Define the term "Business Associate"
What is a person or entity who provides certain functions, activities, or services for Covered Entity, involving the use and/or disclosure of protected health information, other than a member of our workforce.
Do the same requirements apply to mental health records and to medical records?
What are highly protected records. The release of these records is more stringent. "Psychotherapy notes" are accorded special privacy protections under this regulation. Further, counseling, mental health records, records related to sexually transmitted diseases, genetic records and drug and alcohol treatment records are highly protected and require patient authorization with specific boxes checked or a court order for release.
Name at least 2 circumstances under which protected health information may be disclosed without a client's consent or authorization.
1. disclosures required by law to include TPO 2. permitted disclosures for public health activities (such as reporting diseases, collecting vital statistics, etc.) 3. disclosure about victims of abuse, neglect or domestic violence 4. health oversight activities 5. disclosures for judicial or administrative proceedings 6. disclosure for law enforcement purposes 7. use and disclosure for research purposes 8. disclosures to avert a serious threat to health or safety
Name 2 circumstances when psychotherapy notes, counseling records, mental health records may be disclosed without consent or authorization:
1. When needed to defend a lawsuit against the therapist by the individual who is the subject of the notes. 2. To HHS when required for enforcement of the privacy rule. 3. When required by law 4. When needed to avert a serious threat. 5. To a coroner or medical examiner
Can an parent or legal guardian accompany them to a medical appointment?
From a strictly HIPAA standpoint, yes, but make sure to ask the Patient for authorization, out of ear shot, prior to allowing access. Take the patient inside room first and verify.