|
1.ME.13 |
Contents of Notice of Privacy Practices for Protected Health Information
|
Type: Policy
Category: General
Level: Community Care
Parties: Community Care employees and contractees
Printer Friendly Version: http://apps.comcareme.org/policymanual/default.aspx?code=1.ME.13&nonav=yes
Supporting References: HIPAA Privacy Rule Standard 164:520(b)
|
Parent |
Effective Date |
Approval Level |
Revision Dates |
Last Reviewed |
|
N/A |
4-13-2003
|
Board
|
|
4-13-2003 |
|
Related Document Code |
Related Document Name |
Type |
|
1.MEP.17 |
Contents of Notice of Privacy Practices for Protected Health Information |
Procedure |
Policy: Community Care must provide clients with adequate notice of the uses and disclosures of protected health information. This notice must be written in plain language and contain the following: A header that reads exactly as follows, “THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.”; a description, including at least one example, of the types of uses and disclosures that Community Care is permitted to make for each of the following purposes: treatment, payment, and health care operations; a description of each of the other purposes for which Community Care is permitted or required to use or disclose protected health information without the individual’s written authorization; If a use or disclosure identified is prohibited or materially limited by other applicable law, the description of such use or disclosure must reflect the more stringent law; a statement that other uses and disclosures will be made only with the individual’s written authorization and that the individual may revoke the authorization. The notice must contain a statement of the individual’s rights with respect to protected health information and a brief description of how the individual may exercise these rights, as follows: the right to request restrictions on certain uses and disclosures of protected health information, including a statement that Community Care is not required to agree to a requested restriction; the right to receive confidential communications of protected health information; the right to inspect and copy protected health information that pertains to them; the right to amend protected health information that pertains to them; the right to receive an accounting of disclosures of protected health information; the right to receive a paper copy of this notice even if they have agreed to receive it electronically. The notice must contain a statement that Community Care: is required by law to maintain the privacy of protected health information and to provide individuals with notice of its legal duties and privacy practices with respect to protected health information; is required to abide by the terms of the notice currently in effect; reserves the right to change the terms of its notice and to make the new notice provisions effective for all protected health information that it maintains. The statement must also describe how it will provide individuals with a revised notice. The notice must contain a statement that individuals may complain to Community Care and to the Secretary of HHS if they believe their privacy rights have been violated. The notice must contain the name and phone number of a Community Care employee who is responsible for receiving complaints on behalf of the entity and to discuss further information. The statement must contain a description for filing a complaint. ALL Descriptions identified within the notice must include sufficient detail to place the individual on notice of the uses and disclosures that are permitted or required. Finally, the notice must contain the date on which the notice is first in effect (which cannot be earlier than the date on which the notice is printed or otherwise published). Please Note: If Community Care intends to contact individuals to provide appointment reminders, information about treatment alternatives, other health related benefits and services, and/or to raise funds, then a separate statement must indicate this and the entity must provide examples of how each one of the intended uses or disclosures will occur.