Term
| What does HIPAA stand for? |
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Definition
Health
Insurance
Portability
Accountability
Act |
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Term
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Definition
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Term
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Definition
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Term
| What is a HIPAA covered entity? |
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Definition
A healthcare provider that... transmits protected health information (PHI)...
electronically in connection with a...
HIPAA covered transaction |
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Term
| Are there both State and Fed HIPAA laws? |
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Definition
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Term
| What is the bottom line regarding HIPAA? |
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Definition
| To protect client information. |
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Term
| What is confidentiality the foundation of? |
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Definition
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Term
| Can you disclose confidential information without the client's written consent? |
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Definition
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Term
| Which CAADE Code of Ethics apply to confidentiality? |
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Definition
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Term
| What is the hierarchical order of confidentiality? |
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Definition
| HIPAA Law Federal Law State Law Ethical Guidelines |
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Term
| What is Tarasoff regarding? |
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Definition
| Tarasoff v. Regents of the University of California, 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 (Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. * The original 1974 decision mandated warning the threatened individual * but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. The professional may discharge the duty in several ways, including notifying police, warning the intended victim, and/or taking other reasonable steps to protect the threatened individual. |
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Term
| When was the original Tarasoff decision made? |
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Definition
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Term
| When was Tarasoff reheard by the Supreme Court? |
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Definition
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Term
| How may the professional discharge the duty? |
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Definition
1. Notify Police
2. Warn intended victim
3. Take other reasonable steps to protect threatened individual |
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Term
| How did the Supreme Court restate the original position? |
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Definition
| When a therapist determines that there is a serious danger of violence to another person, that the therapist has an obligation |
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Term
| What are the warning signs? |
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Definition
| Imminent danger of harming himself or others |
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Term
| DISCHARGE OF DUTY (California State) Must take one or more of the following steps: |
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Definition
1. Call intended victim
2. Noyify the police
3. Take steps that are reasonably necessary under the circumstances
* Careful to get legal council before going down the road
* Notify Supervisor
* Document conversation |
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Term
| FOUR THINGS THAT NEED TO HAPPEN - DUTY TO PROTECT? |
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Definition
1. Client and/or client family member
2. has communicated to the clinician
3. a serious threat of violence
4. against a reasonably identifiable victim |
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Term
| What do you do when you need to protect? |
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Definition
1. CYA (consult collegeues, supervisor, legal counsel)
2. Conduct an assessment for violence (or find someone who can if you are not trained in threat assessment)
3. Document, document, document |
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Term
| What are the eight violence assessment considerations? |
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Definition
| 1. Past history of violence. But consider if using or not using 2. mpulsivity (0-60 be very careful) 3. Ability to resist violent impulses (flight or fight) 4. Reaction to violence/desensitization 5. Motivation to maintain self-control 6. Major risk factor for violence is alcohol and/or drugs 7. If authorization for release of information: talk with family member (how do they handle conflict) 8. When doing assessment, look for consistency between different opinions between psychiatrist, other clinicians, family members, etc. When discrepancies apparent, send for further assessment. |
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Term
| Reasonable steps to take when assessed positive for violence |
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Definition
1. Self 5150'ed
2. Changing txt plan (outpatient to in patient, stricter txt)
3. Warning of those threatened (other potential victims if in household)
4. Notify police (ask police to do a welfare check) |
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Term
| How does Tarasoff relate to HIV/AIDS? |
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Definition
Client is willfully engaging in high unsafe sex and wants to infect others.
HIV/AIDS ls not a threat of violence. Responsibility of partner to also use protection. |
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Term
| One purpose of record keeping is? |
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Definition
| Provides history of treatment for others. |
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Term
| The Health Information Portability and Accountability Act (HIPAA) has to do with what? |
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Definition
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Term
| The central right of clients concerning confidentiality is? |
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Definition
| it guarantees that disclosures during therapy will be protected unless certain legal circumstances are present. |
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Term
| A HIPAA Covered Entity requires the following... |
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Definition
1. Health care providers...
2. Transmit protected health information (PHI)...
3. Electronically...
4. In connection with a HIPAA covered transaction |
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Term
True or False?
