In the event of a missed fax transmission of a report, what can the MFT NOT be held liable for?

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The choice indicating that the MFT cannot be held liable for a HIPAA violation in the event of a missed fax transmission of a report is correct because a missed transmission does not inherently constitute a failure to protect health information under HIPAA guidelines. HIPAA violations typically arise from intentional disregard for privacy rules or negligent handling of protected health information. If the fax transmission failed due to a technical error or similar issue outside the therapist's control, it does not imply that there was a violation of HIPAA regulations regarding securing and transmitting patient information.

In contrast, a professional conduct violation, confidentiality breach, and malpractice claim could potentially arise from the circumstances surrounding the missed transmission, depending on the overall context, the actions taken by the MFT, and the implications of the missed communication in relation to patient care and privacy standards. Therefore, the liability for these issues can be assessed differently than that of a HIPAA violation stemming from an operational failure.

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