{"ref":"NC-HC-PRV-01","title":"Confidentiality and HIPAA Privacy","category":"Privacy","summary":"Sets out how the Agency keeps client and employee information confidential, as 10A NCAC 13J .1001(a)(10) and G.S. 131E-144.3(5) require, and how it meets the HIPAA Privacy Rule: the privacy official, minimum necessary use, a table of who may receive client information (including mandated reports to county social services and law enforcement and the client's written right to object to state review of the record under G.S. 131E-141(b)), the Notice of Privacy Practices, the client's rights to see, copy, amend and get an accounting of disclosures within the federal time limits, business associates, sanctions and training.","inShort":["Everything about a client is private, even the fact that the person is a client.","Talk about a client only with the client, the responsible party, approved contacts and Agency staff.","Send anyone else who asks, including police, lawyers or reporters, to the office.","No photos, recordings or social media posts about clients, ever.","A client may refuse in writing to let the state review the record. The office checks for this before showing records.","Tell the privacy official at once if information goes to the wrong person or a folder or phone is lost."],"primaryCitation":"45 CFR Part 164 Subpart E","citations":["10A NCAC 13J .1001(a)(10)","G.S. 131E-144.3(5)","G.S. 131E-141(b)","G.S. 131E-144.7","10A NCAC 13J .1401(c)","G.S. 108A-102","G.S. 108A-103(a)","G.S. 7B-301","G.S. 14-318.6","10A NCAC 13O .0102"],"federalCitations":["45 CFR Part 164 Subpart E","45 CFR §160.103","45 CFR §164.502","45 CFR §164.506","45 CFR §164.508","45 CFR §164.510(b)","45 CFR §164.512","45 CFR §164.514(d), (h)","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 the designation documented?","Show me the Notice of Privacy Practices and a client's signed acknowledgment."],"forms":[{"ref":"NC-HC-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)","5. When Client Information May Be Shared","6. The Client's Written Right to Object to State Review","7. Client Privacy Rights","8. Procedure","9. Employee Confidentiality","10. Responsibilities","11. Records and Compliance Monitoring","12. Staff Training","13. References","14. Related Policies and Forms","15. Approval","16. Revision History"],"version":"1.0","sample":false,"pack":"nc-hca","state":"North Carolina","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}}