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PCB CRS EXAM GRADED A+ 2024
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PCB CRS EXAM GRADED A+ 2024
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PCB CRS EXAM GRADED A+ 2024"Federally assisted" - ANSWER-1. Allowed tax deductions for contributions by the IRS
2. Authorized to conduct business by the federal government, including programs:
>> Certified as a Medicare provider
>> Authorized to conduct methadone maintenance treatment
>> Registered with the DEA
❈ 28 Pa Code §709.28 (State Confidentiality Regulation) - ANSWER-• Licensing Code
relating to two main issues:
- Confidentially of client identify and records
- Staff access to client records
❈ 4 Pa Code §255.5 - ANSWER-(State Regulation -Management Information,
Research, & Evaluation)
• State regulations which are more strict that the Federal Regulations are followed
• These regulations protect the client
• Restrictions and The Big 5
• Documentation for everything that is released.
❈ 42 CFR II (Federal Regulations) - ANSWER-Implement 42 U.S.C. 290dd-2 & Outline
limited circumstances where info about treatment may be disclosed w/out person's
consent.
• The federal regulation at 42 CFR Part 2 pertains to any program that involves
substance abuse education, treatment, or prevention and is regulated or assisted by the
federal government.
> Purpose: these regulations impose restrictions upon the disclosure and use of alcohol
and drug abuse patient records which are maintained in connection with the
performance of any federally assisted alcohol or drug abuse program
> Effect: these regulations prohibit the disclosure and use of patient records unless
certain circumstances exist.
> Scope of the Law: Restricts the disclosure and use of "patient identifying: information
about individuals receiving, having received, or having applied to receive substance
abuse treatment.
❈ 42 Pa Code §6352.1 (Act 126) - ANSWER-• Allows for the release of drug and
alcohol treatment and other records regarding a child who is alleged to be or
adjudicated dependent or delinquent, or the child's parents, to an extent not permitted in
other proceedings or anywhere else in Pennsylvania.
• Still obtain releases!
❈ 42 U.S.C. 290dd-2 (Federal Law) - ANSWER-Governs Confidentiality in Substance
Abuse Field
• Programs may not disclose any information identifying a patient as an alcohol or drug
abuser unless:
,- The patient consents in writing,
- The disclosure is allowed by a court order, or
- The disclosure is made to medical personnel in a medical emergency or to qualified
personnel for research, audit, or program evaluation
❈ 55 Pa Code §5100.37 - ANSWER-(State MH Regs.)
• Whenever information in a patient's records relates to drug or alcohol abuse or
dependency, those specific portions of the patient's records are subject to the
confidentiality provisions of section 8(c) of the Pennsylvania Drug and Alcohol Abuse
Control Act (Act 63) and the regulations promulgated thereunder, 4 Pa Code §255.5
❈ 71 P.S. §1690.108 (Act 63) - ANSWER-State law relating to the Confidentiality of
Records of Substance Abuse Treatment Services
• State's Enabling Legislation
• Minors in PA can receive treatment without parental consent
- Differs that MH regulations
- Minors control release of information
❈ Authorized personnel: - ANSWER-The power to determine, adjudicate, or settle
disputes, jurisdiction, the right to control, command, or determine.
- A power or right delegated or given, authorization
- A person or group w/ authority as a government agency
- Usually authorities, w/ legal power to make/enforce laws
- An accepted source of information, advice, etc.
❈ Confidentiality: - ANSWER-Ensures that information is only accessible to those w/
authorized access.
- Linked w/ ethical communication principle that's "privileged" & not shared w/ 3rd
parties.
- The responsibility for limiting disclosure of private matters.
❈ Disclosure - ANSWER-Communication of records containing "patient-identifying
information" > Disclosure Example: even if person receiving the information already has
it ("I dropped off my wife earlier today. Is she finished with treatment today?")
❈ Minimum amount of information: - ANSWER-Information needed to carry out purpose
of the disclosure
❈ Patient - ANSWER-Anyone who now or ever received - or even applied for - services
from a Part 2 alcohol/drug program.
- Example: John made appointment but didn't show up. He's a "patient."
❈ Patient-identifying information - ANSWER-Identifies someone as:
- Having past or current alcohol/drug problem.
- Being a past or current patient in alcohol/drug program.
, - Includes name, address, ssn, fingerprints, photographs or other information by which
patient's identity can be determined with reasonable accuracy/speed.
- Does not include demographic data that doesn't reveal - directly or indirectly - that
someone has/had alcohol/drug problem or is/was patient
- Does not include aggregate data
- Does not include information that someone receives/received services from mixed use
facility - e.g., general medical facility, community mental health center that provides
alcohol/drug treatment as well as other health services
❈ Patient: - ANSWER-Any person who has applied for, participated in, or received:
- An interview, counseling or any other service
- Anyone who is found a substance abuser after arrest to determine program eligibility
- Includes deceased people
❈ Program: - ANSWER-Three definitions, including:
1. Any individual or entity (not general medical care facility) who provides alcohol or
drug abuse diagnosis, treatment, or referral for treatment.
2. Unit w/ in medical facility that provides alcohol or drug abuse diagnosis, treatment, or
referral for treatment.
3. Medical staff in a general medical facility who primarily deals w/ alcohol or drug
abuse diagnosis, treatment, or referral for treatment and who are identified as such
providers.
❈ Records - ANSWER-Any information, whether in writing, orally, electronically, or
other means
❈ Third Party: - ANSWER-Person who pays for a patient's treatment that has a
contractual relationship w/ the patient or their family based on eligibility for
governmental benefits.
10 Reasons you can disclose - ANSWER-1) •Court ordered sentence conditioned upon
client entering a program
2) •Probation or parole - assigned responsibility if conditioned upon being in treatment
3) •Judge has assigned to a project under pre-sentence, conditional release program
4) •To a judge in order to determine to initiate conditional release programs
5) •Attorney
6) •To employer about participation in project
7) •Benefits (medical)
8) •Governmental benefits
9) •Emergency situations
10) Must keep written record of all information disclosed
12 Core Competency Areas (SAMHSA) - ANSWER-Category 1: Engages peers in
collaborative and caring relationships
Category 2: Provides support
Category 3: Shares lived experiences of recovery
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