42. The HIPAA Privacy Rule ________________ a. does not prevent the ability to disclose necessary information about a patient to law enforcement, family members of the patient, or other persons, when the provider believes the patient presents a serious danger to themself or other people. b. says psychotherapy or case notes can never be disclosed. c. provides an extensive list of permitted disclosures, and despite Florida State Statutes that provide greater privacy protections or privacy rights with respect to patients’ PHI, the HIPAA rule will apply. d. does not agree with the Florida Statutes on shared information to any degree. 43. The American Mental Health Counseling Association (AMHCA) Code of Ethics 2020 revision provides which of the following advisories on disclosure of information related to the duty to warn? a. The release of information without consent of the client may only take place under the most extreme circumstances: the protection of life (suicidality or homicidality), child abuse, and/or abuse of incompetent persons and elder abuse. b. There are no circumstances that allow the release of information without a specific court order. c. Release of information is governed by the guidelines in HIPAA. d. The therapist must get the consent of the client regardless of the extreme circumstances above. 44. Florida Statute s. 491.0147(2) ___________________ a. is more restrictive than some other states’ because the disclosure of confidential information is required. b. indicates that confidential communication between the licensed or certified mental health worker and the patient or client may be waived in certain cases. c. says that confidentiality is waived in the event of “a specific threat to cause serious bodily injury or death to an identified or readily available person, and the person licensed or certified under this chapter makes a clinical judgment that the patient or client has the apparent intent and ability to imminently or immediately carry out such threat.” d. provides an exception for disclosure of PHI to insurance companies for purposes of payment or to law enforcement officials for an investigation. 45. Where Florida State Statutes provide greater privacy protections or privacy rights with respect to patients’ PHI, ___________________ a. state laws will apply, overriding HIPAA. b. HIPAA will apply, overriding state law. c. it is essential to consult an attorney. d. the board will decide on the proper course of action.
46. Concerning telehealth, ___________________ a. Florida has a statute that addresses telehealth. b. the statutes do not address long-distance services. c. the state of Florida does not make use of the National Practitioner Data Bank. d. a telehealth provider may not use telehealth to perform a patient evaluation. 47. The COVID-19 pandemic brought about ___________________ a. a tightening of HIPAA rules in the face of greater telehealth use. b. a temporary relaxation of HIPAA telehealth rules. c. a permanent relaxation of HIPAA telehealth rules. d. no change in HIPAA rules. 48. Under the IDEA, the collaboration of public and private instructional personnel shall be designed to enhance but not supplant the school district’s responsibilities and the school as the local education agency shall provide therapy services to meet the expectations provided in federal law and regulations and state statutes and rules. IDEA stands for __________ a. the Individuals with Disabilities Education Act. b. the Independent wholesale Distribution Education Act. c. the Internal Distance Education Act. d. the International Disability Endowment Act. 49. In selecting a guardian advocate, the court shall give preference to a health care surrogate, if one has already been designated by the patient. If the patient has not previously selected a health care surrogate, except for good cause documented in the court record, the selection can include all of the following EXCEPT: a. The patient’s spouse. b. An adult child of the patient. c. A creditor of the patient d. An adult trained and willing to serve as guardian advocate for the patient. 50. Unless the guardian advocate has sought and received express court approval in proceeding separate from the proceeding to determine the competence of the patient to consent to medical treatment, the guardian advocates may consent to all of the following EXCEPT: a. Psychosurgery. b. Electroconvulsive treatment. c. Experimental treatments that have not been approved by a federally approved institutional review board in accordance with 45 C.F.R. part 46 or 21 C.F.R. part 56. d. Medical treatments.
Course Code: SWFL05FL
EliteLearning.com/Social-Work
Book Code: SWFL1825
Page 65
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