HIPAA

Job Corps centers are considered covered entities under HIPAA and the Privacy Rule. It is paramount that centers protect students’ privacy and only share information as allowed by law.

Each contractor or subcontractor covered by the Privacy Rule has a responsibility to comply with all parts of the Rule, including designating a covered health care component (the Health and Wellness Centers), designating a Privacy Officer, designating a contact person or office for receiving complaints and providing information, conducting required training of all employees of the covered entity (or designated component), implementing safeguards for protected health information, providing a complaint process and documenting complaints, implementing employee disciplinary policies for violations, keeping an accounting of disclosures, issuing Notices, obtaining Authorizations, and many other requirements. 

TO DO:

  • Centers are required to notify students of HIPAA requirements through an authorization for use and disclosure of health information (the "Authorization") and notice of privacy practices (the "Notice"). See the Policies and Directives section for more information.  

 


 

Policy & Directives

Hippo holding the Job Corps shield in its mouth 

Job Corps Policy

 

Job Corps Directives

PRH Change Notices

Program Instructions

Job Corps Requirements

Job Corps Health and Wellness Centers are covered entities under the law, and as such are prohibited by Federal law from using or disclosing student personal health information without student permission, except for treatment, payment, health care operations, and certain other circumstances.
 
To notify applicants and students of HIPAA requirements, Job Corps has developed two documents:
  • An authorization for use and disclosure of health information (the "Authorization") lists how student health information can be used and disclosed by center Health and Wellness staff. The applicant or the applicant's parent/legal guardian must sign the Authorization as a condition of enrollment. The Authorization gives detailed information about what information can be shared and with whom it will be shared. Only the minimum information necessary to accomplish the purpose can be shared, and only on a need-to-know basis. The student may revoke his/her Authorization at any time; however, this action may result in the student's separation from the program.
  • A notice of privacy practices (the "Notice") has also been developed for Job Corps Health and Wellness Centers to provide the students with a notice of how their protected health information may be used or disclosed. The Notice states that Health and Wellness Centers may share without the student's consent, information about the student for the purpose of treatment, payment and health care operations, and other circumstances as outlined in the Notice. 

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HIPAA-Related Responsibilities

Identified below are HIPAA-related responsibilities for (1) Job Corps applicants and students, and (2) Job Corps staff responsible for implementing and monitoring HIPAA Privacy Rule activities.

Admissions Counselors

  • Provide applicant or parent/legal guardian with Authorization form and Job Corps pamphlet describing the Authorization and HIPAA Privacy Rule.
  • Read the script regarding the Authorization to the applicant/parent/legal guardian.
  • If the applicant has questions, refer him/her to the Health and Wellness Director of the receiving center, or if a center has not been identified, refer to the National or Regional Nursing Consultant.
  • Request the applicant or parent/legal guardian to sign the Authorization form.
  • Provide the applicant with a copy of the signed Authorization.
  • Forward the Authorization to the receiving center prior to the applicant's arrival.
  • If the applicant requires additional health information from their private health care provider, the AC must use a supplemental Authorization form that complies with the law. (One has been developed.)

Health and Wellness Director/Staff

  • During the implementation period, present Authorization to all on center students for signature. Read the script regarding the Authorization to the applicant/parent/legal guardian. Authorization to parent/legal guardian of minor students and request signature.
  • Post the Notice in the center Wellness Center, and in the offices of the center physician, center mental health consultant, and center dentist. Instruct off-center providers (e.g., dentists) to post the Notice in their private offices.
  • Develop center operating procedures regarding the Privacy Rule.
  • Ensure that there is a signed Authorization for each applicant before the student arrives.
  • Notify the Center Director and AC if Authorization is not available.
  • On the student's first visit to the Health and Wellness Center, give and explain the Notice to the student. (Have additional Notices available if students want a copy.)
  • Send a copy to all minor students' parents/legal guardians. Ask that the Notice be returned signed (signature not mandatory) and document in the medical folder that Notice was sent to the parent or legal guardian.
  • If 18 years or older, have student sign (signing is not mandatory, but document that Notice was given and student declined to sign).
  • File both the signed Authorization and Notice in student's medical folder.
  • Ensure that all students on center have a signed Authorization and Notice in their medical folders (or an explanation why the Notice was not signed).
  • Conduct training on the Privacy Rule with all new Health and Wellness staff within 90 days of hiring and do yearly trainings with Health and Wellness staff.

Center Directors

  • Ensure that the Privacy Rule policy and procedures are enforced.
  • Ensure that all students on center have a Notice and signed Authorization in their medical folder.
  • Designate a Privacy Officer to develop and implement Privacy Rule review procedures.
  • Designate a contact person (can be the same as the privacy officer) responsible for receiving complaints and providing further information to students.
  • Review and grant written requests to revoke the Authorization.

Contractors and Subcontractors

  • Ensure that the centers are compliant with the Privacy Rule.
  • Implement employee disciplinary policies for violations.
  • Ensure that an accounting of disclosures is maintained.
  • Determine whether the Authorization and Notice are sufficient to cover the center's actual information practices, whether the Notice should be modified, Supplemental Authorizations requested, or practices changed.

Students

  • If 18 years or older, students may revoke their Authorization at any time by submitting a request in writing to the Center Director. However, revocation may be grounds for student dismissal.
  • May review information in their medical folders.
  • May request that information be changed if it is incorrect or incomplete.
  • May submit complaints to the Privacy Officer or to HHS Office of Civil Rights.

Parents or Legal Guardians of Minor Students

  • May submit a written request to revoke the Authorization. However, a revocation may result in student dismissal.
  • May have access to records unless prohibited by state laws.

 

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Web Resources

 

 Web Resources

 
  
  
DescriptionFilter
  
http://www.cms.hhs.gov/MMIS/03_MedicaidHIPAASim.asp
Provides material on the fields of information technology and data utilization as these relate to the effective and efficient administration of the Medicaid program.
  
http://www.hhs.gov/ocr/privacy/
The website of HHS Office of Civil Rights which enforces the HIPAA Privacy Rule, the HIPAA Security Rule, and the confidentiality provisions of the Patient Safety Rule.
  
http://www.ecfr.gov/cgi-bin/ECFR?page=browse
An editorial compilation of CFR material and Federal Register amendments produced by the National Archives and Records Administration's Office of the Federal Register (OFR) and the Government Printing Office.

 

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