{"ref":"PA-HSP-PRV-01","title":"HIPAA Privacy and Pennsylvania Confidentiality Laws","category":"Privacy","summary":"Sets out how the Agency protects patient and family information under the HIPAA Privacy Rule and the stricter Pennsylvania laws on HIV-related information, mental health treatment records and drug and alcohol records: who may see or receive information, the patient's privacy rights and the time limits for answering requests, and what staff do in homes, facilities and on the telephone.","inShort":["Share patient information only with the care team, the people on the patient's approved list, and others the law allows.","Before giving information on the phone, check that the caller is on the approved list or is a known provider.","Send anyone else who asks, including police, lawyers and reporters, to the office. Do not answer them yourself.","HIV-related information, mental health records and drug and alcohol records have extra protection in Pennsylvania. Never release them without asking the privacy official, Lee Sample.","Never post about a patient on social media, even without a name.","Tell the privacy official at once about any fax, message or paper that went to the wrong place."],"primaryCitation":"45 CFR Part 164 Subpart E","citations":["35 P.S. §7607","50 P.S. §7111","71 P.S. §1690.108","35 P.S. §10225.705","6 Pa. Code §15.157","23 Pa.C.S. §6313(e)"],"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","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 §418.52(c)(5)","42 CFR Part 2"],"surveyorAsks":["Who is your privacy official, and how does a patient make a privacy complaint?","Show me the Notice of Privacy Practices acknowledgment for this patient."],"forms":[{"ref":"PA-HSP-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. When Information May Be Used or Shared","6. Patient Privacy Rights","7. Pennsylvania Laws With Stricter Rules","7.1 HIV-related information","7.2 Mental health treatment records","7.3 Drug and alcohol treatment records","7.4 Abuse reports","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-hospice","state":"Pennsylvania","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}}