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Billing Manual for Community Care Network Providers

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All statements to the media including press releases and interviews are made by orauthorized by <strong>Community</strong> <strong>Care</strong>’s Chief Executive Officer.SubpoenasMember identifiable data and in<strong>for</strong>mation must not be released if a subpoena isserved without first consulting <strong>Community</strong> <strong>Care</strong>’s legal counsel.The <strong>Community</strong> <strong>Care</strong> representative receiving the subpoena should immediatelysend the subpoena, via facsimile if necessary, to <strong>Community</strong> <strong>Care</strong>’s legal counsel.If the <strong>Community</strong> <strong>Care</strong> representative receiving the subpoena is not a member ofmanagement, he or she should immediately contact his or her supervisor to act onthe matter.Legal counsel, in conjunction with appropriate <strong>Community</strong> <strong>Care</strong> staff, employees,and the treating practitioner, will determine the appropriate course of action.When the in<strong>for</strong>mation is needed to prevent further harm to the member, <strong>Community</strong><strong>Care</strong> may release PHI in response to a law en<strong>for</strong>cement official’s request with orwithout the authorization of a member who is suspected of being a victim of a crime(HIPAA Section 164.512(f)(3)).In<strong>for</strong>mation may be released to law en<strong>for</strong>cement officials <strong>for</strong> court proceedings or aninvestigation, after it is <strong>for</strong>warded to <strong>Community</strong> <strong>Care</strong>’s legal counsel. <strong>Community</strong><strong>Care</strong> will ensure that the proceedings and persons requesting the member’sin<strong>for</strong>mation have made a good faith attempt to contact the member, or his/her legallyauthorized representative, to in<strong>for</strong>m him/her that their PHI is being requested be<strong>for</strong>eit is released (HIPAA Section 164.512 (e)).If the officials are unable to locate the member and they have shown reasonable ef<strong>for</strong>tsin an attempt, then <strong>Community</strong> <strong>Care</strong> will release in<strong>for</strong>mation if (HIPAA Section 164.512(e)):There is documentation to support their ef<strong>for</strong>ts in trying to find the member.A written notice was sent to the member’s last known address and the member wasgiven sufficient time to respond or raise objections.Once time has elapsed:• Proof that there are no objections filed by the member.• If there are any objections filed, they have been resolved through the court or anadministrative tribunal.• The in<strong>for</strong>mation released is only to be used <strong>for</strong> the litigation or proceeding.• Once this in<strong>for</strong>mation is no longer needed then, <strong>Community</strong> <strong>Care</strong> requires thatrequestor destroy the in<strong>for</strong>mation, or to return it so that it can be destroyed.A Member’s Right to Amend Protected Health In<strong>for</strong>mationIn accordance with HIPAA (Section 164.526), the member has the right to amendhis/her PHI if desired. The member may request to amend his/her in<strong>for</strong>mation bywriting a letter to the privacy officer at <strong>Community</strong> <strong>Care</strong> including a reason why this<strong>Community</strong> <strong>Care</strong> Provider <strong>Manual</strong> | 1-888-251-CCBH | © 2012 All Rights Reserved | Page 194

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