Ethics Final Exam Flashcards
What does PHI stand for?
Personal Health Information
Definition: any health information used to identify a client that relates to physical or mental health, relating to a past, present, or future condition, for both living and deceased individuals
What do Byrne v. Avery Center for Obstetrics and Gynecology give us?
HIPAA could be used in establishing standard of care in a breach of contract suit.
What agreement do you use for billing services, accountants, or other services that ensures they are HIPAA compliant?
Business Associate Agreement
What does CE stand for?
Covered Entity
T or F: most treatment information may be shared for purposes of treatment, payment, or health care operations
True
What are psychotherapy notes?
notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual’s medical record (HIPAA, 45 C.F.R. §164.501).
What did Tarasoff v. Regents give us?
Duty to warn.
The case involved a client who said he was going to kill a an ex girlfriend and so the therapist called the police who questioned the client and then left. The therapist should have attempted to find the girl and warn her.
“The protective priviledge ends where the public peril begins”
To prove malpractice client must prove (3):
1) The therapists actions fell below the standard of care.
2) That the client or third party was injured and
3) that the party’s “damages” were due to the lack of care
What is malpractice?
A lawsuit brought by a therapists client or a third party.
What is an NPP?
“Notice of private practices” educates clients as to their privacy rights, as well as potential uses and disclosures of their PHI.
Define Priviledge
a right owned by the client to not have their private information disclosed in court
What did Jaffee v. Redmond give us?
Gave us priviledge.
In the case, therapist was asked in court to disclose information and the therapist did not disclose it for the benefit of the client. This was good!
What happened in Ward v. Willbanks
“graduate student Julea Ward adamantly refused to work with a gay client”
What is Keeton v. Anderson-Wiley
“a graduate student attending Augusta State University expressed that she preferred not to engage in therapy with LGBT clients unless it involved conversion therapy.”
What is the most common allegation in malpractice suits?
Sexual Misconduct pg. 122
