PAP.5.8.100 Confidentiality

(a) In the course of performing duties for the LCO-CHC, employees may obtain or become aware of confidential information, such as personnel, financial and legal information of the LCO-CHC, its programs, operations, enterprises and employees, including but not limited to information encompassed in any reports, investigations, research or development work, mailing lists, bid lists, directories, listings, plans, specifications, proposals, marketing plans, financial projections, cost sheets, bid estimates, bid spreadsheets, vendor or subcontractor quotes, financial data and any and all concepts or ideas, materials or information related to the business, products, or services of the LCO-CHC or its customers and vendors ("Confidential Information").

(b) Employees must hold all Confidential Information in strict confidence and shall not directly or indirectly disclose Confidential Information or permit the release thereof to any outside person or entity except as necessary to perform employment duties or as otherwise required by law. If any question arises about whether information must be treated as confidential, employees must treat such information as confidential until confirmed otherwise by their department head or director, in consultation with the Office of the Attorney General.

(c) Employees also must not use or release, directly or indirectly, any proprietary information or trade secrets of the LCO-CHC without prior authorization from their department head or director, in consultation with the Office of the Attorney General. Trade secrets include any formula, pattern or devise of compilation of information which is used in the LCO-CHC's business or operations.

(1) Confidential Patient Information is subject to the Health Information Privacy and Portability Act (HIPAA) and consists of personal or household income, health, academic records, paternity, arrest records and court proceedings, except to the extent that such information is necessary to determine the client's eligibility for tribal services.

(2) Employee Information of a personal nature should also be maintained as confidential and includes personal or household income, health, academic records, previous criminal history, disciplinary actions and performance evaluations, except to the extent such information is necessary to determine and employee's or applicant's suitability for LCO- CHC employment.

(3) LCO-CHC Mailing Lists should be kept confidential, except to the extent such information is necessary for conducting LCO-CHC business. Violation of Federal confidentiality laws and approved LCO-CHC policies concerning confidentiality may be cause for disciplinary action up to including dismissal.

(d) Violations of confidentiality, including the disclosure of confidential information (verbal, written or documents) as defined under this section shall be subject to discipline, up to and including termination. The LCO-CHC reserves the right to prosecute any violations to fullest extent allowed under tribal, state or federal law.