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To establish Los Angeles County Department of Mental Health (DMH) responsibilities for maintaining confidentiality of client information.
To assure all applicable County, State and Federal laws, rules and regulations pertaining to confidentiality are appropriately incorporated into DMH operations.
To assure all pertinent sources of information within the purview and responsibility of DMH are maintained and shared in accordance with all applicable confidentiality policies, regulations, and laws.
Contracted agencies shall develop an internal policy and associated procedures that are consistent with their organizational practices and meet the requirements set forth in this policy.
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DMH shall ensure and protect the privacy and confidentiality of all sources of client information in accordance with all applicable County, State and Federal laws, policies and procedures, including but not limited to:
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All information and records obtained in the course of providing services to voluntary and involuntary recipients of specified services, including mental health, community mental health, admissions and judicial commitments to mental institutions. (State of California Welfare and Institutions Code [WIC] Section 5328)
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All Protected Health Information (PHI) as specified in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). (HIPAA 45 CFR 160.103 and 164.500) Employees shall take personal responsibility to ensure they understand and use current and relevant confidentiality laws, regulations and guidelines as applicable to their job responsibilities and duties. For purposes of this policy, the term “employee” is used broadly and is defined to mean any permanent or temporary employee, temporary agency or locum tenens employee, persons employed under contract or purchase of service agreement, unpaid students, interns, volunteers and any other persons who represent the Department in the course of their work duties.
Confidentiality of client information shall be maintained in all formats, such as paper, electronic mail, computerized information systems, photographs, audio and video recordings communication with media and other verbal and non-verbal (gesturing, etc.) communication, in keeping with all applicable laws, regulations and procedures.
Confidentiality shall be assured without compromising applicable legal rights of access for information by any appropriate party, including employees, clients, family, professionals and agencies or other pertinent groups.
Each Program/Unit Manager shall be responsible for enforcing all confidentiality policies and regulations within his/her scope of responsibility.
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| V. ATTACHMENTS
DMH Policy No. 300.05, Providing Notification and Patient Information to Family Members
DMH Policy No. 303.01, Duty to Warn and Protect Third Parties in Response
to a Threat (Tarasoff Decision)
DMH Policy No. 303.02, Reporting Suspected Child Abuse and Neglect
DMH Policy No. 303.03, Reporting Suspected Elder/Dependent Adult Abuse and Neglect
DMH Policy No. 303.05, Reporting Clinical Events Involving Active Clients
DMH Policy No. 310.01, Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS) Clinical Documentation and Confidentiality
DMH No. 401.01, Legal Responsibility for Uniform Clinical Records
DMH Policy No. 501.01, Clients’ Rights to Access Protected Heath Information and confidential Data
DMH Policy No. 502.01, Privacy Practices Notice
DMH Policy No. 1200.05, Networked Information Systems Usage
DMH Policy No. 1400.01, Mental Health Research Review |
