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

2. 2 Child Welfare Services cannot acknowledge whether someone is participating in substance abuse counseling. 1.

3. 3 Child welfare services cannot acknowledge whether someone is participating in substance abuse counseling. TRUE Provided that Child Welfare Services received information from the substance abuse treatment provider and no valid authorization exists allowing redisclosure.

4. 4 A photograph is patient identifying information. 2.

5. 5 A photograph is patient identifying information. TRUE

6. 6 A subpoena alone is sufficient to release substance abuse treatment records. 3.

7. 7 A subpoena alone is sufficient to release substance abuse treatment records. FALSE An 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.

8. 8 Counselors can testify without written authorization because the information released is verbal and not written. 4.

9. 9 Counselors can testify without written authorization because the information released is verbal and not written. FALSE 42 C.F.R. Part 2 and HIPAA covers oral as well as written information.

10. 10 A general release of medical information is not valid for AODA records. 5.

11. 11 A general release of medical information is not valid for AODA records. TRUE HIPAA and 42 C.F.R. Part 2 have specific elements that must be included to be considered a valid authorization / consent.

12. 12 Providers must use their own consent form. 6.

13. 13 Providers must use their own consent form. FALSE As long as the form includes the required elements it is valid.

14. 14 Consent forms may not include releases to multiple parties. 7.

15. 15 Consent forms may not include releases to multiple parties. FALSE

16. 16 Calling the child welfare abuse / neglect hotline is allowed. 8.

17. 17 Calling the child welfare abuse / neglect hotline is allowed. TRUE Both 42 C.F.R. Part 2 and HIPAA permit child abuse reporting mandated under state law

18. 18 A parent must sign the consent for disclosure for a minor. 9.

19. 19 A parent must sign the consent for disclosure for a minor. FALSE (For Illinois. This answer depends on state law).

20. 20 Consents must terminate in one year. 10.

21. 21 Consents must terminate in one year. FALSE (For Illinois. However, some state laws may be more stringent, such as Washington which only allows 90 day consents.)