HIPAA was passed by Congress to promote standardization and efficiency in the health care industry to give patients more rights and control over their health information. |
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Definition
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Term
True or False?
Confidentiality is the foundation for safe therapy? |
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Definition
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Term
| What is an exception to the Federal Law of Confidentiality (42 CFR Part II) is? |
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Definition
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Term
| What is a consequence of violating or disregarding the Federal Law of confidentiality (42 CFR Part II)is? |
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Definition
| The counselor's CATS certification may be in trouble. |
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Term
| Under the Federal Law of Confidentiality (42 CFR Part II), patient-identifying information is information that reveals that a person is ... |
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Definition
1. Receiving substance abuse treatment
2. Has received substance abuse treatment
3. Has applied for substance abuse treatment. |
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Term
| The Federal Law of Confidentiality (42 CFR Part II) protects what? |
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Definition
| Patient identifying information. |
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Term
| If there is a conflict between the Federal law and State law of Confidentiality, substance abuse counselors must do what? |
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Definition
| Apply the strictest law of the two. |
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Term
| A patient under the Federal Law of Confidentiality (42 CFR Part II), is anyone who is receiving treatment for drug or alcohol abuse from what? |
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Definition
| A drug or alcohol program. |
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Term
Which is not an exception to the Federal Law of Confidentiality (42 CFR Part II)?
1. Consent
2. Internal program communication
3. Child abuse reporting
4. Informed consent |
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Definition
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Term
| California Discharge of Duty, the counselor must take one or more of what steps? |
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Definition
1. Call intended victim
2. Notify the police
3. Take steps that are reasonably necessary under the circumstances |
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Term
| Four things that need to happen for duty to protect? |
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Definition
1. Client and/or family member...
2. has communicated to the clinician...
3. a serious threat of violence...
4. against a reasonably identifiable victim |
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Term
| Violence Assessment includes what? |
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Definition
1. Past history of violence
2. Impulsive
3. Ability to resist violent impulses
4. Reaction to violence / desensitization
5. Motivation to maintain self-control
6. Risk factor for violence when using drugs or alcohol
7. If authorization for release of info: talk with family members
8. Look for consistency between opinions of psych, clinicians, family |
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Term
| 5150'ed Law is found in what three places? |
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Definition
1. Lanterman-Petris-Short Act
2. California Code of Regulations, Title 9 |
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Term
| What does 5150 law pertain to? |
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Definition
1. Voluntary/involuntary treatment
2. patient's rights
3. Confidentiality
4. Conservatorship |
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Term
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Definition
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Term
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Definition
1.Involuntary detention in an acute psychiatric facility for 72 hours; loss of personal freedom
2. Little legal recourse. |
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Term
Involuntary Hospitalization in CA
Welfare and Institutions Code Section 5150 defines the standard as what? |
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Definition
Individual has a "mental disorder"
* Law does not give explicit definition of mental disorder
* Courts look to the current edition of DSM |
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Term
| A person be placed on a 5150,when there is a probable cause to believe that the person is... |
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Definition
1. Danger to themselves
2. Danger to others
3. Gravely disturbed
4. Unable or unwilling to accept treatment voluntarily |
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Term
| What is "danger to oneself"? |
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Definition
Either a deliberate intention to injure oneself or,
a disregard of personal safety to the point where injury is imminent |
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Term
| Things to look for when danger to oneself. |
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Definition
1. Words or action showing intent to commit suicide or bodily harm
2. Words or actions indicating gross disregard for personal safety
3. Words or actions indicating a specific plan for suicide
4. Means available to carry out a suicide plan |
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Term
| What is grave disability? |
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Definition
| A condition in which an adult person, as a result of mental disorder in unable to provide his or her basic personal needs for food, clothing or shelter, or even with the assistance of willing and responsible others. |
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Term
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Definition
1. Check the respective county for specific 5150 procedures
2. Determine 5150 criteria
* if weapon involved need police presence
3. Consult with colleague/supervisor |
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Term
| In San Francisco, do you need special training to do a 5150? |
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Definition
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Term
| What is Welfare and Institutions Code Section 5230? |
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Definition
| If a person is a danger to himself, to others, or is gravely disabled because of chronic alcoholism or substance abuse, he may be detained for 72 hour treatment and evaluation |
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Term
| Can alcohol or substance abuse (rather than mental illness) provide the basis for involuntary hospitalization? |
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Definition
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Term
| What is the difference between a 5150 and a 5230? |
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Definition
5150 - Mental Health detainment
5230 - Alcohol or drug detainment |
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Term
| What does 5230 not provide for? |
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Definition
| Involuntary holds after the original 72 hour hold |
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Term
| What cases does privileged communication not apply to? |
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Definition
1. Child abuse
2. Elderly
3. Dependent adults |
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Term
| When was the Federal Child Abuse Prevention and Treatment Act (CAPTA) passed? |
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Definition
1974
All 50 States have passed laws mandating the reporting of child abuse and neglect.
