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Billing Manual for Community Care Network Providers

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164.504(e)(ii)(A)).They will take appropriate precautions with the in<strong>for</strong>mation they are given (HIPAASection 164.504(e)(ii)(B)).In the event that someone discloses in<strong>for</strong>mation they will report the breach to<strong>Community</strong> <strong>Care</strong> as soon as they become aware of it (HIPAA Section164.504(e)(ii)(C)).They will ensure any additional agents, including subcontractors, to whom thisin<strong>for</strong>mation may become available to, follow the same restriction and conditions thatapply to them (HIPAA Section 164.504(e)(ii)(D)).The member may access, amend, or have an accounting of the in<strong>for</strong>mation that isreleased to a business associates.The in<strong>for</strong>mation released by <strong>Community</strong> <strong>Care</strong> will be available if requested by theSecretary of Health and Human Services in order to track <strong>Community</strong> <strong>Care</strong>’scompliance with HIPAA (HIPAA Section 164.504(e)(ii)(H)).At the termination of the contract or when this in<strong>for</strong>mation is no longer needed, thebusiness associate has the necessary means to destroy this in<strong>for</strong>mation or have thisin<strong>for</strong>mation returned to <strong>Community</strong> <strong>Care</strong> in order <strong>for</strong> it to be destroyed (HIPAASection 164.504(e)(ii)(I)).A business associate’s contract may be terminated at any time if we feel thebusiness associate has violated any of the above (HIPAA Section 164.504(e)(iii)).<strong>Community</strong> <strong>Care</strong> may disclose protected health in<strong>for</strong>mation about victims of abuse,neglect, or domestic violence without an authorization to law en<strong>for</strong>cement officials orgovernment agencies by a representative using his/her professional judgment (HIPAASection 164.512(c)(1)). If <strong>Community</strong> <strong>Care</strong> releases such in<strong>for</strong>mation, it will promptlyin<strong>for</strong>m the member that such a report has been made except when:In<strong>for</strong>ming the member would put them in serious danger or harm.<strong>Community</strong> <strong>Care</strong> is unable to in<strong>for</strong>m the member in which case the personalrepresentative may be in<strong>for</strong>med that <strong>Community</strong> <strong>Care</strong> released this in<strong>for</strong>mation.However, if <strong>Community</strong> <strong>Care</strong> believes the personal representative is responsible <strong>for</strong>the abuse, neglect, or other injury then he/she would not be notified.<strong>Community</strong> <strong>Care</strong> may disclose protected health in<strong>for</strong>mation without an authorizationto a law en<strong>for</strong>cement official:When required by law <strong>for</strong> the purposes of, but not limited to, investigating acomplaint, civil, or criminal charges. (HIPAA Section 164.512(f)) The in<strong>for</strong>mationrequested must first be <strong>for</strong>warded to <strong>Community</strong> <strong>Care</strong> legal counsel <strong>for</strong> review.In the event that the member has died, <strong>for</strong> the purposes of alerting the law, if<strong>Community</strong> <strong>Care</strong> has a suspicion that such death may have resulted from criminalconduct (HIPAA Section 164.512(f)(4)).If there is evidence of criminal conduct that has occurred on our premises (HIPAASection 164.512(f)(5)).If the member (HIPAA Section 164.512(f)(6)) contacts <strong>Community</strong> <strong>Care</strong> about acrime (commission or nature of one), the location of such crime or the victim (s) of<strong>Community</strong> <strong>Care</strong> Provider <strong>Manual</strong> | 1-888-251-CCBH | © 2012 All Rights Reserved | Page 148

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