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CITY
OF JACKSONVILLE HIPAA PRIVACY REGULATIONS PRIVACY POLICY APRIL 14, 2003 |
Due to recent changes in the Health Insurance Portability and Accountability Act Privacy Rule, the City of Jacksonville is implementing the following privacy policy in order to be in compliance with current regulations regarding Protected Health Information (PHI) of patients using the Jacksonville Emergency Medical Services:
APPOINTMENT OF PRIVACY OFFICIAL
The City shall appoint a Privacy Official to develop, implement, and oversee privacy policies and procedures and to train the workforce. They shall also designate a Privacy Contact who will receive complaints from patients who feel their rights have been violated. (The same person may be appointed for both of these positions.)
EMPLOYEE TRAINING
Training must be given to each employee appropriate to his/her job function. This applies to current employees as well as future hires. Retraining shall be given as policies and procedures change. Written records shall be kept as to who, where, when and how training has taken place.
SAFEGUARDS
The City shall take protective
measures to safeguard all patients' PHI. From the time the request for
emergency medical service is received, this information regarding the
patient is confidential. Radio transmissions are secure from Citizens
having personal scanners; however, the personnel onboard the ambulance
or rescue vehicle and the dispatcher are to be careful not to mention
any identifying information over the radio unless it is absolutely
necessary. They should then give only the information that is
reasonably necessary to complete their duties. The Patient Care Report
is to be completed in a special area at the hospital away from public
view. All completed paperwork regarding the patient shall be placed in
a locked, slotted file drawer at the Fire Department as soon as
possible after completion. A backup key will be kept in a locked file
drawer in the Fire Chief's office at the Fire Department.
The employee responsible for performing the task of billing for
ambulance charges shall have in his/her possession a key to open the
locked drawer at the Fire Department containing the ambulance run
sheets and supporting documentation. These documents should be picked
up daily (Monday - Friday) and taken to City Hall for processing. When
not in use, they shall be kept in a locked file cabinet. When no one is
in the office, the door shall be kept locked at all times. All files
containing confidential information shall be kept in locked file
cabinets. For information that is stored electronically, a password
must be used to access the information.
PRIVACY POLICY
Patients using the Jacksonville Emergency Medical Service shall be given a notice of their rights regarding their medical information and a copy of the City's Privacy Policy that states how their medical information will be used and disclosed to others. Healthcare providers should attempt to acquire the signature on the notice as soon as is reasonably possible. It is not required that patients sign the notice. If a patient refuses to sign the notice, ambulance personnel should sign the notice, indicating a refusal to sign. If the patient is not able to sign the notice, efforts should be made as soon as possible to acquire the patient's signature. Anyone with power of attorney or parents of minor children may sign the notice. Healthcare providers should exercise professional judgment to determine whether obtaining a written notice of use or disclosure of medical information would interfere with the timely delivery of necessary and proper treatment. A signed notice does not expire and will apply to services provided to patients from the day the notice is signed. Consent forms will only be used if patient is requesting that medical information be released for purposes other than treatment, payment, or other healthcare operations (TPO). The consent form must be retained for six (6) years from the date it was last in effect.
COMPLAINTS
In the event that a complaint is received that someone's privacy has been violated regarding his/her PHI, the complaint officer shall be notified of the complaint. Written statements will be taken from all parties involved. In the event that it is determined that a patient's privacy rights have been violated, the employee(s) involved will be disciplined according to Rule IX of the Civil Service Board Rules and Regulations for the City of Jacksonville. Violators may also be subject to lawsuits under state laws that protect consumers and regulate healthcare. An accounting log will be kept to document all complaints received and any actions taken regarding these complaints. At no time shall any retaliation be taken against anyone involved in any investigation or complaint.
BUSINESS ASSOCIATES CONTRACT
The City shall have signed contracts with any entity with which they may contract for business that would require the release of patient information for purposes of TPO. Businesses should be notified of the City's Privacy Policy and any specific disclosures authorized by the patient. Any misuses of information by the Business Associate should be disclosed to the City. The City shall take steps to prevent any further violations and, if necessary, terminate the relationship with the business.
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