| It is the policy of the Los Angeles County Department of Mental Health (DMH) to mitigate, to the extent practicable, any harmful effects that arise out of the use or disclosure of Protected Health Information (PHI) by either members of its workforce or its business associates in violation of the Privacy Standards of the Health Insurance Portability and Accountability Act of 1996, 45 CFR Parts 160 and 164 (HIPAA Privacy Standards) or the hospital’s policies and procedures to implement HIPAA (HIPAA Policies).
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| Business Associate Contract means the contract language between DMH and its business associates that allows the business associate to create or receive PHI on behalf of DMH. The term “Business Associate Contract” includes both stand-alone contracts and amendments to existing services agreements, as well as Business Associate Contract language that is part of a new services agreement. A Business Associate Contract is not required for disclosures by DMH to a health care provider regarding an individual’s treatment. (See policy on HIPAA Business Associates)
Disclose means, with respect to PHI, the release of, transfer of, provision of access to, or divulging in any manner, PHI outside of DMH internal operations or to other than its workforce members.
Protected Health Information (PHI) means information that (i) is created or received by a health care provider, health plan, employer or health care clearinghouse; (ii) relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; and (iii) identifies the individual (or for which there is a reasonable basis for believing that the information can be used to identify the individual). PHI does not include employment records maintained by DMH personnel files in its role as employer.
Workforce Members means all full or part time paid staff, including students, interns and volunteers.
Use means, with respect to PHI, the sharing, employment, application, utilization, examination or analysis of such information within DMH internal operations.
Violation means behaviors demonstrating indifference or disregard of DMH Privacy-Related Policies or any of the provisions of HIPAA. The term “violation” does not include disclosures by whistleblowers or disclosures by workforce crime victims, as defined in the policy on Workforce Sanctions.
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