CONFIDENTIALITY TRAINING OBJECTIVES WORKSHEET 1. You will name at least 3 reasons for maintaining the confidentiality of clients’ personal information. 1. Maintaining confidentiality will establish a trusting, positive relationship with your client. This in turn will support the mission of the HVC and of your home visiting program. 2. Confidentiality is the client’s right and is protected by law. 3. As a home visitor, you have an ethical responsibility to keep the client’s information confidential. 4. Most home visitors are housed within agencies that have policies and procedures related to confidentiality. 2. You will name the main points of the three laws that speak to confidentiality, privacy and security of health and education records. 1. HIPAA‐ Health Insurance Portability and Accountability Act of 1996 
Applies to health care and other facilities 
Protects the privacy and security of Personal Health Information, including written, electronic and oral information. 
Patients must be given a Notice of Privacy Practice. 
Gives patients some control over who will see their personal information and the right to request restrictions on how information about them is used. 
There are routine and non‐routine allowable disclosures. 
The minimum necessary rule applies to HIPAA. 2. 42 CFR Part2 of the Public Health Service Act 
Gives substance abuse treatment records special privacy protection. 
Applies to alcohol and drug abuse programs and anyone else who receives the information. 
Gives specific guidelines for valid consent. 
Programs must also comply with HIPAA. 
Information can be shared under certain exceptional conditions. 1 3. FERPA‐ The Family Educational Rights and Privacy Act 
Protects the privacy of students’ education records. 
Applies to almost all public schools. 
Includes health and immunization records, special education records, and medical records contained in the education record. 
Gives parents some control over the disclosure of information from education records. 
Exceptions to the law include teachers’ notes, directory information, and health and safety emergencies. 3. You will describe how the Home Visiting Consortium’s Universal Referral From can enhance communication and collaboration among home visiting programs, other agencies and physicians. 1. The parent can sign one form that gives multiple programs and agencies permission to communicate. 2. The home visitor or physician can make referrals to multiple home visiting programs. 3. The form gives complete demographic information along with the reason for referral, thereby reducing the chance that the receiving program will need to make follow‐up contacts to the referring source before contacting the family. 4. You will develop a “Confidentiality Script”. This information will vary depending on the agency and program you represent, but should include the following points: 1. Define confidentiality. 2. Explain that there are laws that protect confidentiality of personal information. 3. Explain what information is protected. 4. Explain the client’s right under the applicable law. 5. Give reasons why you might need to share information. 6. Go over the forms carefully with the client and give the client an opportunity to ask questions. 7. Ask the client if she is ready to sign the form. 2 5. You will develop a checklist of things you must consider before sharing a client’s personal information with anyone. 1. Does your client understand his/her rights? 2. What laws apply to the situation? 3. Do you have a valid consent to share information? 4. Should you talk with your supervisor before sharing this information? 5. How can you safeguard the confidential information you possess, and if you must disclose information what is the most secure method to accomplish the task? To learn more about confidentiality and the laws, visit these sites: •
The Institute for Innovation in Health and Human Services at James Madison University http://jmutube.cit.jmu.edu/users/mccabeja/presentations/hipaa.zip.content/ •
Virginia Department of Behavioral Health and Developmental Services http://www.dbhds.virginia.gov/documents/adm/adm‐hipaasecurityawareness.pdf •
http://www.hhs.gov/ocr/hipaa •
http://www.ed.gov/policy/gen/guid/fpco/index.html •
http://www.access.gpo.gov/nara/cfr/waisidx_02/42/cfr_02.html •
http://www.docstoc.com/docs/2397753/Overview‐of‐42‐CFR‐Part‐2‐and‐HIPAA •
http://www.kap.samhsa.gov/products/manuals/taps/13.htm •
https://www.pubinfo.vcu.edu/vissta/login/login.asp?0.988476 •
Mandated Reporters: Recognizing and Reporting Child Abuse and Neglect – (Online) http://www.vcu.edu/vissta/non_vdss_employees/mandated_reporter_courses.htm 3