Question 1

Which of the following best describes an employer’s privacy-related responsibilities to an employee who has

left the workplace?

Options :

A :

An employer has a responsibility to maintain a former employee’s access to computer systems and

company data needed to support claims against the company such as discrimination.

B :

An employer has a responsibility to permanently delete or expunge all sensitive employment records to

minimize privacy risks to both the employer and former employee.

C :

An employer may consider any privacy-related responsibilities terminated, as the relationship between

employer and employee is considered primarily contractual.

D :

An employer has a responsibility to maintain the security and privacy of any sensitive employment

records retained for a legitimate business purpose.

Answer: B

Question 2

What privacy concept grants a consumer the right to view and correct errors on his or her credit report?

Options :

A : Access.

B : Notice.

C : Action.

D : Choice.

Answer: B

Question 3

If an organization certified under Privacy Shield wants to transfer personal data to a third party acting as an

agent, the organization must ensure the third party does all of the following EXCEPT?

Options :

A : Uses the transferred data for limited purposes

B : Provides the same level of privacy protection as the organization

C : Notifies the organization if it can no longer meet its requirements for proper data handling

D : Enters a contract with the organization that states the third party will process data according to the consent agreement

Answer: D

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