1 CONFIDENTIALITY (True – False) National Center on Substance Abuse & Child Welfare July 14, 2004.

11

CONFIDENTIALITYCONFIDENTIALITY

(True – False)(True – False)

National Center on National Center on

Substance Abuse & Child WelfareSubstance Abuse & Child Welfare

July 14, 2004July 14, 2004

22

Child Welfare Services Child Welfare Services

cannot acknowledge cannot acknowledge

whether someone is whether someone is

participating in participating in

substance abuse substance abuse

counseling.counseling.

1.

33

Child welfare services cannot Child welfare services cannot acknowledge whether someone acknowledge whether someone

is participating in substance is participating in substance abuse counseling.abuse counseling.

TRUETRUEProvided that Child Welfare Services

received information from the substance abuse treatment provider

and no valid authorization exists allowing redisclosure.

44

A photograph is A photograph is

patient identifying patient identifying

information.information.

2.

55

A photograph is patient A photograph is patient identifying information.identifying information.

TRUETRUE

66

A subpoena alone is A subpoena alone is

sufficient to release sufficient to release

substance abuse substance abuse

treatment records.treatment records.

3.

77

A subpoena alone is sufficient A subpoena alone is sufficient to release substance abuse to release substance abuse

treatment records.treatment records.

FALSEFALSEAn appropriate court order must be issued in accordance with 42

C.F.R. 2.61-2.66 or a valid written authorization must be signed.

88

Counselors can testify Counselors can testify

without written without written

authorization because authorization because

the information the information

released is verbal and released is verbal and

not written.not written.

4.

99

Counselors can testify without Counselors can testify without written authorization because written authorization because

the information released is the information released is verbal and not written.verbal and not written.

FALSEFALSE42 C.F.R. Part 2 and HIPAA

covers oral as well as written information.

1010

A general release of A general release of

medical information is medical information is

not valid for AODA not valid for AODA

records.records.

5.

1111

A general release of medical A general release of medical information is not valid for information is not valid for

AODA records.AODA records.

TRUETRUEHIPAA and 42 C.F.R. Part 2 have specific elements that must be

included to be considered a valid authorization / consent.

1212

Providers must use Providers must use

their own consent their own consent

form.form.

6.

1313

Providers must use their own Providers must use their own consent form.consent form.

FALSEFALSEAs long as the form includes the required elements it is

valid.

1414

Consent forms may not Consent forms may not

include releases to include releases to

multiple parties.multiple parties.

7.

1515

Consent forms may not include Consent forms may not include releases to multiple parties.releases to multiple parties.

FALSEFALSE

1616

Calling the child Calling the child

welfare abuse / neglect welfare abuse / neglect

hotline hotline

is allowed.is allowed.

8.

1717

Calling the child welfare Calling the child welfare abuse / neglect hotline abuse / neglect hotline

is allowed.is allowed.

TRUETRUEBoth 42 C.F.R. Part 2 and HIPAA permit child abuse reporting mandated under

state law

1818

A parent must sign the A parent must sign the

consent for disclosure consent for disclosure

for a minor.for a minor.

9.

1919

A parent must sign the consent A parent must sign the consent for disclosure for a minor.for disclosure for a minor.

FALSEFALSE

(For Illinois. This answer depends on state law).

2020

Consents must Consents must

terminate in one year.terminate in one year.

10.

2121

Consents must terminate in one Consents must terminate in one year.year.

FALSEFALSE

(For Illinois. However, some state laws may be more stringent,

such as Washington which only allows 90 day consents.)