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Patient Rights & Privacy Practices

You and your family are an important part of our health care team, and you play a vital role in making your care safe. It is important that you are aware of your rights and responsibilities. The following documents describe our policy on protecting our patients' privacy and your responsibilities as a patient.

• Patient Rights and Responsibilities
• Notice of Privacy Practice
• Notice of Privacy Practice - en Español

Health Information Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act (HIPAA) was signed into law in 1996 (Public Law 104-191). Title II, subsection "F" require processes and actions to adoption of standards for security, privacy and healthcare transactions. All employees of Children's Hospital of The King's Daughters Health System, including Children's Medical Group employees, have been educated about HIPAA.

HIPAA Frequently Asked Questions

Please contact your CMG practice office with additional questions.

1. What does HIPAA mean for me and my family?
   Answer:

   HIPAA provides the patient with many new rights in relation to their health care documentation, including the ability to:

   • review his/her entire medical record,
   • request changes within their medical documentation, which can be denied by physician(s) for specific reasons, and
   • request documentation of every time their Protected Health Information (PHI) was disclosed, along with the identification of the requestor, and how much was shared with the requestor.

   HIPAA also makes it mandatory for a health care organization (covered entity) to disclose their policies and procedures for security and privacy, and answer any legitimate requests.
2. When is the practice required to obtain my authorization to use and disclose protected health information?
   Answer:

   Health care providers must obtain an authorization for use and disclosure of PHI for the following:

   • uses and disclosures other than for treatment, payment, and health care operations
   • psychotherapy notes
   • marketing
3. What is the Notice of Privacy Practices?
   Answer:

   The Notice of Privacy Practices summarizes the ways in which our organization may use a patient's protected health information and inform patients of their respective rights. A copy of our Notice of Privacy Practices can be obtained at your provider's office and downloaded from our Web site:

   • Notice of Privacy Practice
   • Notice of Privacy Practice - en Español
4. Can the practice deny my child from treatment or services if I decline to sign any of the HIPAA forms?
   Answer:

   A covered entity cannot require an individual to execute an authorization as a condition of receiving healthcare treatment. However, the practice will document your refusal to do so for record-keeping.
5. Is a health care provider allowed to share medical information with another provider or insurance company?
   Answer:

   Yes. HIPAA allows the practice to share the patient's medical information for treatment or compensation purposes.
6. Will parents continue to have the right to see their child(ren)'s medical record?
   Answer:

   Yes, HIPAA rules continue to allow parents of minor children to have access to their medical records, as long as it is consistent with State and other governing law.
7. Does HIPAA provide guidelines for the display of medical record information in a public area?
   Answer:

   Yes. Practices customarily place medical records in boxes on office doors and work areas. The HIPAA Privacy rule permits a provider or staff to do so as long as it takes reasonable and appropriate safeguards to protect the patient's information and minimize incidental disclosures.
8. Can a practice or health care facility release information about a patient to anyone other than a parent or legal guardian of a patient?
   Answer:

   The facility may only indicate that the patient is present and not give any additional information. The facility or entity may not disclose information related to the patient's medical condition. Children's Hospital of The King's Daughters has specific safeguards in place to protect patient information. It is not easily accessible to those who are not patients or the parent or legal guardian of a patient.
9. Can my child's previous or current health care provider disclose my child's complete medical record to another provider?
   Answer:

   Yes, the HIPAA Privacy Rule requires a provider who is a covered entity to disclose complete medical records by another provider, assuming guidelines of the law are followed.
10. Is patient authorization required to use and/or disclose PHI for research?
    Answer:

    In general, a research participant or candidate must provide written authorization to use their PHI. Our practice will provide a form to sign if your child is identified and you agree to allow him or her to become a participant in a research project.
11. If I request to inspect or obtain a copy of my child's medical record, does the provider or facility have to immediately accommodate my request?
    Answer:

    No. Though we strive to provide timely distribution of the information requested, the practice must be given a reasonable time to accommodate your request in order to properly prepare your records.
12. Is the practice still allowed to use sign-in sheets or call out patient names?
    Answer:

    Yes, the practice may continue to use patient sign-in sheets or reference patients publicly by name. It is okay to keep these mechanisms in place as long as we do not publicly disclose the reason for your visit.
13. How can I obtain a copy of my child's medical record?
    Answer:

    You can request a copy of your child's medical record by contacting the office of your child's CMG provider. To expedite and allow for the approval of your request, you may print the Medical Records Release Form and fax or mail it to the respective CMG practice.

    • Medical Records Release Form
14. Can I request an amendment to my child's medical record?
    Answer:

    Yes, all requests for amendments to patient medical records must be in the form of a formal written letter addressed to the appropriate CMG practice.

Medical Records Retention and Destruction Policy

Children’s Medical Group practices located in Virginia retain medical records of minor children for six years after they reach 18 years of age. Adult records are kept for six years after the last date seen in the practice.

Children’s Medical Group practices located in North Carolina retain records of minor children for 10 years after they reach 18 years of age.

After the age limits are met the medical records are selected for destruction. Destruction is performed by HIPPA compliant destruction methods.

Please contact your CMG practice if you have questions regarding your child’s medical record.

For more information contact our Children's Health Line by phone at (757) 668-7500 or 800-395-2453 or by e-mail at healthline@chkd.org.