III. V. Health Insurance Portability and Accountability Act (HIPAA) Policy and Procedure

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PURPOSE:

The purpose of this policy is to ensure the privacy and maintain confidentiality of all protected health information provided by employees and students at West Warwick Public Schools. Because the school department receives information on students and employees from various health care facilities, it is necessary for the school department to be in compliance with HIPAA guidelines. The Health Insurance Portability and Accountability Act of 1996 is a law that was passed to protect individual’s rights to health insurance coverage and to promote industry standardization.

The major purpose of having a Privacy Rule is to define and limit the circumstances in which an individual’s protected health information (PHI) may be disclosed.

REQUIREMENTS:

This Privacy Rule requires that we use reasonable safeguards to ensure that employees and students’ protected health information is not transmitted or disclosed to anyone who does not have a right to know and to ensure the information remains confidential.

There are four components to HIPAA – electronic transactions and code sets, privacy requirements, security requirements and National Indentifier requirements. As a school district we only need to focus on the privacy and security requirements.

DEFINITION OF “PROTECTED HEALTH INFORMATION”:

It is defined as individually identifiable health information specifically about an employee or student. It is created or received by a health care provider and relates to the past or present physical or mental health condition of an individual. PHI can be transmitted or maintained by oral discussions, paper documents, personal computers, or any electronic media network including internet, floppy disks, compact disks, etc. Reasonable safeguards must be practiced to ensure PHI is not transmitted, remains private and is kept confidential.

REASONABLE SAFEGUARDS:

All employees of the West Warwick Public Schools handling any form of protected health information (whether it is regarding another employee, co-worker or student) are required to ensure that medical and/or health information remains private and confidential by using the following safeguards:

 *Turn computer screens away from public view

*Use passwords or log off computer when leaving work station and computer unattended

*Shred documents that contain PHI versus throwing them in the trash

*Not engaging in conversation or discussions regarding one’s PHI with others

*Turning documents face down or covering them if you need to perform other tasks

*Keeping a PHI out of public view

*Never forwarding someone’s PHI elsewhere without their written consent and permission

*All doctor’s notes received from employees will be placed in a sealed envelope and forwarded to the Personnel & Human Resources Office

 EMPLOYEE PERSONNEL RECORDS:

To ensure the privacy and confidentiality of all PHI for employees, the Personnel & Human Resources office will maintain a separate envelope marked “HIPAA” which will be placed in each employee’s personnel file. All doctor’s notes received will be placed in this file. In the event that someone requests to review an employee’s personnel file, this envelope marked “HIPAA” will be removed before the file is released.

STUDENT HEALTH RECORDS:

To ensure the privacy and confidentiality of all PHI for students, the School Nurse will maintain all medical related documentation in the students’ health record file in a secured area located in the nurse’s office.

DISTRIBUTION OF PRIVACY NOTICE:

All employees of the West Warwick Public Schools will receive a copy of the “Privacy Notice” informing them how medical information about them will be used, disclosed and maintained by the school department.

CONFIDENTIALITY AGREEMENT:

All employees occupying a position which could allow them access to PHI regarding an employee or student will sign a “confidentiality agreement” acknowledging that they are familiar with this policy and the Privacy Notice concerning PHI use, disclosure, storage and destruction as required by HIPAA.

(See attached “Confidentiality Agreement”)

 Adopted by School Committee:  April 11, 2006

 Initials of School Committee Chairperson: ________________

 

West Warwick Public Schools

10 Harris Avenue

West Warwick, RI  02893

Phone:  (401) 821-1180     Fax:  (401) 822-8463

  EMPLOYEE CONFIDENTIALITY AGREEMENT

 I, __________________________, have received, read, and understand the West Warwick Public Schools policies regarding the privacy of individually identifiable health information [or protected health information (PHI)], as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  In addition, I acknowledge that I am familiar with the policy concerning PHI use, disclosure, storage and destruction as required by HIPAA.

In consideration of my employment or compensation from the West Warwick Public Schools, I hereby agree that I will not at any time – whether during my employment or association with the West Warwick Public Schools or after my employment or association ends – use, access or disclose PHI to any person or entity, internally or externally, except as is required and permitted in the course of my duties and responsibilities with the West Warwick Public Schools, as set forth in the West Warwick Public Schools privacy policies and procedures or as permitted under HIPAA.  I understand that this obligation extends to any PHI that I may acquire during the course of my employment or association with the West Warwick Public Schools, whether in oral, written or electronic form and regardless of the manner in which access was obtained.

I understand and acknowledge my responsibility to apply the West Warwick Public Schools policies and procedures during the course of my employment or association.  In addition, I understand that this obligation will survive the termination of my employment or end of my association with the West Warwick Public Schools, regardless of the reason for such termination.

Employee Signature ______________________________

Date ____________________

 Employee Name (Please Print) ______________________________________________