{"ref":"PA-HH-PRV-01","title":"HIPAA Privacy and Pennsylvania Confidentiality Laws","category":"Privacy","summary":"Names the Agency’s HIPAA Privacy Official, sets out when patient information may be used and shared, protects OASIS data, gives patients their HIPAA rights within the federal time frames, and applies the Pennsylvania rule that the clinical record is privileged and confidential and released outside the Agency only with the patient’s written consent unless law or a third-party contract provides otherwise (28 Pa. Code §601.36(c)).","inShort":["Share patient information only with people who need it for care, payment or the Agency’s work, and only as much as they need.","Do not discuss patients in public, and never post about a patient on social media, even without a name.","Send anyone who asks for records (police, lawyers, insurers, reporters) to the office. Do not hand over records yourself.","Give every new patient the Notice of Privacy Practices and get the signed acknowledgment.","Report a lost folder, lost phone or misdirected fax to the Privacy Official, Lee Sample, right away."],"primaryCitation":"45 CFR Part 164 Subpart E","citations":["28 Pa. Code §601.1(c)","28 Pa. Code §601.36(c)","6 Pa. Code §15.157","35 P.S. §10225.705"],"federalCitations":["45 CFR §160.103","45 CFR §164.502","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 §484.40","42 CFR §484.50(a)(1)(iii)","42 CFR §484.110(e)"],"surveyorAsks":["Who is your privacy official? Show me the Notice of Privacy Practices you gave this patient and the acknowledgment.","How do your nurses protect patient information in the car and in the patient’s home?"],"forms":[{"ref":"PA-HH-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. OASIS Confidentiality","6. When Patient Information May Be Shared","7. Patient Privacy Rights","8. Procedure","9. Responsibilities","10. Records and Compliance Monitoring","11. Staff Training","12. References","13. Related Policies and Forms","14. Approval","15. Revision History"],"version":"1.0","sample":false,"pack":"pa-hha","state":"Pennsylvania","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}}