CIPP-US practice question 6 of 25
SCENARIO Please use the following to answer the next QUESTION: Declan has just started a job as a nursing assistant in a radiology department at…
Full set: 195 questionsA direct violation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule would involve the impermissible use or disclosure of Protected Health Information (PHI). Declan's plan to use a patient's name ("give credit to John by name") and information related to his medical situation in a school paper constitutes a disclosure of PHI for a non-permitted purpose (i.e., not for treatment, payment, or healthcare operations) without the patient's valid authorization. This action would be a direct breach of his responsibilities as a member of the hospital's workforce.
A. Being present during check-in is part of his job function and is not, by itself, a HIPAA violation.
B. Speaking to a patient is a necessary part of providing care and is a permitted communication under HIPAA.
C. While concerning, merely overhearing and ignoring a conversation about a potential breach is not a direct violation of the Privacy Rule by Declan.
1. U.S. Department of Health & Human Services. (2013). Summary of the HIPAA Privacy Rule. HHS.gov. Section "Uses and Disclosures of Protected Health Information: Basic Principle." This document clarifies that a covered entity may not use or disclose PHI, except as permitted or required by the Rule.
2. Code of Federal Regulations. 45 C.F.R. § 164.502 - Uses and disclosures of protected health information: general rules. This regulation establishes the fundamental principle that a covered entity or business associate may not use or disclose PHI without an individual's authorization, except for specified purposes.
3. Georgetown University Law Center. HIPAA Privacy Rule. Health Information Privacy. This resource explains that disclosures for purposes other than treatment, payment, or healthcare operations generally require patient authorization.
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