California Law and Ethics Practice Exam

Under HIPAA law, when must a social worker provide a client access to their clinical records?

1. Always, without exception

2. Upon request, unless it poses a serious risk

3. After treatment ends

4. Only if legally mandated

The correct answer is: Upon request, unless it poses a serious risk

Under HIPAA (Health Insurance Portability and Accountability Act) regulations, individuals have a right to access their clinical records, but there are specific conditions surrounding that access. The correct answer indicates that a social worker must provide a client access to their records upon request, unless doing so poses a serious risk to the health or safety of the individual or others. This aligns with HIPAA guidelines, which grant clients the right to inspect and obtain copies of their protected health information (PHI). However, if providing that access could lead to harm, such as revealing sensitive information that may trigger self-harm or harm to others, the social worker has the discretion to withhold that access. This protective measure underscores the importance of both patient rights and the responsibility of professionals to ensure safety. The other options do not capture the nuance of HIPAA regulations. For example, suggesting that access is always granted without exception ignores the potential for harm. Indicating that access is only provided after treatment ends does not reflect a client’s ongoing right to access their information during treatment. Lastly, the idea that access is only provided when legally mandated overlooks the broader rights clients have under HIPAA regardless of specific legal stipulations.