CONFIDENTIALITY (True

1
CONFIDENTIALITY(True False)

• National Center on
• Substance Abuse Child Welfare
• July 14, 2004

2
Child Welfare Services cannot acknowledge whether
someone is participating in substance abuse
counseling.
1.
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
A photograph is patient identifying information.
2.
5
A photograph is patient identifying information.

• TRUE

6
A subpoena alone is sufficient to release
substance abuse treatment records.
3.
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
Counselors can testify without written
authorization because the information released is
verbal and not written.
4.
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
A general release of medical information is not
valid for AODA records.
5.
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
Providers must use their own consent form.
6.
13
Providers must use their own consent form.

• FALSE

As long as the form includes the required
elements it is valid.
14
Consent forms may not include releases to
multiple parties.
7.
15
Consent forms may not include releases to
multiple parties.

• FALSE

16
Calling the child welfare abuse / neglect hotline
is allowed.
8.
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
A parent must sign the consent for disclosure for
a minor.
9.
19
A parent must sign the consent for disclosure for
a minor.

• FALSE

(For Illinois. This answer depends on state law).
20
Consents must terminate in one year.
10.
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.)