The California Attorney General provides a consumer guide regarding patient privacy rights – this guide includes various scenarios to help the individual/patient understand their specific rights.

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) provides a number of resources for understanding your rights under HIPAA.

What should I do if there is a violation or breach of my personal health information? Examples include:

• My health information was given out to someone without my permission
• My health record was released without my permission
• I received another person’s medical information

For any questions regarding the release of your health information – begin by contacting the organization that gave out your information or sent you someone else’s information so they can be made aware of the situation and correct it. If the issue is not corrected, you may be able to file a formal complaint with the organization.

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) is responsible for investigating all violations of health information. A complaint can be filed with them.

The Privacy Rule gives patients, with few exceptions, the right to inspect, review, and receive a copy of their medical records and billing records that are held by health plans and doctors/providers covered by the Privacy Rule.

Contact your provider – if your request is denied, it must be denied in writing.

You can also contact the HHS OCR to file a complaint.

Health information and other education related records retained by educational facilities is regulated by the Family Educational Rights and Privacy Act (FERPA). All questions related to privacy of this health information should be directed to:

• California Department of Education, Education Data Office – email: privacy@cde.ca.gov or phone: 916-319-0586
• U.S. Department of Education

The Privacy Rule does not require a health care provider or health plan to share information with your family or friends, unless they are your personal representatives.

However, the provider or plan can share your information with family or friends if:

• They are involved in your health care or payment for your health care,
• You tell the provider or plan that they can share your information,
• You do not object to sharing of the information, or
• If, using their professional judgment, a provider or plan believes that you do not object.

For more information and a brief video, visit:  http://www.hhs.gov/hipaa/for-individuals/family-members-friends/index.html.

What should I do if there is a violation or breach of one or more of my patient’s health information – examples include, but are not limited to:

• Health information is sent to the wrong patient or an unauthorized person or entity
• Computer systems or other electronic media is hacked, lost, or stolen and patient data is stolen or compromised

Resources for reporting the breach:

• Office for Civil Rights – Breach Notification
• California Attorney General – Data Security Breach Reporting

Refer to the Omnibus HIPAA Rulemaking for specifics on breach reporting requirements.

HHS OCR provides guidance materials for covered entities on the uses and disclosures of protected health information.

In addition, refer to the Patient Authorization Tool on this web page.

Refer to the following resources for the specific actions to be taken:

• SHIPM policy 2.1.4 – Breach and Breach Notification
• HHS OCR – Submitting Notice of a Breach to the Secretary
• California Department of Technology – Office of Information Security – SIMM 5340-A: Incident Reporting and Response Instructions
• California Attorney General – Data Security Breach Reporting

At the beginning of each calendar year, state entities that are covered entities or business associates must report ALL breaches to CalOHII and HHS OCR. Refer to the following resources for the specific actions to be taken:

• SHIPM policy 2.1.4 – Breach and Breach Notification and attachment SHIPM 2.4.1 CalOHII Annual Breach Reporting Form (DOC)
• HHS OCR – Submitting Notice of a Breach to the Secretary

The following information regarding the release of protected health information (PHI) during a state or federal “state of disaster or emergency”:

• CalOHII Memo – Release of PHI during State of Emergency – February 14, 2017
• CalOHII FAQ for PHI and Disasters
• HHS OCR – Emergency Situations: Preparedness, Planning and Response
• HHS Guidance on the release of information during a national or public health emergency
• Substance Abuse and Mental Health Services Administration (SAMSHA) regarding Part 2