UMDNJ Progress
- Consent and authorization
- For payment, treatment, and health care operations;
create a consent form containing all required elements
- For all
other uses or disclosures; create an authorization form; must contain
all information specified in the regulation
- Business associates:
- Identify your business associates
- Enter into a contract with each
business associates (this includes accreditation agencies such as
JCAHO) that complies with the requirements of the regulation
- Notice of privacy practices:
- Ensure that you have a notice written in plain language
that contains all the required elements
- Place the notice on
a Website, or send by e-mail, but also make available in paper copy
- Ensure
that the notice remains current; if material changes are made, inform
patients
- Understand that the notice has the effect of a contract
with respect to the covered entry's policies and practices
- Regarding
the use and disclosure of protected health information
- "Minimum Necessary"
- Write and implement policies and procedures for "minimum
necessary" disclosures
- Write and implement policies
and procedures about who had access to protected health
information, and the conditions that apply to such access. The policy
must discuss access to information by any trainees ( residents,
medical students, and other students)
- Put policies in place to allow Individuals to;
- Restrict access to their protected health information
- Receive an
accounting of all disclosures of protected health information for
the past six years
- Allow inspection and copying of protected health
information
- Amend protected health information
- Permit the individual to receive
communications of protected health information in an alternative
way
- Research
- If the research relates to treatment, obtain consent;
consent may be combined with a research authorization
- Rely on pre-existing consent for protected health information created
or received prior to the compliance date of this regulation (2/23/02)
- Decide
whether an IRB and/ or a PB will be given authority to grant a waiver
of authorization for research
- Ensure that the IRB and/ or PB is properly
constituted
- When a waiver of authorization is granted, ensure that
all necessary elements
have been considered and documented
- Establish policies and procedures
for the use and disclosure of protected health information for
reviews preparatory
to research.
- If an individual's right to access to protected
health information is restricted during the trial,
ensure that such restrictions
are lifted once the trial
is complete.
- Inpatient directory, marketing, and fundraising
- Patient directory, limit information to that allowed
by rule; let patients opt-out of the directory
- Marketing;
face-to-face, or in compliance with rule
- Fundraising; limited to general appeals without authorization
- Other
- Appoint a Privacy Officer
- Prepare and institute a training program
for all members of your workforce
- Put in place procedures to allow
individuals to file complaints
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