February 17, 2010 was the effective date for updated changes to HIPAA triggered by the Health Information Technology for Economic and Clinical Health Act (HITECH). As part of HITECH, what must…

Question

Options

• AThe provider has the option to not disclose the information to the health care insurance provider
• BThe provider must disclose the information anyway to the heath care insurance provider
• CThe provider must not disclose the information to the health care insurance provider
• DThe provider must have the client sign a waiver freeing the provider from the compulsion to report

• A
  4% (2)
• B
  2% (1)
• C
  94% (46)

Explanation

Under HITECH's amendment to HIPAA, when a patient self-pays out-of-pocket for a specific service and requests confidentiality, the provider is legally required to restrict disclosure of that specific information to health insurers - this is a mandatory obligation, not a discretionary one, making C the only correct answer.

Why the distractors are wrong:

• A is wrong because "has the option" implies voluntary compliance - the law imposes a mandate, not a choice.
• B is wrong because it directly contradicts the HITECH provision; disclosing over the patient's explicit self-pay restriction would violate the rule.
• D is wrong because no waiver is required - the patient's request itself triggers the mandatory restriction; the burden falls on the provider to comply, not the patient to execute a legal document.

Memory tip: Think of it as the "pay to keep your secret" rule - if a patient pays cash and says "don't tell my insurer," the provider must honor that. The key word is must, not may or may not.

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