{"ref":"MO-HSP-PRV-01","title":"HIPAA Privacy and Missouri Confidentiality Requirements","category":"Privacy","summary":"Explains how the Agency protects patients' health information under the HIPAA Privacy Rule and Missouri law: the patient's Missouri right to confidentiality of the clinical record and to be told the disclosure policy, the privacy official, when staff may and may not share information (including with family members, nursing facilities, the Department and the abuse hotline), Missouri's stricter rule for HIV information, patients' privacy rights and time frames, everyday privacy in homes and facilities, business associates, complaints and sanctions.","inShort":["Share patient information only with people who need it for care, payment or Agency work, or whom the patient has agreed to.","Check who a caller is before giving any information. If unsure, call back after checking the record.","HIV information is strictly confidential in Missouri. Share it only with staff giving direct care or with written permission.","Never text, email or post patient information from personal accounts, and never photograph patients on your own phone.","Reporting abuse to the hotline is never a privacy violation.","Tell the privacy official, Lee Sample, the same day about any privacy worry."],"primaryCitation":"45 CFR Part 164, Subpart E","citations":["19 CSR 30-35.010(1)(F)3.H","19 CSR 30-35.010(2)(K)6","19 CSR 30-35.010(2)(M)1.A(II)","19 CSR 30-35.010(2)(M)3","19 CSR 30-35.010(2)(J)4.C","RSMo §191.656","RSMo §191.227.7","RSMo §197.260.2","RSMo §192.2405"],"federalCitations":["45 CFR §§164.500-164.534","45 CFR §164.502","45 CFR §164.506","45 CFR §164.508","45 CFR §164.510","45 CFR §164.512","45 CFR §164.514","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","42 CFR §418.104(c)"],"surveyorAsks":["Who is your privacy official, and how does a patient find out your policy for disclosing clinical records?","Show me the notice of privacy practices and how you document that the patient received it."],"forms":[{"ref":"MO-HSP-PRV-01-A","title":"Notice of Privacy Practices"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (45 CFR Part 164, Subpart E; 19 CSR 30-35.010(1)(F)3.H)","5. Privacy Official","6. When Information May Be Shared","7. Missouri Rules That Give Extra Protection","8. Patients' Privacy Rights","9. Everyday Privacy in Homes, Facilities and the Office","10. Business Associates","11. Complaints, Mitigation and Sanctions","12. Responsibilities","13. Records and Compliance Monitoring","14. Staff Training","15. References","16. Related Policies and Forms","17. Approval","18. Revision History"],"version":"1.0","sample":false,"pack":"mo-hospice","state":"Missouri","service":"Hospice","guides":[{"path":"/guides/hospice-policies/","h1":"What policies are required for hospice?"},{"path":"/guides/hospice-conditions-of-participation/","h1":"Hospice Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}