Laws vary from state to state |
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Term
| What is a child defined as? |
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Definition
| A person under the age of 18 |
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Term
| What is transitional age from? |
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Definition
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Term
| What are the four types of abuse? |
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Definition
1. Physical
2. Sexual
3. Psychological/emotional
4. Neglect |
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Term
| What is the intent of CAPTA? |
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Definition
1. Protect child and any other child in home
2. Provide help and resources for parent or caregiver
3. Be a catalyst for change in the home environment and prevent the risk of further abuse |
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Term
| Who can make a CAPTA report? |
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Definition
Any citizen can make a report.
mandated reporters are required by law to make a report |
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Term
| What is a mandated reporter? |
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Definition
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Term
| What is the legal obligation of a mandated reporter? |
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Definition
1. Make an initial report to the agency immediately or as soon as practicably possible by telephone
2. Shall prepare and send, fax or electronically transmit a written follow-up report within 36 hours. |
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Term
| What may the mandated reporter include? |
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Definition
| Any non-priviledged documentary evidence the reporter possesses relating to the incident. |
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Term
| What is an elder defined as? |
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Definition
| Any person 65 years of age or older |
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Term
| What is a dependent adult defined as? |
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Definition
| A person between the age of 18-64 and who has physical or mental limitations that restrict his or her ability to carry out normal activities or protect his or her rights |
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Term
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Definition
| KNOWS and REASONABLY SUSPECTS |
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Term
| What is the timeframe for reporting elder or dependent adult abuse? |
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Definition
1. Make an initial report immediately or as soon as practilly possible by telephone
2. Make a follow-up report within two working days |
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Term
| What are seven types of elder or dependent abuse? |
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Definition
1. Physical
2. Abandonment
3. Abduction
4. Isolation
5. Financial
6. Neglect
7. Failure of a caregiver to provide goods or services that are necessary to avoid physical pain or mental suffering |
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Term
| Two things to remember about boundaries? |
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Definition
1. Honesty
2. Self-reflection |
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Term
| What is a dual-relationship? |
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Definition
When a practitioner is in a professional role or has someone in common.
1. Socializing
2. Work relationship
3. Counseling friends or family |
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Term
| What re the nine exceptions to Federal Law of Confidentiality? |
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Definition
Internal Communication - "need to know"
No Patient ID Info - no patient identifying information
Proper Consent -
QSOA - agreement between service organizations
Medical Emergency -
Research/Audit -
Court Order -
Crime on Program Premisis or Against Program Personnel -
Reporting Suspected Child Abuse and Neglect - |
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Term
| What is the definition of a child? |
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Definition
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Term
| What are the conditions for Tarasoff? |
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Definition
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Term
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Definition
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Term
| What is the definition of an elder? |
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Definition
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Term
| What is considered child abuse? |
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Definition
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Term
| What are multiple relationships? |
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Definition
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Term
| What is involuntary hospitalization? |
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Definition
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Term
| What is the standard for a 5150? |
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Definition
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Term
| What is the definition of confidentiality? |
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Definition
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Term
| What is the definition of privileged communication? |
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Definition
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Term
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Definition
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Term
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Definition
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Term
| What is the importance of clinical noted? |
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Definition
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Term
| What is the definition of a dependent adult? |
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Definition
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