Brain Injury Association of Virginia: Camp Bruce McCoy Confidentiality Policy
The confidentiality policy is outlined in this section. Scroll to the bottom of this page to sign and agree to this policy.
A. Confidential information is defined as any information not known to the general public. It is valuable and sensitive information and is protected by law and strict BIAV policies.
B. General Principles:
- All Employee and volunteers must adhere to BIAV’s confidentiality policy.
- BIAV’s confidentiality policy pertains to the use of all BIAV information in mediums including social media, television/radio, newsprint, publications, and other outside entities.
- All Employee and volunteers must sign confidentiality agreement upon employment or initiation of activities and annually; this obligation remains even after the employment relationship with BIAV ends.
- BIAV will rank requests for personal information according to the following guidelines:
- Must Share: Required to share under law, under a court order, by contract, or under specific written policy.
- Should Share: Information necessary to support the continuity of care, integrated case management, or quality services.
- Should Not Share: Information that is not relevant to the case, or not absolutely necessary to assist our clients and fulfill our job requirements.
- If a dispute arises between a person served and/or BIAV staff regarding the sharing of information, the Executive Director or designee should be consulted to resolve the dispute. If a dispute arises with another service provider regarding the release of information, the matter should be referred immediately to the Executive Director.
C. Consumer Information
- Employee or volunteers of the BIAV will not disclose personal information about its consumers to outside entities.
- When written permission is not feasible, verbal permission should be obtained and documented in the database.
- Written documentation should be stored in a manner so that it is not accessible to unauthorized personnel.
- In the event an employee or volunteer receives a subpoena to testify and/or release information about a consumer, the employee or volunteer must contact their direct supervisor and/or the Executive Director immediately. The executive director will respond to the subpoena and document disposition. When possible, the consumer will be notified in writing regarding the subpoena.
D. Employee or Volunteer Information:
- Information concerning employee or volunteers, including but not limited to compensation and benefits, addresses, credit, employment and medical history is considered confidential and must not be revealed to anyone, including other employee or volunteers, unless he/she is specifically authorized to have access to the information. Authorized access includes but is not limited to the Executive Director, Director of Operations, a direct supervisor and the Executive Committee. The Executive Director shall handle responses to requests for employment verification, recommendations and references. Responses to such requests shall be limited to providing only factual information about the employee or volunteer such as his/her position/title, dates of employment, and compensation.
- Employee or volunteers are expected to treat confidential information carefully; this obligation remains even after the employment or volunteer relationship with BIAV ends.
Confidentiality Statement of Agreement
As an employee or volunteer of the Brain Injury Association of Virginia, you may have access to confidential information, and the purpose of this agreement is to help you understand your duty to protect that information.
As an employee or volunteer, you are required to conduct yourself in strict conformance to BIAV policies governing confidential information, which includes consumer and/or member information, employee or volunteer information, financial information, other information relating to BIAV (e.g. Strategic plans, internal reports, memos, contracts, communications), and information proprietary to other companies or persons.
You may learn of or have access to some or all of this confidential information through a computer system or through your employment or volunteer activities. Your principal obligations in this area are explained below. You are required to read and to abide by these duties. The violation of any of these duties will subject you to discipline, which might include, but is not limited, to termination of relationship and to legal liability.
As an employee or volunteer, you understand you will have access to confidential information. Accordingly, as a condition of and in consideration of your access to such information, you promise that:
I will use confidential information only as needed to perform legitimate duties as an employee or volunteer affiliated with BIAV. This means, among other things, that I will only access confidential information for which I have the need to know; that I will in no way divulge confidential information except as properly authorized within the scope of activities affiliated with BIAV; and I will not misuse or carelessly attend to confidential information.
I understand that my obligations under this Agreement will continue after termination of my employment or volunteer relationship with BIAV. I understand that my privileges hereunder are subject to periodic review, revision and if appropriate, renewal.
I will be responsible for my misuse or wrongful disclosure of and failure to safeguard confidential information. I understand that failure to comply with the Agreement may also result in loss of employment or volunteer relationship at BIAV.