{"ref":"FL-HH-PRV-01","title":"Patient Confidentiality and HIPAA Privacy","category":"Privacy","summary":"Keeps patient information confidential as s. 400.494, F.S., and Rule 59A-8.022(2), F.A.C., require; allows disclosure only as the HIPAA Privacy Rule permits and, beyond treatment, payment, operations, and disclosures the law requires, with the patient's written consent or authorization; names the privacy official; sets how the notice of privacy practices is given and acknowledged; and sets the time frames for the patient's rights to see, copy, amend, restrict, and receive an accounting of disclosures. Adds the OASIS confidentiality rule for a Medicare-certified agency.","inShort":["Patient information is private. Look at or share only what you need to do your job.","Give every new patient the Notice of Privacy Practices and ask them to sign the acknowledgment.","Do not discuss patients in public places, on social media, or with your family and friends.","Before you share information with a family member, check what the patient has agreed to.","Send requests for records, and any privacy complaint, to the privacy official, Lee Sample."],"primaryCitation":"s. 400.494, F.S.","citations":["s. 400.494, F.S.","s. 400.494(1), F.S.","s. 400.494(2), F.S.","Rule 59A-8.022(2), F.A.C.","s. 408.051(4), F.S.","s. 408.051(7), F.S.","s. 415.1045(4), F.S.","Rule 59A-8.0095(2)(e), F.A.C."],"federalCitations":["45 CFR Part 164, Subpart E","45 CFR §164.502","45 CFR §164.506","45 CFR §164.508","45 CFR §164.510","45 CFR §164.512","45 CFR §164.520","45 CFR §164.522","45 CFR §164.524","45 CFR §164.526","45 CFR §164.528","45 CFR §164.530","42 CFR §484.40","42 CFR §484.50(c)(6)"],"surveyorAsks":["Who is your privacy official? Show me your notice of privacy practices and this patient's signed acknowledgment.","A patient's daughter calls asking how her mother is doing. What does your staff do?"],"forms":[{"ref":"FL-HH-PRV-01-A","title":"Acknowledgment of Receipt of Notice of Privacy Practices"},{"ref":"FL-HH-PRV-01-B","title":"Authorization to Use or Disclose Health Information"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (s. 400.494, F.S.)","5. Notice of Privacy Practices","6. Everyday Rules for Staff","7. Talking With Family, Friends, and Caregivers","8. Disclosures Without the Patient's Authorization","9. Authorizations","10. Patient Privacy Rights and Time Frames","11. Privacy Complaints, Sanctions, and Mitigation","12. Business Associates","13. Responsibilities","14. Records and Compliance Monitoring","15. Staff Training","16. References","17. Related Policies and Forms","18. Approval","19. Revision History"],"version":"1.0","sample":false,"pack":"fl-hha","state":"Florida","service":"Home health","guides":[{"path":"/guides/home-health-agency-policies/","h1":"What policies and procedures are required for home health agencies?"},{"path":"/guides/home-health-conditions-of-participation/","h1":"Home health Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}