Free Access to IAPP.CIPP-US.v2024-06-24.q124 with Valid Practice Test (Page 13)

Question 56

Federal laws establish which of the following requirements for collecting personal information of minors under the age of 13?

A.Implied consent from a minor's parent or guardian, or affirmative consent from the minor.
B.Affirmative consent from a minor's parent or guardian before collecting the minor's personal information online.
C.Implied consent from a minor's parent or guardian before collecting a minor's personal information online, such as when they permit the minor to use the internet.
D.Affirmative consent of a parent or guardian before collecting personal information of a minor offline (e.g., in person), which also satisfies any requirements for online consent.

Question 57

SCENARIO
Please use the following to answer the next QUESTION:
Declan has just started a job as a nursing assistant in a radiology department at Woodland Hospital. He has also started a program to become a registered nurse.
Before taking this career path, Declan was vaguely familiar with the Health Insurance Portability and Accountability Act (HIPAA). He now knows that he must help ensure the security of his patients' Protected Health Information (PHI). Therefore, he is thinking carefully about privacy issues.
On the morning of his first day, Declan noticed that the newly hired receptionist handed each patient a HIPAA privacy notice. He wondered if it was necessary to give these privacy notices to returning patients, and if the radiology department could reduce paper waste through a system of one-time distribution.
He was also curious about the hospital's use of a billing company. He Questioned whether the hospital was doing all it could to protect the privacy of its patients if the billing company had details about patients' care.
On his first day Declan became familiar with all areas of the hospital's large radiology department. As he was organizing equipment left in the halfway, he overheard a conversation between two hospital administrators. He was surprised to hear that a portable hard drive containing non-encrypted patient information was missing. The administrators expressed relief that the hospital would be able to avoid liability. Declan was surprised, and wondered whether the hospital had plans to properly report what had happened.
Despite Declan's concern about this issue, he was amazed by the hospital's effort to integrate Electronic Health Records (EHRs) into the everyday care of patients. He thought about the potential for streamlining care even more if they were accessible to all medical facilities nationwide.
Declan had many positive interactions with patients. At the end of his first day, he spoke to one patient, John, whose father had just been diagnosed with a degenerative muscular disease. John was about to get blood work done, and he feared that the blood work could reveal a genetic predisposition to the disease that could affect his ability to obtain insurance coverage. Declan told John that he did not think that was possible, but the patient was wheeled away before he could explain why. John plans to ask a colleague about this.
In one month, Declan has a paper due for one his classes on a health topic of his choice. By then, he will have had many interactions with patients he can use as examples. He will be pleased to give credit to John by name for inspiring him to think more carefully about genetic testing.
Although Declan's day ended with many Questions, he was pleased about his new position.
Based on the scenario, what is the most likely way Declan's supervisor would answer his question about the hospital's use of a billing company?

A.By pointing out that contracts are in place to help ensure the observance of minimum security standards
B.By assuring Declan that third parties are prevented from seeing Private Health Information (PHI)
C.By suggesting that Declan look at the hospital's publicly posted privacy policy
D.By describing how the billing system is integrated into the hospital's electronic health records (EHR) system

Question 58

SCENARIO
Please use the following to answer the next QUESTION:
You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in state A. HealthCo is a HIPAA-covered entity that provides healthcare services to more than 100,000 patients. A third-party cloud computing service provider, CloudHealth, stores and manages the electronic protected health information (ePHI) of these individuals on behalf of HealthCo. CloudHealth stores the data in state B. As part of HealthCo's business associate agreement (BAA) with CloudHealth, HealthCo requires CloudHealth to implement security measures, including industry standard encryption practices, to adequately protect the data.
However, HealthCo did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of CloudHealth's security measures.
A CloudHealth employee has recently become the victim of a phishing attack. When the employee unintentionally clicked on a link from a suspicious email, the PHI of more than 10,000 HealthCo patients was compromised. It has since been published online. The HealthCo cybersecurity team quickly identifies the perpetrator as a known hacker who has launched similar attacks on other hospitals - ones that exposed the PHI of public figures including celebrities and politicians.
During the course of its investigation, HealthCo discovers that CloudHealth has not encrypted the PHI in accordance with the terms of its contract. In addition, CloudHealth has not provided privacy or security training to its employees. Law enforcement has requested that HealthCo provide its investigative report of the breach and a copy of the PHI of the individuals affected.
A patient affected by the breach then sues HealthCo, claiming that the company did not adequately protect the individual's ePHI, and that he has suffered substantial harm as a result of the exposed data. The patient's attorney has submitted a discovery request for the ePHI exposed in the breach.
Which of the following would be HealthCo's best response to the attorney's discovery request?

