{"ref":"LA-HC-PRV-01","title":"Confidentiality and HIPAA Privacy","category":"Privacy","summary":"Sets out how every member of the Agency’s workforce keeps client information confidential, signs a confidentiality agreement, uses and shares only the minimum necessary, gives clients the Notice of Privacy Practices, and honors their HIPAA rights to access, amend, restrict and receive an accounting, under LAC 48:I.5029.B.1, the LT-PCS confidentiality rules and the HIPAA Privacy Rule.","inShort":["Everything you learn about clients and their families is confidential; share it only with Agency staff who need it.","Never take photos or videos of clients or their homes, and never post about clients on social media.","If anyone asks about a client, say you cannot discuss it and refer them to the office.","Sign the confidentiality agreement before you start, and keep this duty even after you leave.","Report lost papers, a lost phone or information sent to the wrong person to your supervisor and Lee Sample the same day."],"primaryCitation":"LAC 48:I.5029.B.1","citations":["LAC 48:I.5029.B.1","LAC 48:I.5029.C.8","LAC 48:I.5049.A.5","LAC 48:I.5049.A.6","LAC 48:I.5049.A.7","LAC 48:I.5055.H.1.j","LAC 48:I.5003","Medicaid Services Manual, Chapter 30, §30.8"],"federalCitations":["45 CFR Part 164, Subpart E","45 CFR §164.502","45 CFR §164.504(e)","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 Part 2"],"surveyorAsks":["Show me the signed confidentiality agreement for these employees.","Who is your privacy official? How does a client make a privacy complaint?"],"forms":[{"ref":"LA-HC-PRV-01-A","title":"Notice of Privacy Practices"},{"ref":"LA-HC-PRV-01-B","title":"Staff Confidentiality Agreement"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (LAC 48:I.5029.B.1)","5. The Privacy Official","6. Confidentiality Agreements","7. When Client Information May Be Used and Shared","8. Minimum Necessary","9. Everyday Rules for Direct Care Workers","10. Notice of Privacy Practices","11. Client Privacy Rights","12. Business Associates","13. Substance Use Disorder Records","14. Privacy Complaints, Mitigation and Sanctions","15. Responsibilities","16. Records and Compliance Monitoring","17. Staff Training","18. References","19. Related Policies and Forms","20. Approval","21. Revision History"],"version":"1.0","sample":false,"pack":"la-hca","state":"Louisiana","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}