1. The
decision to disclose information shall be made by the client's Case Coordinator
as allowed by Federal and State Law, The Rights of Recipients of Mental Health
Services, Community Care licensing requirements, and other applicable
standards. For disclosure of most information, a Community Care Authorization
for the Disclosure of Protected Health Information form will be used. When the
record contains information relating to HIV infection status, a separate
Community Care HIV Infection Status Disclosure form authorizing the disclosure
of this information must be used. In respect to the disclosure of psychiatric
information, the Community Care Authorization to Disclose Protected Health
Information Psychiatric Form must be completed prior to the disclosure of such
information. In the absence of the Case Coordinator, it shall be the
responsibility of the Team Clinical Supervisor, or (or designee), to ensure the
proper disclosure of information.
2.
Under
no circumstances shall information in a client's file, obtained from sources
outside Community Care (such as schools, social service agencies, and other
health care givers) be rereleased.
3. In
the event that Community Care, or Community Care employees or contractees, be
court ordered to disclose information that the client chooses not to disclose,
it shall be the responsibility of the Team Clinical Supervisor, together with
the Case Coordinator, to resolve this issue recognizing Community Care's
ethical obligation to protect the right of the client. The Team Clinical
Supervisor should involve other appropriate Community Care resources, as
necessary, to resolve the issue.
4.
The
client's right to privacy among providers shall be paramount. Information shall
be shared only for clinical/ treatment purposes, and only by those persons
involved in the client's treatment or case coordination process.
5.
The
Training Coordinator shall coordinate and provide oversight to ensure that all
trainings regarding Community Care's values, standards, policies, and
procedures on confidentiality is provided. This shall be done with all new
providers upon orientation and with all existing providers not less than once a
year.
6.
Disclosure
of information by an employee or contractee, other than in response to legal
mandates, without the client's informed and written consent shall be considered
immediate grounds for discharge. In accordance with State law, unauthorized
disclosure of HIV status information shall require immediate termination of employment.
7.
Clients
who choose not to have information disclosed to a third party funding source,
such as an insurance company, shall pay the full charge for the services they
receive. Clients shall be made aware of this expectation at the time they begin
receiving services.
- Unlike outpatient mental health
settings, Community Care clients are served within community settings by
their service providers. While the rules for confidentiality apply, the
community setting presents situations that are not covered by the general
rules for confidentiality. The following procedures will be followed as a
supplement to the general rules:
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Clients
may not be identified as Community Care clients unless the standards for such
identification, as noted in our policy regarding confidentiality, are applied.
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While
in the community, the provider will make every effort to prevent the client's
identification as a program client.
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No
document, paperwork, or word of mouth that identifies the client contrary to this
addendum is permitted.
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Any
identification that may be required must be cleared by the Case Coordinator
and/or their designee. In the absence of the Case Coordinator or designee, the
Team Clinical Supervisor or designee will be called upon for a decision.