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Alternatives For Children respects the need for confidentiality as related to each child’s personal information and conforms to the following regulations: Federal Family Educational Rights and Privacy Act (FERPA) Individuals with Disabilities Education Act (IDEA) Title II-A Article 25 of PHL and 10 NYCRR69-4 Medicaid Regulations.
Alternatives For Children will not disclose personally identifiable data, information or records pertaining to a child to any person other than those authorized by law. Alternatives For Children has adopted procedures to preserve the confidentiality of records of children in the Early Intervention Program.
Confidentiality is the preservation of private information that is disclosed in the course of conducting business. Confidentiality is an ethical obligation of the professional and necessary for effective service delivery.
Confidential information is defined as a fact or condition pertaining to a person’s private life which is typically unseen by others. It also includes personally identifiable (PI) information. Confidential information cannot be disclosed or used to further one’s own personal interest.
Personally identifiable (PI) information includes:
Any personal characteristics that would make it possible to identify the child.
Use of PI information is limited to the extent necessary for the provision and administration of services. PI information will not be released or made available to unauthorized persons.
The disclosure or exchange of sensitive information is only allowable if it is necessary for the provision of services to the child/family by the receiving party. Sensitive information must be protected and cannot be disclosed without expressed written consent, it includes information concerning:
Communicable disease status / HIV
Note: Information relating to those applying or receiving Medicaid is considered confidential; disclosure of such information is necessary for the proper administration of public assistance programs.
Collaboration among team members is necessary for therapeutic result. Information will be shared or exchanged with other authorized professionals (those involved in the delivery and oversight of services). The extent of the exchange will be relevant to the discussion and limited to the task/matter at hand. Information will be shared on a need to know basis.
Alternatives For Children adopted a mandatory Compliance Program based upon OMIGs 521 regulatory requirement. Alternatives For Children’s Compliance Training has addressed items such as ethics and confidentiality. All officers, employees and agents are required to receive training and complete the Acknowledgement of Receipt of the Plan. The forms are kept on file in Human Resources.
In addition, upon hire, employees receive a handbook which discusses confidentiality and includes a confidentiality statement which employees are to sign.
Each year, Alternatives For Children is required to notify parents of their rights under the Family Educational Rights and Privacy Act regulations (FERPA) to:
Inspect and review the student’s educational records
Seek amendment to the student’s educational records that the parent believes to be inaccurate, misleading or otherwise in violation of the student’s privacy rights
Consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that the act and §99.31 authorize disclosure without consent and
File with the department a complaint under §§99.63 and 99.64 concerning alleged failures by the educational agency to comply with the requirements of the act and this part.
Alternatives For Children will comply with a request for access to records within 45 days of a received request and respond to reasonable requests for explanations and interpretations of records. If circumstances prevent a parent from inspecting or reviewing the student’s record, Alternatives For Children will provide the parent with a copy of the records requested (for a nominal fee) or make arrangements for the parent to review the record. Alternatives For Children will not destroy any education records if there is an outstanding request to inspect and review the records.
If a parent believes the education records relating to the student contain information that is inaccurate, misleading or in violation of the student’s rights of privacy, he or she may ask Alternatives For Children to amend the record. Alternatives For Children will decide whether to amend the record within a reasonable time after the request is received. If Alternatives For Children decides not to amend the record as requested, it will inform the parents of the decision as his or her right to a hearing under §99.21.