{"ref":"MI-HH-PRV-01","title":"HIPAA Privacy and Michigan Confidentiality Laws","category":"Privacy","summary":"Sets out how the Agency, as a HIPAA covered entity, protects the privacy of every patient’s health information: the Privacy Official and complaint contact (45 CFR §164.530(a)), minimum necessary and role-based access, the uses and disclosures the Agency makes with and without a patient’s authorization, the stricter Michigan and federal rules for HIV, mental health and substance use disorder information, the Notice of Privacy Practices and its acknowledgment (Form MI-HH-PRV-01-A), patients’ privacy rights, safeguards in the home and in the field, privacy complaints, sanctions, mitigation and non-retaliation.","inShort":["Share patient information only for care, billing or Agency work, and only as much as the task needs.","Before talking with family or friends, check who the patient has said may be told. Never discuss a patient with neighbors or unknown callers.","Give the Notice of Privacy Practices at the first visit and get the patient’s signature on the acknowledgment, or write down why not.","HIV, mental health and substance use information has extra protection. Ask the Privacy Official before sharing it.","Abuse reports required by law are never delayed for privacy reasons.","Report any privacy mistake or complaint to Lee Sample the same day. No one is punished for complaining."],"primaryCitation":"45 CFR Part 164, Subpart E","citations":["Michigan Medicaid Provider Manual, General Information for Providers, Sections 14.4, 14.5 and 14.5.A","MCL 333.5131","MCL 330.1748","MCL 400.11a(2)"],"federalCitations":["45 CFR Part 160","45 CFR Part 164, Subpart E (§§164.500 to 164.534)","45 CFR §164.530","45 CFR §164.520","42 CFR §484.50(c)(6)","42 CFR §484.110(d)","42 CFR Part 2"],"surveyorAsks":["Who is your privacy official, and where is that designation documented?","Show me your Notice of Privacy Practices and the signed acknowledgment for this patient. Where is the notice posted?"],"forms":[{"ref":"MI-HH-PRV-01-A","title":"Notice of Privacy Practices Acknowledgment"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (45 CFR Part 164, Subpart E)","5. Privacy Official and Contact Person","6. Minimum Necessary and Role-Based Access","7. Uses and Disclosures","7.1 Family, Friends and Others Involved in Care","7.2 Authorizations","7.3 Business Associates","8. Michigan and Federal Rules That Give More Protection","9. Notice of Privacy Practices","9.1 Federal Changes to Watch","10. Patients’ Privacy Rights","11. Everyday Safeguards in the Home, in the Car and in the Office","12. Privacy Complaints","13. Sanctions","14. Mitigation","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":"mi-hha","state":"Michigan","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}}