Confidentiality & Privacy Policy​

Procedure

1. 1All information is private and confidential. All employees, contractors and volunteers must sign statements promising to protect Confidentiality as a condition of employment.
2. All employees, contractors and volunteers receive training in the laws governing the Confidentiality and Privacy of information and the procedures for handling this information.
3. Violation of this policy regarding Confidentiality and Privacy is grounds for disciplinary action, including dismissal and criminal and civil action(s).
4. Information regarding client PHI is not discussed in public areas within Hale Kipa and/or outside of Hale Kipa.
5. Telecommunication, telehealth, and virtual conferencing are necessary activities that support ongoing programs and services of Hale Kipa. Hale Kipa has a BAA with Zoom which is the agency’s approved source for video conferencing. Hale Kipa makes reasonable efforts to secure Hale Kipa owned property including desktops, cell phones and other mobile devices and maintains HIPAA compliance. Hale Kipa cannot ensure the security of non-Hale Kipa owned technological equipment nor client owned technological equipment yet makes every effort to train staff to follow confidentiality procedures set forth in this document. The use of personal Zoom (without a BAA) may be temporarily allowed during certain times when approved by Hale Kipa to maintain uninterrupted delivery of services for youth and families in need. Hale Kipa advises that all staff use a good faith approach by requiring passwords be used when holding Zoom meetings. The Office of Civil Rights (OCR) will 2 exercise its enforcement discretion and will not impose penalties for noncompliance with the regulatory requirements under the HIPAA Rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.
6. Information is not discussed in conversation unrelated to a business purpose.
7. Information is requested and accessed by authorized employees, contractors, and volunteers strictly on a need-to-know basis.
8. Information is not released without the required legal consent, pursuant to a subpoena or court order, or as otherwise authorized or required by law.
9. Information is not to be released, whether verbally, in writing, or electronically regarding a youth or their family without the Consent to Release/Obtain Confidential Information Form signed by the youth and, if under eighteen, the youth’s parent(s) or legal guardian(s). This applies to both open and closed cases.
10. Information will not be released without notification, and when appropriate, written consent regarding staff, volunteers, or contractors.
11. Respective program and service staff, contractors and volunteers are responsible for ensuring that the Confidentiality and Privacy of youth and families, (written, electronic or verbal) is maintained and that such information is shared only with those directly involved in servicing the youth and families, and/or supervision of staff. Written records, Electronic Protected Health Information (ePHI) or PHI are protected against loss, unauthorized use, or distribution.
12. Hale Kipa takes a protective role with youth who may not have permanent, safe, or secure family ties, youth who have endured trauma, youth who are particularly vulnerable due to mental and/or developmental disabilities. Special precautions are taken to ensure that these youth are protected from making uninformed or compromising decisions that would release information about themselves which may result in being harmful or when staff deem the purpose questionable.
13. Hale Kipa takes a protective role with youth and families to protect them from media inquiries. Media inquiries, whether internal or external, requesting specific youth information will not be released without the informed written consent from the youth and their parent(s) or legal/guardian(s). The consent also releases Hale Kipa from liability if the person discloses information on themselves. Inquires may include photographs, videotaped interviews, artwork, or creative writings for public relations, news events, social media or fundraising purposes. All requests to participate in media events are voluntary. Legal counsel may be consulted if there are required disclosure concerns. (Also refer to Hale Kipa’s Crisis Communication Plan.)
14. Hale Kipa’s Consent to Release/Obtain Confidential Information includes the following:
    1. Time limited.
    2. Specific addressee
    3. Specific information required
    4. Purpose of such information