California Law and Ethics Practice Exam

Under HIPAA, what must a therapist inform a client when withholding access to their records?

1. The potential risks of sharing information

2. The right to a second opinion on accessing records

3. The client's right to sue for access

4. The procedures for filing a complaint

The correct answer is: The right to a second opinion on accessing records

The correct answer emphasizes that a therapist must inform a client of their right to seek a second opinion regarding access to their records when that access is withheld. Under HIPAA (Health Insurance Portability and Accountability Act), clients have certain rights concerning their medical records, including the right to access them. If there are valid reasons for withholding access, it's crucial for clients to understand that they can seek a second opinion, which helps them navigate their rights and advocates for transparency in their treatment process. This practice underscores the importance of patient rights in mental health care. By informing clients about the option of obtaining a second opinion, the therapist encourages clients to actively participate in their healthcare decisions and ensures they are aware of alternative channels to address any disputes regarding access to their records. While options that discuss risks of sharing information, the right to sue, and procedures for filing a complaint all relate to patient rights and the management of client information, they do not specifically address the immediate action a client can take when access to their records is denied. The focus on gaining a second opinion highlights an important step in the client's advocacy for their rights under HIPAA.