{"ref":"MO-HC-PRV-01","title":"HIPAA Privacy and Confidentiality of Participant Information","category":"Privacy","summary":"The Agency's confidentiality and HIPAA privacy policy: the privacy official, the everyday rules workers follow in participants' homes, when participant information may be used or shared (and the stricter limits in the MMAC agreement), minimum necessary access, participants' privacy rights and the time limits for access, amendment and accounting, requests from the state agency as its business associate, privacy complaints, sanctions and training.","inShort":["Everything you learn about a participant and the household is private. Share it only with Agency staff who need it for the participant's care.","Do not talk about a participant with family, neighbors or visitors unless the participant agrees. Say, \"Please call the office.\"","Never take photos of participants, their homes or papers, and never post about them on social media.","Do not text or e-mail participant information from personal accounts. Use only the EVV app and Agency systems.","If information is lost, stolen or shared by mistake, tell the privacy official, Lee Sample, right away."],"primaryCitation":"45 CFR §164.530","citations":["19 CSR 15-7.021(18)(I)10","19 CSR 15-7.021(18)(O)2","19 CSR 15-7.021(24)(A)","19 CSR 15-7.021(24)(B)5","13 CSR 70-91.010(3)(D)","RSMo 192.2405","RSMo 192.2475","RSMo 192.2435","RSMo 192.2500","RSMo 210.115","MMAC Terms and Conditions 6","MMAC In-Home Services Program Requirements 5.19, 6.0 to 6.6","MMAC In-Home Services Assurances, item 21"],"federalCitations":["45 CFR Parts 160 and 164, Subpart E","45 CFR §164.502","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"],"surveyorAsks":["Who is your privacy official, and where is that designation documented?","Show me how a participant receives your Notice of Privacy Practices and where the acknowledgment is filed."],"forms":[{"ref":"MO-HC-PRV-01-A","title":"Notice of Privacy Practices"},{"ref":"MO-HC-PRV-01-B","title":"Authorization to Use or Disclose Health Information"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (45 CFR §164.530)","5. Privacy Official and Contact Person","6. Everyday Rules in the Participant's Home and the Office","7. When Participant Information May Be Used or Shared","8. Minimum Necessary and Access by Role","9. Participants' Privacy Rights","10. Requests from the State Agency as Business Associate","11. Personal Representatives and Family Members","12. Business Associates of the Agency","13. Privacy Complaints, Sanctions and Mitigation","14. Changes to This Policy and the Notice","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":"mo-hca","state":"Missouri","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}}