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PERKINS DRUGS & Gift Shoppe
POLICIES AND PROCEDURES FOR COMPLIANCE
WITH HIPAA PRIVACY STANDARDS
Preamble: The following policies and procedures have been
duly adopted by Perkins Drugs & Gift Shoppe for purposes of complying with the
Health Insurance Portability and Accountability Act of 1996 (HIPAA). These policies and procedures are mandatory
with respect to all operations and employees of Perkins Drugs & Gift
Shoppe.
Respect
for Patient's Privacy
All employees of Perkins
Drugs & Gift Shoppe shall respect the privacy of a patient’s personally
identifiable health information/protected health information (PHI) and shall
not use and disclose PHI except as described in the Notice of Privacy Practices
of Perkins Drugs & Gift Shoppe or otherwise permitted by HIPAA. If an employee has any question concerning
the use and disclosure of PHI, the employee shall consult with Pharmacy Privacy
Officer. Any violation by an employee of a patient’s privacy
shall be grounds for disciplinary action, including termination of employment.
Notice
of Privacy Practices
Effective April 14, 2003, all patients shall be given the written Notice of
Privacy Practices of Perkins Drugs & Gift Shoppe. An actual, physical handing of the written
Notice of Privacy Practices (NOPP) shall be attempted, rather that asking the
patient if he or she wants a written NOPP.
This policy is adopted on the good faith belief that the majority of
patients will have received the written NOPP during the six-month period referred
to immediately above.
If a patient states that a
NOPP was received on a previous visit to the pharmacy, the employee shall ask
the patient if, at the time of receipt of the written NOPP, the patient signed
the appropriate document available at Perkins Drugs acknowledging that the
patient received the NOPP.
The written Notice of
Privacy Practices of Perkins Drugs & Gift Shoppe shall be posted in a
conspicuous place, where it can be easily viewed by patients and others.
The written Notice of
Privacy Practices shall be placed on the website of Perkins Drugs & Gift
Shoppe.
The written NOPP shall
remain current and shall be revised as necessary, with any revised written NOPP
being posted in a conspicuous place where it can be easily viewed by patients
and others, and made available in printed form for any person requesting a
printed version of the written NOPP.
Any person who is not a
patient, but who requests the written NOPP of Perkins Drugs & Gift Shoppe
is entitled to receive the written NOPP even though not a patient.
Patient
Acknowledgment of Receipt of Notice of Privacy Practices
At any time a patient is
given the written NOPP, the patient shall be requested to sign the appropriate
document available at Perkins Drugs & Gift Shoppe acknowledging that the
patient received the NOPP.
If at any time a patient
refuses to sign the document acknowledging receipt of the written NOPP the
employee shall notify the Pharmacy Privacy Officer or pharmacist on duty of the
refusal, so that the good faith effort to obtain the signature can be
appropriately documented.
For patients not able to physically visit Perkins Drugs
& Gift Shoppe, a reasonable effort shall be made to deliver the
written NOPP to the patient and obtain the patient’s signature acknowledging
receipt of the written NOPP. In such situations, delivery can be
accomplished by US mail, electronic mail, delivery to the patient’s home, or delivery to
the patient’s caregiver who does
physically visit the pharmacy. If
acknowledgment of receipt of the NOPP cannot be obtained, the Pharmacy Privacy
Officer shall document the good faith effort to deliver the written NOPP and
obtain the patient’s signature acknowledging receipt of the written NOPP.
Accommodating
Patient
Rights
Patients possess a variety of rights related to their PHI at Perkins
Drugs & Gift Shoppe. The rights, in addition to the right to receive a
written NOPP include the following:
1.
A request for
access to pharmacy records
2.
A request to
amend pharmacy records
3. A
request for an accounting
4. A
request for confidential communication: and
5. A
request to file a complaint.
Any employee receiving a
request from a patient related to any of the above-listed patient rights shall
immediately refer the patient to the Pharmacy Privacy Officer or the pharmacist
on duty if the Privacy Officer is not available.
Any patient requesting
the exercising of any of the above-listed rights shall be requested to complete
the form that relates to the patient right.
The Pharmacy Privacy Officer or pharmacist shall make a good faith
effort to accommodate the patient request if the patient refuses to complete
the form and instead wants to exercise the right based on an oral request.
Every effort shall be
made to accommodate a request of a patient to exercise a right granted to the
patient by HIPAA. All requests shall be
promptly reviewed and acted upon by the
Privacy Officer. The Privacy Officer
shall consult with the pharmacist on duty as necessary with regard to any
request related to a patient right.
Uses
and Disclosures of PHI
Use and disclosure of PHI
shall occur only in accordance with the written NOPP of Perkins Drugs &
Gift Shoppe.
With respect to any sue and
disclosure of PHI, only the minimum necessary PHI shall be used and disclosed,
unless otherwise permitted by the Pharmacy Privacy Officer or pharmacist on
duty who is familiar with the rules concerning the minimum necessary standard.
Only the Pharmacy Privacy
Officer and pharmacist on duty shall be allowed to request a written
authorization for a use and disclosure of PHI that is not described in the
NOPP, or otherwise requires a written authorization pursuant to HIPAA.
Use and disclosure of PHI
shall occur only with respect to the employees of Perkins Drugs & Gift
Shoppe who have an essential need for the PHI in order to carry out their job
tasks and responsibilities. Such
employees shall not use or disclose PHI to other employees.
Record
Keeping Requirements
The initial written NOPP
and any revised written NOPP that may be prepared shall be maintained at
Perkins Drugs & Gift Shoppe for at least six years for the effective date
stated on the written NOPP.
The document used to
record patients’ signatures acknowledging receipt of the written NOPP shall be
maintained at Perkins Drugs & Gift Shoppe for at least six years from the
date of the last patient signature contained on the document.
Any use and disclosure of
PHI that is subject to the HIPAA accounting requirement shall be maintained in
an appropriate database, electronic or written, with performance of routine
backing up, and shall be maintained for at least six years from the date of the
use and disclosure.
All contracts with
business associates shall include the HIPAA required “satisfactory assurances”
and shall be maintained in a readily retrievable manner.
Staff
Training
Although not all
employees will have access to PHI, it is the policy of Perkins Drugs & Gift
Shoppe that all employees will undergo staff training.
Staff training shall be
accomplished by all current employees prior to the HIPAA implementation
deadline of April 14, 2003.
Staff training shall be
accomplished within a reasonable time by all employees hired after the HIPAA implementation
deadline of April 14, 2003.
Cooperation
with Investigations and Compliance Reviews
It is the policy of
Perkins Drugs & Gift Shoppe to fully cooperate with any investigation or
compliance review concerning the compliance of Perkins Drugs & Gift Shoppe
with the HIPAA privacy standards.
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