HIPAA Privacy and Florida Confidentiality Laws
Explains how the Agency protects patient information under the HIPAA Privacy Rule and the stricter Florida rules: the hospice record release limits in s. 400.611, F.S., the HIV test result rules in s. 381.004, F.S., and 42 CFR Part 2 for substance use disorder records received from treatment programs. It covers the Notice of Privacy Practices, the patient’s HIPAA rights, minimum necessary, family involvement, business associates, privacy complaints and sanctions.
About this policy
- Policy number
- FL-HSP-PRV-01
- Version
- 1.0
- Main rule
- 45 CFR Part 164 Subpart E
- Library
- Florida hospice · 60 policies
- Category
- Privacy
- Sections
- 21
In short
- Use patient information only to care for the patient, to bill, or to run the hospice. Look only at records you need for your job.
- Talk about care with the family members the patient has named. Copies of the record go only through Lee Sample.
- Never share a patient’s HIV status unless the patient gave specific written permission.
- No patient photos or posts on social media, and no patient details in ordinary text messages.
- Give every new patient the Notice of Privacy Practices and get the acknowledgment signed.
- Report any privacy mistake to Lee Sample the same day.
What's inside
21 sections. The full text comes with the One-time Policy Pack.
- Terms of Reference
- 1. Purpose
- 2. Scope
- 3. Definitions
- 4. Policy Statement (45 CFR Part 164 Subpart E; s. 400.611(3)-(4), F.S.)
- 5. When Information May Be Used or Shared
- 6. Family, Caregivers and Others Involved in Care
- 6.1 HIV test results
- 6.2 Substance use disorder records from treatment programs
- 7. Notice of Privacy Practices
- 8. Patient Privacy Rights
- 9. Everyday Privacy Rules for Staff
- 10. Business Associates
- 11. Privacy Complaints, Sanctions and Mitigation
- 12. Responsibilities
- 13. Records and Compliance Monitoring
- 14. Staff Training
- 15. References
- 16. Related Policies and Forms
- 17. Approval
- 18. Revision History
An inspector may ask
- Who is your privacy official, and how do patients reach that person?
- Show me how you give the Notice of Privacy Practices and record the patient’s acknowledgment.
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