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Home Health Care: Everyone Needs to Sign a Confidentiality Agreement

Posted by Melissa Cott on Apr 11, 2017

image-confidentality.jpeIf you have staff accessing an electronic EMR system you need have to make sure each employee signs the home health forms: EMR Confidentality Form - also known as a Non-Disclosure Form.  A confidentiality or non-disclosure agreement is absolutely necessary for an Agency or any other party who needs to protect confidential and sensitive data - such as patient information. As the importance of the confidential information increases, so does the relative complexity of the Agreement. This page presents only the basic elements of a non-disclosure agreement. This sample contract does not contain the more complex elements that would be required in a larger agreement.

AS WITNESSED BY BOTH PARTIES:

download EMR confidentiality form

The employee has been issued a computer password or “key” that enables her/him to access the Agency’s information system. In consideration of mutual promises and agreements set forth, both employee and Agency agree to the following:

 1. Security and confidentiality.

a. The employee understands that s/he is responsible and accountable for maintaining the security and confidentiality of any and all information that is Agency-specific, including - but not limited to - patient care and relations, employee relations, administration and financial conditions and circumstances which s/he reads, hears, or becomes aware of in any manner in the course of her/his employment.
 
b. The employee understands that s/he is authorized to enter only data that has been certified as appropriate for entry into the Agency’s information system by a designated supervisory staff member.
 
2. Liability
a. The employee understands that the computer password issued to her/him is reserved for the exclusive use of the employee to which the password has been issued only, and transference of use of the computer password to any other party, entity, corporation, firm, company, or individual is strictly prohibited.
b. The employee understands that under the terms of this agreement, the Agency maintains the right to seek damages for any violation of confidence and security of any Agency information and data, and for the transference of the employee’s assigned password to any other entity.
 
 3. Termination of agreement.

This agreement shall be in effect for _______________ (months) from the date first written above. This agreement is automatically terminated in the event of the suspension or termination of employment, or the occurrence of any condition or circumstance that would legally, physically, or mentally prevent the employee from performing her/his job duties under this agreement.

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