Test 5 Part 9 Flashcards Preview

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Flashcards in Test 5 Part 9 Deck (10)
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1
Q

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

A

Deceased

2
Q

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

A

HIPAA

3
Q

________ 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

A

Legal executor or administrator

4
Q

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

A

probate court

5
Q

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

A

HITECH

6
Q

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

A

HITECH change 1

7
Q

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

A

HITECH change 2

8
Q

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

A

Final Rule murky

9
Q

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

A

reasonable assurance

10
Q

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

A

Best practice