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HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT (HIPAA)
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NOTE: For HIPAA Specific Information as it relates to the Divisions of Alcohol and Drug Abuse, Mental Health and the Human Services Center, please link to: dss.sd.gov..

No issue is more sensitive for people than keeping their personal health information private. That is one of the reasons the Health Insurance Portability and Accountability Act (HIPAA) became federal law. Learn more about the law and how it is impacting South Dakotan's, government agencies, health providers, and others.

Three areas of HIPAA affect DHS:

While DHS has long been committed to protecting client/patient confidentiality, HIPAA provides an opportunity to improve procedures and coordinate policies across the department.

 

Hipaa policies

 

Notice of Privacy Practices

South Dakota Department of Human Services

Effective Date: April 14, 2003

NOTICE OF PRIVACY PRACTICES

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

PLEASE REVIEW IT CAREFULLY!

We are required to provide you with this Notice of Privacy Practices and to explain our legal duties under the federal Health Insurance Portability and Accountability Act (HIPAA).

We are required by law to maintain the privacy of medical information about you. We call this information "protected health information" or PHI. We are required to give you notice of our privacy practices about your PHI and required to follow the terms of the notice currently in effect.

This Notice of Privacy Practices will tell you how we may use or disclose information about you. Not all situations will be described.

In the future we may change the Notice of Privacy Practices. Any changes will apply to information we already have and any information we receive in the future. A copy of the new notice will be posted at each DHS site and facility and provided to individuals as required by law. You may request a copy of the current notice at anytime by contacting a DHS division or facility or get it on line at www.dhs.sd.gov.

We May Use and Disclose PHI about You without Your Authorization


Other Ways We Might Use or Disclose PHI about You without Your Authorization


We May Use and Disclose PHI about You without Your Authorization Unless You Object


Other Uses and Disclosures Require Your Written Authorization


Your PHI Privacy Rights


Contact Us to Review, Correct, or Limit Your PHI

You may contact us to:


We may deny your request to look at, copy or change your PHI. If we do deny your request, we will send you a letter that tells you why your request is being denied and how you can ask for a review of the denial. You will also receive information about how to file a complaint.

How to Contact Us

 

For services provided by the South Dakota Developmental Center contact:

South Dakota Developmental Center
ATTN: HIPAA Privacy Contact
17267 3rd St. W
Redfield, SD 57469-1001
Phone: (605) 472-2400
Fax: (605) 472-4216
Email: infosddc@dhs-rf.state.sd.us


 

For services provided by one of the following divisions: Developmental Disabilities, Rehabilitation Services, or Service to the Blind and Visually Impaired contact:

Department of Human Services
ATTN: HIPAA Privacy Office
Hillsview Plaza, East Hwy. 34
c/o 500 E. Capitol
Pierre, SD 57501-5070
Phone: (800) 265-9684
TTY: (605) 773-5990
Fax: (605) 773-5483
Email: infodhs@state.sd.us

How to File a Complaint or Report a Problem

You may contact those listed above if you want to file a complaint or to report a problem with how we have used or disclosed your PHI. Your services will not be affected by any complaints you make. We cannot retaliate against you for filing a complaint, cooperating in an investigation, or refusing to agree to something that you believe to be unlawful.


 

You may also file a complaint with the US Department of Health and Human Services, Office of Civil Rights by contacting:

Region VIII, Office of Civil Rights

Department of Health and Human Services
999 18th St, STE 417
Denver, CO 80202
Voice Phone: (303) 844-2024
TDD: (303) 844-3439
Fax: (303) 844-2025

 

 

DHS Privacy Forms


Nine new forms have been developed as part of the HIPAA implementation process.

These forms give a person a variety of ways to specify their privacy requests and cover other HIPAA requirements.

Down load HIPAA Privacy Glossary in PDF Format.

Form Number
Form Name
DHS 2091 PDF Privacy Program Statement of Understanding
DHS 2092 PDF DHS Notice of Privacy Practices, Acknowledgment of Receipt
DHS 2093 PDF Access to Records Request Form
DHS 2094 PDF Amendment of Health Record Request Form
DHS 2095 PDF Restriction of Use and Disclosures Request Form
DHS 2096 PDF Accounting of Disclosures Request Form
DHS 2097 PDF Disclosures of Protected Health Information
DHS 2098 PDF Safeguard Assessment Tool
DHS 2099 PDF Guidance for Admin Tech Physical Safeguard for PHI

 

 

 

HIPAA Links


Federal government sources:

Centers for Medicare and Medicaid Services. This page describes how HIPAA affects the CMS. Note: CMS used to be called the Health Care Financing Administration.

U.S. Health and Human Services, Adminstrative Simplification Web Site. Here you can find HHS fact sheets, frequently asked questions, and more.

U.S. Health and Human Services, Office for Civil Rights. This group is responsible for the privacy regulations. This site includes links to the August 14, 2002 Federal Register and the final revised privacy rules.