Test 5 Part 9

Question 1

Access or disclosure of patient information on ________ patient usually determined by state law

Answer 1

Deceased

Question 2

Individual has the same privacy rights in death as they did in life but leaves it up to states in terms of who qualifies as deceased person’s legal representative for access, use, and disclosure purposes

Answer 2

HIPAA

Question 3

________ or ________ of the estate has first rights to access deceased’s PHI or records
- In absence of executor rely on UHCDA in identifying next-of-kin priority

Answer 3

Legal executor or administrator

Question 4

Other states require that Legal executor or administrator become the deceased’s official personal representative through appointment by a _________ or court order

Answer 4

probate court

Question 5

_________ changes to HIPAA Privacy Rule related to deceased patients provide for additional flexibility in the disclosure of PHI

Answer 5

HITECH

Question 6

Removing the PHI status from health records 50 years following the patient’s death

Answer 6

HITECH change 1

Question 7

Permitting CEs to disclose decedent records to family members and others involved in the patient’s care or payment of care unless doing so would be inconsistent with any known preference of the patient

Answer 7

HITECH change 2

Question 8

_________ on how to determine if deceased patients records should be released

Answer 8

Final Rule murky

Question 9

Up to CE to have “__________” that the person requesting the deceased patients record has a legitimate right to access it

Answer 9

reasonable assurance

Question 10

Suggest healthcare providers require requesters to show proof of relationship to the decedent or present court-authorized documentation showing authority to access the deceased individual’s PHI

Answer 10

Best practice