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Written Policies
Covered entities must develop and implement written privacy policies that are consistent with the Privacy Rule (OCR, 2003). This policy must address several components. One is that there must be a privacy official. The privacy official is responsible for developing and implementing privacy policies. There must also be a contact person responsible for the receipt of complaints (Ibid.).
The written policy must also cover other key areas. These included workforce training, which should also include any employee under the direct control of the covered entity, even if they are under contract and not an employee of the entity. There must be data safeguards as well, so the written policy needs to include specific procedures for verification of identity, release of information and disposal of PHI.
There must also be a policy with respect to the handling of complaints. This procedure must be outlined in the notice that the patients receive. Under HIPAA, each of these different components must be included in the written policy, for the protection of both the covered entity and the consumer.
Training
Covered entities are responsible for training staff on the proper handling of protected health information. The term 'staff' includes all employees under direct control of the covered entity, regardless of their contract status. This includes employees of "business associates." Under most circumstances, covered entities are required to have a contract in place with business associates stipulating that the associates will adhere to HIPAA and other law surrounding the release of information with which the covered entity is entrusting them.
Thus, the covered entity is responsible for the development and implementation of a comprehensive ROI training program. The covered entity also bears all responsibility for recordkeeping. Records must be kept for six years after the last effective date, every record with respect to HIPAA, including the entity's own procedures, disposition of complaints and its privacy notices.
Each...
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