Confidentiality And Privilege

Front 1

What refers to the basic right of an individual to decide how much personal information can be shared with others

Back 1

Privacy

Front 2

What are some appropriate reasons for asking a client for private information

Back 2

1) needing the information to provide services

2) conducting social work evaluation or research

Front 3

What term refers to the obligation to protect clients, research and evaluation subjects, supervises, employees, and others from unauthorized disclosure of information revealed in the context of a professional relationship

Back 3

Confidentiality.

Front 4

T or F, Maintaining cl confidentiality is an ethical, but not a legal obligation

Back 4

F, it is an ethical AND a legal obligation.

Front 5

T or F, adults and minors have confidentiality rights

Back 5

T

Front 6

What three things should you do with group members of before beginning therapy in regards to confidentiality?

Back 6

1) Discuss confidentiality thoroughly with participants

2) Seek an agreement from the participants to maintain one another confidentiality

3) notify participants that you cannot guarantee that all of them will abide by the agreement.

Front 7

What measure does "experts recommend" to help maintain confidentiality in a group, given that it is not legally required of group members

Back 7

A written commitment to preserve the confidentiality of all information disclosed to the group.

Front 8

When seeking consultation, what should you NOT disclose about a client unless you have written permission or a compelling need.

Back 8

Identifying information.

Front 9

Is it necessary to get a client's permission to discuss his/her case with a consultant

Back 9

No, as long as no identifying information is used.

Front 10

Is it ok to disclose confidential information to third-party payers?

Back 10

Only if given written permission

Front 11

Who do you need permission from when releasing confidential information after a client's death?

Back 11

Executor of client's estate or client's legal representative

Front 12

In written records, You should document only ________________ to the delivery of services

Back 12

Information that is directly relevant to the delivery of services.

Front 13

What two measures should you take take to protect the confidentiality of cl's written and electronic records?

Back 13

1) making sure they are stored in a secure place where they aren't available to others

2) transfer or dispose in a way that protects confidentiality.

Front 14

While confidentiality is commonly thought of in terms of the information a client reveals, it also refers to keeping _____________ confidential

Back 14

The relationship

Front 15

T or F, a cl still has a right to confidentiality, even if therapy is court ordered.

Back 15

T, written permission for release must be signed before proceeding with services.

Front 16

What steps need to be a taken when a request for records is made by an attorney

Back 16

1) assert privaledge

2) discuss attorney's request with client, including possible consequences

3) cl signs release and you can then release records

Front 17

T or F, a cl complaint to the licensing board automatically grants release of information

Back 17

F, before releasing records, verify that written consent was given .

Front 18

What is "widening the pool of confidentiality" - often used by case managers

Back 18

When the case manager and cl determine together who should be given personal and private information as the need to do so arises.

Front 19

T or F, parents have the right to review their minor child's educational records

Back 19

T

Front 20

What three pieces of information can an employer/manager receive when an employee is referred to EAP

Back 20

1) If employee kept appt.

2) whether employee needs treatment

3) whether employee accepted treatment.

Front 21

What two areas should you discuss with cl in relation to limits of confidentiality?

Back 21

1) The circumstances when confidential information may be requested (i.e. Another professional involved in your cl's case requests confidential information)

2) When disclosure of confidential information may be required by law.

Front 22

When speaking with the follow individuals, you should receive a signed release:

Back 22

1) family and friends

2) teachers

3) employers

4) other professionals (physician, previous therapist, psychiatrist)

5) anyone else collecting collateral information

Front 23

What are some situations in which you need a release before disclosing confidential information

Back 23

1) When referring cl to another agency or professional

2) communicating with cl's insurance company

3) when a cl allows or requests release for a legal proceeding.

Front 24

T or F, if a cl has given written permission to another professional, you don't need a release of your own.

Back 24

F, you still need a release of your own.

Front 25

What should an LCSW share with adults paying for services of other adults

Back 25

Share with all involved parties that payment does not mean they are entitled to records, you still need a written consent to release adult records to another adult.

Front 26

In what two situations does the assumption of confidentiality not apply?

Back 26

1) You need to disclose certain information to prevent serious, foreseeable, and imminent harm to a cl or another identifiable person

2) laws or regulations require you to disclose certain information with a cl's consent

Front 27

What should you keep in mind when releasing confidential information in situations where it is required?

