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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.