A.Reject the request because the HIPAA privacy rule only permits disclosure for payment, treatment or healthcare operations
B.Respond with a request for satisfactory assurances such as a qualified protective order
C.Turn over all of the compromised patient records to the plaintiff's attorney
D.Respond with a redacted document only relative to the plaintiff

Correct Answer: B

The HIPAA privacy rule establishes national standards to protect individuals' medical records and other individually identifiable health information (collectively defined as "protected health information") and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically (collectively defined as "covered entities")1 The rule requires appropriate safeguards to protect the privacy of protected health information and sets limits and conditions on the uses and disclosures that may be made of such information without an individual's authorization1 The rule also gives individuals rights over their protected health information, including rights to examine and obtain a copy of their health records, to direct a covered entity to transmit to a third party an electronic copy of their protected health information in an electronic health record, and to request corrections1 The HIPAA privacy rule permits a covered entity to disclose protected health information for the litigation in response to a court order, subpoena, discovery request, or other lawful process, provided the applicable requirements of 45 CFR 164.512 (e) for disclosures for judicial and administrative proceedings are met2 These requirements include:
* In response to a court order or administrative tribunal order, the covered entity may disclose only the protected health information expressly authorized by such order2
* In response to a subpoena, discovery request, or other lawful process that is not accompanied by a court order or administrative tribunal order, the covered entity must receive satisfactory assurances that the party seeking the information has made reasonable efforts to ensure that the individual who is the subject of the information has been given notice of the request, or that the party seeking the information has made reasonable efforts to secure a qualified protective order2
* A qualified protective order is an order of a court or administrative tribunal or a stipulation by the parties to the litigation or administrative proceeding that prohibits the parties from using or disclosing the protected health information for any purpose other than the litigation or proceeding for which such information was requested andrequires the return to the covered entity or destruction of the protected health information (including all copies made) at the end of the litigation or proceeding2 Option A is incorrect because the HIPAA privacy rule does not only permit disclosure for payment, treatment or healthcare operations. The rule also allows disclosure for other purposes, such as public health, research, law enforcement, judicial and administrative proceedings, as long as the applicable conditions and limitations are met1 Option B is correct because it is consistent with the HIPAA privacy rule's requirement for disclosures for judicial and administrative proceedings. By responding with a request for satisfactory assurances such as a qualified protective order, HealthCo is ensuring that the protected health information will be used only for the litigation and will be returned or destroyed afterwards2 Option C is incorrect because it is not consistent with the HIPAA privacy rule's requirement for disclosures for judicial and administrative proceedings. By turning over all of the compromised patient records to the plaintiff's attorney, HealthCo is disclosing more information than necessary and may violate the privacy rights of other individuals who are not parties to the lawsuit2 Option D is incorrect because it is not consistent with the HIPAA privacy rule's requirement for disclosures for judicial and administrative proceedings. By responding with a redacted document only relative to the plaintiff, HealthCo is not providing satisfactory assurances that the protected health information will be used only for the litigation and will be returned or destroyed afterwards2 References: 1: Summary of the HIPAA Privacy Rule | HHS.gov 2: May a covered entity use or disclose protected health information for litigation? | HHS.gov

Question 59

What is an exception to the Electronic Communications Privacy Act of 1986 ban on interception of wire, oral and electronic communications?

A.Where one of the parties has given consent
B.Where state law permits such interception
C.If an organization intercepts an employee's purely personal call
D.Only if all parties have given consent

Question 60

What consumer protection did the Fair and Accurate Credit Transactions Act (FACTA) require?

A.The truncation of account numbers on credit card receipts
B.The right to request removal from e-mail lists
C.The ability for the consumer to correct inaccurate credit report information
D.Consumer notice when third-party data is used to make an adverse decision

Question 56

Question 57

Question 58

Question 59

Question 60

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