Our Privacy and Confidentiality Policy in Denver, CO

- POLICY:
Absolute Expert Care will protect the privacy of individuals regarding personal information collected, maintained, used, and/or disclosed. The following procedure mostly refers to the written or hard copied material.

- PROCEDURE
Absolute Expert Care will ensure that access to records and confidentiality of information is maintained according to federal and state laws.
Employees and contractors will be made aware of their responsibilities regarding confidentiality and privacy of written and verbal information about persons seeking or receiving services.

- CONFIDENTIALITY AND ACCESS TO PERSONAL RECORDS
All identifying information gathered while providing services to a person will be confidential and will be protected from unauthorized access. Legal authorities may require access during their work. Individual records and other identifying information will not be released without the knowledge and informed consent of the person, parent/legal guardian, or authorized representative, if within the scope of their practice as appropriate. This includes written records and digital data (e.g., Word documents and Excel spreadsheets) and verbal communication.
Employee and contractor access to records will be limited to those who have received training regarding confidentiality and privacy. Employees and contractors are authorized to access individual records using personal computers or phones, but due diligence should be taken so that HIPAA procedures are followed to ensure that the person’s confidentiality is maintained.
Records containing information shall be retained in accordance with regulations and policies that may apply to the type of record.

- CONFIDENTIAL INFORMATION
Identifying information that will be kept confidential includes but is not limited to Name, Social Security number, Medicaid number or any other identifying number or code, street address, name and address of parents or contact person, photo, or any distinguishing mark, which could reasonably be expected to identify a specific individual.
Other information considered to be confidential includes but is not limited to:

• Information contained in medical, psychological, or social summary reports including diagnosis and treatment.
• Program reports including contact notes, assessments, evaluations, Individualized Plans, Individual Service and Support Plans, and Individual Education Plans.
• Information concerning financial resources.
• Information contained in applications, reports of investigations, and case record forms.
• Photographs of persons.

Access to a person’s records can be considered any of the following:

• Viewing the information in the record.
• Duplicating the information in the record.
• Responding to telephone inquiries about the person and/or about information in the record.
• Participating in meetings where the person’s information is discussed.
• Discussing the person in public places.

Unrestricted access to information on the person receiving services will be limited to:

• The person receiving services.
• The parent of the person (if the person is under the age of 18) or a court-appointed guardian.
• The person’s authorized representative if so authorized.
• Designated employees of the Department of Health Care Policy and Finance.
• Absolute Expert Care’s employees or contractors whose duties require access.
• Employees of authorized external organizations, whose responsibility it is to license, accredit, monitor, approve or conduct other functions related to administration.
• Physicians, psychologists, and other professionals treating a person in an emergency, which precludes obtaining consent. In such an instance, documentation to this access shall be entered into the person’s record. This should include the date and time of the disclosure, the information disclosed, the names of the individuals by whom and to whom the information was disclosed and the nature of the emergency.
• Individuals or agencies authorized by law.
• Persons or agencies for which the person, parent of a minor, or guardian has given written consent.
• The agency is designated as the protection and advocacy system when: a) a complaint has been received by the advocacy system from or on behalf of a person receiving services; and b) such person does not have a legal guardian or the state is the legal guardian, when the individual receiving services has given written consent.


In any case, disclosure of confidential information must be limited to those aspects of information that are necessary to perform the duties of the person desiring access.

Individuals Who May Authorize the Release of Information:

• The person, if 18 years or older, who does not have a court-appointed guardian.
• An individual designated in writing by the person as an authorized representative, if within the scope of their practice.
• The person’s legal guardian.
• The person’s legal custodian.
• The person’s parents if less than 18 years old.

Absolute Expert Care will ensure the proper release of information or viewing of the person’s record to any of the above within 24 hours, excluding weekends or holidays for persons currently receiving services and within 10 days for persons formerly receiving services.

Release of Information to Individuals Who Do Not Have Unrestricted Access:
Identifying information may be released upon presentation of one of the following:

• A written authorization/release of information form signed by one of the individuals authorized to release information. The release form a) must be dated, b) be in effect no longer than one year, c) must specify the type of information to be released and to whom it will be released and, d) must state the reason the information is being requested.
• A verbal authorization by one of the authorized individuals with a witness to the conversation and documentation in the person’s record access log. This will be allowed in an emergency only and must be followed by a written release.
• A court order specifying releases.
• This authorization may be revoked in writing at any time by the person who made the original authorization.
  

- CONFIDENTIAL RECORDS ACCESS LOG
At each location where records are maintained, there shall be a Records Access Log. The log shall contain the name and individual/organization who gained access to the records, the date the record was reviewed and/or released, and the purpose of accessing the record. ANY ACCESS TO CONFIDENTIAL INFORMATION MUST BE NOTED IN THIS LOG.

- Duplication of Information
Identifying information to be released from records may be photocopied or otherwise duplicated only if the authorization for the release of information specifically allows for duplication.
Confidential information will be transferred to a third party on the condition that they will not permit any other party to have access to such information without the written consent of the person authorized to release the information. Information transmitted by fax machine should be monitored at both sending and receiving points to ensure no unauthorized person can see this information. Personally, identifying information shall not be revealed to third parties not involved in the provision of services to the individual or appropriate referrals. If there is a signed Release of Information form, the following procedures will be observed:

• The release form shall specifically state that information may be duplicated.
• Enter the request and pertinent information into the person’s Record of an Access log.
• Maintain the Release of Information form in the person’s file.
• Stamp material going out as CONFIDENTIAL.
• Release the requested information.

- Court Requests for Information
When a record is taken to court, it shall be by court order specifying that the record is brought. The record is not to be shown to anyone until the judge requests that the record be presented as evidence. The person accompanying the record must remain with the records at all times, including during any photocopying. The record is never to be left in the custody of the court.