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Confidentiality: Title 42 CFR Part 2

2.11 Definitions.

1. Which of the following is defined as an individual, partnership, corporation, Federal, State or local government agency, or any other legal entity?

A. Patient

B. Person

C. Informant

D. Program


2.12 Applicability.

2. The restrictions on disclosure and use in reports of suspected child abuse and neglect regulations do not apply to the reporting under State law of incidents of suspected child abuse and neglect to the appropriate State or local authorities.

A. True

B. False


3. Which of the following restrictions on disclosure apply?

A. Third party payers with regard to records disclosed to them by federally assisted alcohol or drug abuse programs.

B. Entities having direct administrative control over programs with regard to information communicated to them by the program.

C. Persons who receive patient records directly from a federally assisted alcohol or drug abuse program and who are noticed of the restrictions on redisclosure of the records.

D. All of the above restrictions on disclosure apply.


4. It is possible for an individual patient to benefit from Federal support and not be covered by the confidentiality regulations because the program in which the patient is enrolled is not federally assisted.

A. True

B. False


5. The restriction on use of information to bring criminal charges against a patient for a crime applies to any information obtained by the program for the purpose of all of the following except:

A. Diagnosis

B. Treatment

C. Past criminal records

D. Referral for treatment


2.13 Confidentiality restrictions.

6. The restrictions on disclosure and use in unconditional compliance regulations do not apply if the holder of the information believes that the person seeking the information already has it, has other means of obtaining it, is a law enforcement or other official, or has obtained a subpoena.

A. True

B. False


2.14 Minor patients.

7. The term “minor” means a person who has not attained the age of majority specified in the applicable State law.  If no age of majority is specified in the applicable State law, the age of _____ years is used.

A. 16

B. 18

C. 21

D. 24


8. Regulations prohibit a program from refusing to provide treatment until the minor patient consents to the disclosure necessary to obtain reimbursement.

A. True

B. False


2.16 Security for written records.

9. When not in use, written records subject to security regulations must be maintained in all of the following except:

A. At a hired security company

B. A secure room

C. A locked file cabinet

D. A safe


2.17 Undercover agents and informants.

10. If a program felt it was necessary, they could decide to enroll an undercover agent or informant as a patient.

A. True

B. False


2.18 Restrictions on the use of identification cards.

11. No person may require any patient to carry on his or her person while away from the program premises any card or other object which would identify the patient as an alcohol or drug abuser.

A. True

B. False


2.22 Notice to patients of Federal confidentiality requirements.

12. The written summary of the Federal law and regulations given to the patient must include which of the following?

A. A citation to the Federal law and regulations.

B. A statement that reports of suspected child abuse and neglect made under State law to appropriate State or local authorities are not protected.

C. A statement that information related to a patient’s commission of a crime on the premises of the program or against personnel of the program is not protected.

D. All of the above must be included.


2.31 Form of written consent.

13. A written consent to a disclosure must include all of the following except:

A. The purpose of the disclosure.

B. How much and what kind of information is to be disclosed.

C. A court order mandating the release of information.

D. The specific name or general designation of the program or person permitted to make the disclosure.


14. A disclosure may not be made on the basis of a consent which has expired.

A. True

B. False


2.34 Disclosures to prevent multiple enrollments in detoxification and maintenance treatment programs.

15. Which of the following is defined as the dispensing of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs?

A. Maintenance treatment

B. Detoxification treatment

C. Member program

D. None of the above


2.67 Orders authorizing the use of undercover agents and informants to criminally investigate employees or agents of a program.

16. An order authorizing the placement of an undercover agent or informant in a program must limit the total period of the placement to 12 months.

A. True

B. False


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