Law and Ethics Practice Exam

The right to inspect and receive a copy of PHI is held by whom?

1. The counselor

2. The patient's family

3. The patient

4. Insurance companies

The correct answer is: The patient

The right to inspect and receive a copy of Protected Health Information (PHI) is primarily held by the patient. This is established under the Health Insurance Portability and Accountability Act (HIPAA), which grants patients specific rights over their health information. Patients have the ability to access their medical records, request corrections, and obtain copies of their PHI, which empowers them to be informed about their health and take an active role in their healthcare decisions. While other parties, such as family members or insurance companies, may have access to a patient’s PHI under certain conditions, those rights are typically contingent upon the patient's consent or legal arrangements. The counselor as a healthcare provider also has access to PHI to perform their professional duties, but they do not hold the right to the information in the same capacity as the patient. This differentiation is essential to respecting the autonomy and privacy of the patient regarding their health information.