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As director of mental health services that cater to children, there is much accountability imputed upon my position, especially when protecting the privacy of my clients who are minors. This mental health service is one of the covered entities that will be using or disclosing private health information ( PHI) according to Sec 1172.a. 3 (aspe.hhs.gov ). Among the responsibilities of this agency according to HIPAA Privacy rules are (CFR § 164.504, qtd. from cdc.gov, 2003): inform individuals about their privacy rights and how their PHI is used or disclosed; adopt and implement internal privacy policies and procedures; It is then buserviceriate to come up with policies that must be strictly followed by the staff of the organization, especially the social workers.
Social workers must adhere to their Code of Ethics as well as national and state policies that protect the confidentiality of patient records –electronic or printed. However, guidelines must be established to prevent any abuse that could result in a violation of the privacy of patient records. This is the sample guideline for e-mail transmission of health information: 1. The agency allows the e-mailing of health information as well as furnishing copies of printed information for treatment, billing, or health care operations that must adhere to the policies set by the health services. 2. The health service agency must request the permission of the patient ( or representative in a patient is a minor ) th patientigned the agreement before transmitting any e-mail.
The form can be sent to the patient by fax. A signed copy must be returned to the health services through fax or mail copies fact, HIPAA states that a patient has “the right to receive a notice on how their health information has been used or shared” ( hhs.gov). It is, therefore, important for this health service to contact the patient, by all means, to secure authorization before sharing any information. Transmission of information without any signed authorization or agreement with a patient can make this entity legally liable.
Furthermore, it must be added that a parent or a legal guardian can represent the minor unless the minor is emancipated. The representative can decide on the child,d’s behalf how PHI would be used or disclosed by the agency. In addition to the guidelines and policies that would be created, it is also crucial to orient all the employees about the said plan. Employees must be properly briefed on how to manage all PHI and understand the accountability that they have in case the information is disseminated improperly.
As a director, I must monitor any incident that happens especially if a breach has occurred. However, as much as possible, any incident must be avoided by constantly reminding the employees about their responsibility.
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