HIPAA PRIVACY POLICY/RENAISSANCE HOME HEALTH CARE AGENCY
WHEREAS Renaissance Home Health Care Agency, its subsidiaries, affiliates, successors or assigns (together, the "Company") hired the undersigned as an employee of the Company and the undersigned has began their employment with the Company.
WHEREAS, as a condition of my employment with the Company, and in consideration of my employment with the Company, and my receipt of the compensation paid to me by Company, I agree to the following provisions of the Company's At-Will Employment and Confidential Information Agreement (this "Agreement" It is the policy of the Company to ensure that it conducts its business in compliance with all applicable laws, rules, regulations and other directives of the federal, state and local governments, departments and agencies.
1. Disclosure of Protected Health Care Information. Generally, the Company, including its workforce and agents may not use or disclose protected health information of patients, unless explicitly authorized by the patient.
2. Minimum Necessary Uses and Disclosures of Protected Health Information. When using or disclosing protected health information, or when requesting protected health information from another covered entity, the Company will make to accomplish the intended purpose of the use, disclosure, or request, unless an exception applies.
Regulations: 45CFR $164.502 (b) and $164.514 ( (d)
1. The Company employees shall request only the minimum amount of patient's protected health information necessary to fulfill their respective job functions and duties.
2. The Company employees shall disclose to an authorized person and/or entity or to whom the disclosure is permitted under the law, the minimum amount of protected health information necessary to fulfill the purpose of the request.
3. The Company employees shall use the minimum amount of protected health information necessary to fulfill the purpose to the use.
4. The Company staff shall not request, use or disclose a patient's entire medical record unless such disclosure is specifically justified as the amount that is reasonably necessary to fulfill the purpose of the use.
5. The following departments at the Company require the use of the protected health information to carry out their job duties:
◉ Medical Records
◉ Nursing/Clinical/Medical/Therapy
◉ Social Services
◉ Accounting/Billing
◉ Quality Assurance
◉Administration/Operations
6. For those requests or uses that are recurring, the following departments or areas of Company operation are entitled to have access to the following information:
Company workforce involved with treatment of patients are entitled to have access to patients' entire records in order to properly carry out treatment and discharge their duties. Accounting/Billing Departments may have access to limited protected health information of patients which is necessary to fulfill their respective duties. For instance, the billing department may have limited access to the medical records of patients to ascertain, among other things, diagnosis, treatment and services provided in order to prepare, submit, and process bills on behalf of the Company.
Company workforce such as, housekeeping, janitorial, security that are not involved with direct care or treatment of patients are not entitled to have access to the medical records of patients unless they need access to information that directly affects the performance of their duties. (for instance, if patient is in protective isolation, staff may need to have access to this information in order to follow certain procedures
Medical Records Department may have access to patients' entire record as necessary to fulfill its tasks.
HHA's involved in providing and/or assisting other health care professionals to provide direct care to patients are entitled to have access to the medical records or the patients for which they are providing direct care, or to their assigned unit.
Reception/froi desk is entitled to have limited access to patients' records such as, face sheet of the chart.
7. For those disclosure requests that are routine and occur on a recurring basis, the Company policy is to disclose the minimum amount of protected health information to achieve the purpose of the disclosure. Providers of treatment are permitted access to the patient's medical chart or that portion of the chart that enables the treatment provider to provide appropriate care to the patient. Third party payors requesting information for claims processing and filling will be afforded limited access to the patient's chart to fulfill the purpose of the request. The inquiry that should be made is what the purpose for the request is, how will the information be used and to whom will it be disclosed.
3. With respect to requests for disclosure. The Company appoints the Corporate Compliance Officer to make a case by case determination on whether or not, and to what extent to disclose protected health information of a patient. For all disclosures, uses or requests for protected health information, the Company should not access an entire medical record except when the entire medical record is specifically justified as the amount that is reasonably necessary to accomplish the purpose of the use, disclosure or request. The Company will permit patients to request, in writing, to receive communications of protected health information. A signed authorization must be obtained from a patient or a patient's legal representative prior to using or disclosing the patient's protected health information.
4.Company Information. I agree that during and after my employment with the Company, I will hold in the strictest confidence, and will not use (except for the benefit of the Company during my employment) or disclose to any person, firm, or corporation (without written authorization of the President, or the CEO of the Company) any Company Confidential Information. I understand that I have a duty and obligation of confidentiality owed to the Company. I further understand that my unauthorized use or disclosure of Company Confidential Information during my employment may lead to disclosure of Company Information during my employment my lead to disciplinary action, up to and including immediate termination and legal action by the Company. I understand that "Company Confidential Information" means any non-public information that relates to the actual or anticipated business of the Company, or to the Company's technical data, trade secrets, or know- how, including, but not limited to, patients lists, patient files, referral relationships, all pricing or business strategies, compensation or financial information, contract forms, policies and other books and records or files relating to the Company's business, or other information regarding the Company's services and markets therefore, customer lists and customers (including, but not limited to, customers of the Company on which I called or which I called or with whom I may become acquainted during the term of my employment), software developments, processes, formulas, technology, hardware configuration information, marketing, finances and other business information; provided, however, Company Confidential Information does not include any of the foregoing items to the extent the same have become publicly known and made generally available through no wrongful act of mine or of others. I hereby acknowledge that the Company Confidential Information other than in pursuit of Company's business and that, upon termination of the employment for any reason, I shall deliver to Company, without further demand, all copies thereof, in any medium whatsoever, which are then in my hand.
5. Third Party Information. I recognize that the Company may have received and in the future may receive from third parties associated or doing business with the Company, e.g. the Company's customers, patients, supplies, vendors, schools or training schools, partners, or collaborators ("Associated Third Parties"), their confidential or proprietary information ("Associated Third Parties Confidential Information" By way example, Associated Third Parties Confidential Information may include the habits or practices of Associated Third Parties, the technology of Associated Third Parties, requirements of Associated Third Parties. I agree at all times during my employment with the Company and thereafter to hold in the strictest confidence, and not to use or to disclose to any person, firm, or corporation, any Associated Third Party Confidential Information, except as necessary in carrying out my work for the Company consistent with the Company's agreement with such Associated Third Parties. I further agree to comply with any and all Company policies and guidelines that may be adopted from time to time regarding Associated Third Parties and Associated Third Party Confidential Information. I understand that my unauthorized use or disclosure of Associated Third Party Confidential Information or violation of any Company policies during my employment may lead to disciplinary action, up to and including immediate termination and legal action by the Company.
6. Obligations. I agree that during the term of my employment with the Company, I will not engage in, nor undertake, any other employment occupation, consulting relationship, or commitment that is directly related to the business in which the Company is now involved or becomes involved or has plans to become involved, nor will engage in any other activities that conflict with my obligations to the company without the written authorization of the President or CEO of the Company.
7. Returning Company Documents. Upon separation from employment with the Company or on demand by the Company during employment, I will immediately deliver to the Company, and will not keep in my possession, recreate, or deliver to anyone else, any and all Company property, including, but not limited to, Company Confidential Information Associated Third Party Confidential Information as well as all devices and equipment belonging to the Company (including computers, handheld electronic devices, telephone equipment, and other electronic devices), records, data, notes, notebooks, reports, files, proposals, lists, correspondence, specifications, materials, photographs, charts, any other documents and property, and reproductions of any and all the aforementioned items that were developed by me pursuant to my employment with the Company, obtained by me in connection with my employment with the Company, or otherwise belonging to the Company, its successors, or assigns. I also consent to an exit interview to confirm my compliance with this Section.
