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Billing Manual for Community Care Network Providers

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164.504(e)(ii)(C)).He/She will ensure any additional agents, including subcontractors to whom thisin<strong>for</strong>mation may become available, follow the same restriction and conditions thatapply to him/her (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 associate.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 PHI about victims of abuse, neglect, or domesticviolence without an authorization to law en<strong>for</strong>cement officials or government agenciesby a representative using his/her professional judgment (HIPAA Section164.512(c)(1)). If <strong>Community</strong> <strong>Care</strong> releases such in<strong>for</strong>mation, it will promptly in<strong>for</strong>m themember that such a report has been made except when:In<strong>for</strong>ming the member would put him/her 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 PHI without an authorization to a law en<strong>for</strong>cementofficial:When required by law <strong>for</strong> the purposes of, but not limited to, investigating acomplaint or 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) ofsuch crime; and the identity, description, and location of the perpetrator of such acrime.In this latter instance, the <strong>Community</strong> <strong>Care</strong> representative will notify his/her directsupervisor of the situation, and will call 911 to report this in<strong>for</strong>mation.<strong>Community</strong> <strong>Care</strong> Provider <strong>Manual</strong> | 1-888-251-CCBH | © 2012 All Rights Reserved | Page 189

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