Back 27

1) disclose least amount of information to achieve intended purposes.

2) inform cl. Of disclosure

3) when feasible, inform cl BEFORE making disclosure.

Front 28

What are the three situations in which confidentiality MUST be breached.

Back 28

1) Duty to warn/protect (warn intended victims when cl communicates serious threat of violence against reasonably identifiable victim.

2) Child abuse

3) Elder or dependent adult abuse.

Front 29

T or F, there is no obligation to report a crime that a cl has committed in the past as long as it isn't child, elder, or dependent abuse

Back 29

T

Front 30

What three areas are areas in which an LCSW MAY breach confidentiality without written consent

Back 30

1) disclosure of psychotherapy treatment records to health-care providers, plans, professionals, and facilities for purposes of diagnosis or treatment of patient.

2) When a child is "suffering serious emotional damage or at risk of suffering serious emotional damage"

3) Elder or dependent adults where report isn't mandated, but emotional well-being is in danger

4) If cl is a danger to himself or others, or to the property of others and disclosure is necessary to prevent the threatened danger.

Front 31

________ conduct is the failure to maintain confidentiality except when mandated

Back 31

Unprofessional

Front 32

What is protected health information?

Back 32

Any individually identifiable health information that is transmitted or maintained in any medium and is "created or received by a health-care provider...and relates to the past, present, or future physical or mental health condition of an individual."

Front 33

When is the "privacy rule" triggered?

Back 33

Anytime PHI is transmitted in connection with claims, payment, enrollment or disenrollment in healthcare plan.

Front 34

T or F, Privacy rule only applies to electronic transmission of information

Back 34

F, it applies to all of providers transactions

Front 35

When does an LCSW become a "covered entity" under HIPPA

Back 35

When he/she transmits health information in electronic forms.

Front 36

The privacy rule states that a written authorization from a patient is required before a provider discloses PHI, except ______________

Back 36

When information is being disclosed for routine purposes related to treatment, payment, or health-care operations.

Front 37

What are the possible penalties for violating confidentiality?

Back 37

Denial, suspension, or revocation or license or registration.

- guilty of a misdemeanor, imprisonment of up to six months, fine up to $1000

Front 38

Does HIPAA preempt california law for patient rights to access PHI or vice versa?

Back 38

Hippa > California law because it is more stringent.

Front 39

What does TPO stand for, is an authorization needed?

Back 39

Written authorization is required when a provider discloses PHI except when information is for routine purposes related to TREATMENT, PAYMENT, HEALTH-CARE OPERATIONS.

Front 40

________ Is the legal term that refers to a person's right not to have confidential information revealed in a legal proceeding without the permission of his/her legal representative.

Back 40

Privilege

Front 41

T or F, A person who is conserved or has a guardian still maintains the right to their own privilege

Back 41

F, a guardian or conservator holds the right to the patient's privilege.

Front 42

T or F, waiver of privilege by one client does not affect another client's right to claim the privilege

Back 42

T, for instance if you saw a couple in therapy and the wife wanted you to testify in court, but husband had not waived privilege, it could be tricky because you couldn't divulge anything he had said.

Front 43

T or F, a therapist can assert privilege for their client, even before client requests it

Back 43

T, for instance, the first time you're asked to testify in court, you should claim privilege until a court order or permission is granted by privilege holder.

Front 44

How does privilege differ between court-mandated and court-appointed therapists

Back 44

Court mandated therapy is privileged, court-appointed (i.e. Therapist evaluating for child custody case) is NOT privileged.

Front 45

____________Orders a person to testify before the ordering authority or face punishment

Back 45

Subpeona ad testifacandum

Front 46

A legal document that requires the recipient to testify at a designated time and place

Back 46

Subpeona

Front 47

___________ orders a person to bring physical evidence before the ordering authority or face punishment

Back 47

Subpeona duces tecum

Front 48

What steps should an LCSW take in response to a subpeona

Back 48

1) Determine if it's legally valid

2) Contact the client and attempt to gain consent, if no consent then have attorney file a motion to quash or modify

3) If the client does consent release only info relevent to the case

Front 49

T or F, when a court requests confidential information for the FIRST time and it is legally valid, you should comply.

Back 49

F, assert privilege, it is the court's job to decide whether or not privilege is waived