disclosures made to the Secretary of Health and Human Services (HHS) pursuant to the stated rules. This requirement, which is part of the HIPAA Privacy Rule, states that covered entities must make reasonable efforts to limit the use, disclosure, or request of protected health information to the minimum necessary to accomplish the intended purpose. However, this requirement does apply to uses or disclosures made to the individual's family.
48.
I don't need a business agreement for:
Correct Answer
F. A,B, and D only.
Explanation
The correct answer is A, B, and D only. This means that the person does not need a business agreement for their employees, cleaning service, and contracted employees such as a physical therapist who perform a substantial portion of their work at their practice. It is likely that these individuals are already covered by other agreements or contracts, such as employment contracts or service agreements. The answer excludes the option of needing a business agreement for a corporate attorney, indicating that a business agreement may be necessary in this case.
49.
The Privacy Rule requires the return or destruction of all proctected health information (PHI) at the termination of a business associate agreement contract only where feasible or permitted by law:
Correct Answer
A. True
Explanation
The Privacy Rule mandates that all protected health information (PHI) must be returned or destroyed at the end of a business associate agreement contract, but only if it is feasible or allowed by law. This means that if it is possible and legal to do so, the PHI should be returned or destroyed. However, if it is not feasible or permitted, then the PHI does not need to be returned or destroyed.