HIPAA requires every RCFE to provide residents with a written Notice of Privacy Practices. This policy covers all six resident rights under HIPAA, California CMIA protections, and the 15-day breach notification procedure.
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Yes. RCFEs receive and handle protected health information (PHI) from physicians, hospitals, and insurance providers on behalf of residents. As a healthcare business associate, HIPAA privacy requirements apply. Additionally, California's CMIA (Civil Code §56) imposes separate and often stricter privacy requirements.
Under HIPAA 45 CFR §164.520, every covered entity must provide residents with a written NPP that explains how their health information is used, what rights they have, and how to file a complaint. The NPP must be given to residents at admission and posted in the facility.
Residents have the right to: (1) access and copy their health records, (2) request corrections to their records, (3) receive an accounting of disclosures, (4) request restrictions on certain uses of their information, (5) request confidential communications, and (6) file a complaint with HHS or the facility.
The California Confidentiality of Medical Information Act (CMIA, Civil Code §56) protects residents' medical information and often exceeds HIPAA requirements. For example, California requires a 15-day breach notification to affected individuals (shorter than HIPAA's 60-day requirement). This policy covers both.
Under California CMIA, a covered entity must notify affected individuals within 15 days of discovering a breach of their medical information. HIPAA requires notification within 60 days. This policy includes the complete breach response procedure meeting the stricter California standard.