Question 1

A covered entity suffers a ransomware attack that affects the personal health information (PHI) of more than 500 individuals. According to Federal law under HIPAA, which of the following would the covered entity NOT have to report the breach to?

Options :

A : Department of Health and Human Services

B : The affected individuals

C : The local media

D : Medical providers

Answer: D

Question 2

Read this notice:

Our website uses cookies. Cookies allow us to identify the computer or device you’re using to access the site,

but they don’t identify you personally. For instructions on setting your Web browser to refuse cookies, click

here.

What type of legal choice does not notice provide?

Options :

A : Mandatory

B :

Implied consent

C :

Opt-in

D :

Opt-out

Answer: B

Question 3

Global Manufacturing Co’s Human Resources department recently purchased a new software tool. This tool

helps evaluate future candidates for executive roles by scanning emails to see what those candidates say and

what is said about them. This provides the HR department with an automated “360 review” that lets them

know how the candidate thinks and operates, what their peers and direct reports say about them, and how well

they interact with each other.

What is the most important step for the Human Resources Department to take when implementing this new

software?

Options :

A : Making sure that the software does not unintentionally discriminate against protected groups.

B :

Ensuring that the software contains a privacy notice explaining that employees have no right to privacy

as long as they are running this software on organization systems to scan email systems.

C :

Confirming that employees have read and signed the employee handbook where they have been advised

that they have no right to privacy as long as they are using the organization’s systems, regardless of the

protected group or laws enforced by EEOC.

D :

Providing notice to employees that their emails will be scanned by the software and creating automated

profiles.

Answer: A

Question 4

What important action should a health care provider take if the she wants to qualify for funds under the Health Information Technology for Economic and Clinical Health Act (HITECH)?

Options :

A : Make electronic health records (EHRs) part of regular care

B : Bill the majority of patients electronically for their health care

C : Send health information and appointment reminders to patients electronically

D : Keep electronic updates about the Health Insurance Portability and Accountability Act

Answer: A

Question 5

SCENARIO

Please use the following to answer the next QUESTION:

You are the chief privacy officer at HealthCo, a major hospital in a large U.S. city in state A. HealthCo is a

HIPAA-covered entity that provides healthcare services to more than 100,000 patients. A third-party cloud

computing service provider, CloudHealth, stores and manages the electronic protected health information

(ePHI) of these individuals on behalf of HealthCo. CloudHealth stores the data in state B. As part of

HealthCo’s business associate agreement (BAA) with CloudHealth, HealthCo requires CloudHealth to

implement security

measures, including industry standard encryption practices, to adequately protect the data. However, HealthCo

did not perform due diligence on CloudHealth before entering the contract, and has not conducted audits of

CloudHealth’s security measures.

A CloudHealth employee has recently become the victim of a phishing attack. When the employee

unintentionally clicked on a link from a suspicious email, the PHI of more than 10,000 HealthCo patients was

compromised. It has since been published online. The HealthCo cybersecurity team quickly identifies the

perpetrator as a known hacker who has launched similar attacks on other hospitals – ones that exposed the PHI

of public figures including celebrities and politicians.

During the course of its investigation, HealthCo discovers that CloudHealth has not encrypted the PHI in

accordance with the terms of its contract. In addition, CloudHealth has not provided privacy or security

training to its employees. Law enforcement has requested that HealthCo provide its investigative report of the

breach and a copy of the PHI of the individuals affected.

A patient affected by the breach then sues HealthCo, claiming that the company did not adequately protect the

individual’s ePHI, and that he has suffered substantial harm as a result of the exposed data. The patient’s

attorney has submitted a discovery request for the ePHI exposed in the breach.

What is the most significant reason that the U.S. Department of Health and Human Services (HHS) might

impose a penalty on HealthCo?

Options :

A :

Because HealthCo did not require CloudHealth to implement appropriate physical and administrative

measures to safeguard the ePHI

B : Because HealthCo did not conduct due diligence to verify or monitor CloudHealth’s security measures

C : Because HIPAA requires the imposition of a fine if a data breach of this magnitude has occurred

D : Because CloudHealth violated its contract with HealthCo by not encrypting the ePHI

Answer: B

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