You
may download this Notice
of Information Practices in
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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.
Understanding
Your Home Health Care Record Information
Each time you
visit a hospital, a physician, or
another health care provider, the
provider makes a record of your
visit. Typically, this record contains
your health history, current symptoms,
examination and test results, diagnoses,
treatment, and plan for future care
or treatment. This information,
often referred to as your medical
record, serves as the following:
- Basis for
planning your care and treatment.
- Means of communication
among the many health professionals
who contribute to your care.
- Legal document
describing the care that you received.
- Means by which
you or a third-party payer can
verify that you actually received
the services billed for.
- Tool in medical
education.
- Source of
information for public health
officials charged with improving
the health of the regions they
serve.
- Tool to assess
the appropriateness and quality
of care that you received.
- Tool to improve
the quality of health care and
achieve better patient outcomes.
Understanding
what is in your health records and
how your health information is used
helps you to:
- Ensure its
accuracy and completeness.
- Understand
who, what, where, why, and how
others may access your health
information.
- Make informed
decisions about authorizing disclosure
to others.
- Better
understand the health information
rights detailed below.
Your
Rights under the Federal Privacy
Standard
Although
your health records are the physical
property of the health care provider
who completed it, you have the following
rights with regard to the information
contained therein:
- Request
restriction on uses and disclosures
of your health information for
treatment, payment, and health
care operations. "Health
care operations" consist
of activities that are necessary
to carry out the operations of
the provider, such as quality
assurance and peer review. The
right to request restriction does
not extend to uses or disclosures
permitted or required under the
following sections of the federal
privacy regulations: § 164.502(a)(2)(i)
(disclosures to you), 164.510(a)
(for facility directories, but
note that you have the right to
object to such uses), or 164.512
(uses and disclosures not requiring
a consent or an authorization).
The latter uses and disclosures
include, for example, those required
by law, such as mandatory communicable
disease reporting. In those cases,
you do not have a right to request
restriction. The consent to use
and disclose your individually
identifiable health information
provides the ability to request
restriction. We do not, however,
have to agree to the restriction.
If we do, we will adhere to it
unless you request otherwise or
we give you advance notice. You
may also ask us to communicate
with you by alternate means, and
if the method of communication
is reasonable, we must grant the
alternate communication request.
You may request restriction or
alternate communications on the
consent form for treatment, payment,
and health care operations.
- Obtain
a copy of this notice of information
practices. Although we have posted
a copy in on our website, you
have a right to a hard copy upon
request.
- Inspect
and copy your health information
upon request. Again, this right
is not absolute. In certain situations,
such as if access would cause
harm, we can deny access. You
do not have a right of access
to the following:
- Psychotherapy
notes. Such notes consist of those
notes that are recorded in any
medium by a health care provider
who is a mental health professional
documenting or analyzing a conversation
during a private, group, joint,
or family counseling session and
that are separated from the rest
of your medical record.
- Information
compiled in reasonable anticipation
of or for use in civil, criminal,
or administrative actions or proceedings.
- Protected
health information ("PHI")
that is subject to the Clinical
Laboratory Improvement Amendments
of 1988 ("CLIA"), 42
U.S.C. § 263a, to the extent
that giving you access would be
prohibited by law.
- Information
that was obtained from someone
other than a health care provider
under a promise of confidentiality
and the requested access would
be reasonably likely to reveal
the source of the information.
In
other situations, we may deny you
access, but if we do, we must provide
you a review of our decision denying
access. These "reviewable"
grounds for denial include the following:
- A licensed
healthcare professional, such
as your attending physician, has
determined, in the exercise of
professional judgment, that the
access is reasonably likely to
endanger the life or physical
safety of yourself or another
person.
- PHI makes
reference to another person (other
than a health care provider) and
a licensed health care provider
has determined, in the exercise
of professional judgment, that
the access is reasonably likely
to cause substantial harm to such
other person.
- The request
is made by your personal representative
and a licensed health care professional
has determined, in the exercise
of professional judgment, that
giving access to such personal
representative is reasonably likely
to cause substantial harm to you
or another person.
For these reviewable
grounds, another licensed professional
must review the decision of the
provider denying access within 60
days. If we deny you access, we
will explain why and what your rights
are, including how to seek review.
If we grant access,
we will tell you what, if anything,
you have to do to get access. We
reserve the right to charge a reasonable,
cost-based fee for making copies.
- Request amendment/correction
of your health information. We
do not have to grant the request
if the following conditions exist:
- We did not
create the record. If, as in the
case of a consultation report
from another provider, we did
not create the record, we cannot
know whether it is accurate or
not. Thus, in such cases, you
must seek amendment/correction
from the party creating the record.
If the party amends or corrects
the record, we will put the corrected
record into our records.
- The records
are not available to you as discussed
immediately above.
- The
record is accurate and complete.
If we deny your
request for amendment/correction,
we will notify you why, how you
can attach a statement of disagreement
to your records (which we may rebut),
and how you can complain. If we
grant the request, we will make
the correction and distribute the
correction to those who need it
and those whom you identify to us
that you want to receive the corrected
information.
- Obtain an
accounting of nonroutine uses
and disclosures, those other than
for treatment, payment, and health
care operations. We do not need
to provide an accounting for the
following disclosures:
- To you for
disclosures of protected health
information to you.
- For the facility
directory or to persons involved
in your care or for other notification
purposes as provided in §
164.510 of the federal privacy
regulations (uses and disclosures
requiring an opportunity for the
individual to agree or to object,
including notification to family
members, personal representatives,
or other persons responsible for
your care, of the your location,
general condition, or death).
- For national
security or intelligence purposes
under § 164.512(k)(2) of
the federal privacy regulations
(disclosures not requiring consent,
authorization, or an opportunity
to object).
- To correctional
institutions or law enforcement
officials under § 164.512(k)(5)
of the federal privacy regulations
(disclosures not requiring consent,
authorization, or an opportunity
to object).
- That occurred
before April 14, 2003.
We must provide the accounting within
60 days. The accounting must include
the following information:
- Date of each
disclosure.
Name and address of the organization
or person who received the protected
health information.
- Brief description
of the information disclosed.
- Brief statement
of the purpose of the disclosure
that reasonably informs you of
the basis for the disclosure or,
in lieu of such statement, a copy
of your written authorization
or a copy of the written request
for disclosure.
The first accounting
in any 12-month period is free.
Thereafter, we reserve the right
to charge a reasonable, cost-based
fee.
- Revoke your
consent or authorization to use
or disclose health information
except to the extent that we have
taken action in reliance on the
consent or authorization.
Our Responsibilities under the Federal
Privacy Standard
In addition to
providing you your rights, as detailed
above, the federal privacy standard
requires us to take the following
measures:
- Maintain the
privacy of your health information,
including implementing reasonable
and appropriate physical, administrative,
and technical safeguards to protect
the information.
- Provide you
this notice as to our legal duties
and privacy practices with respect
to individually identifiable health
information that we collect and
maintain about you.
- Abide by the
terms of this notice.
- Train our
personnel concerning privacy and
confidentiality.
- Implement
a sanction policy to discipline
those who breach privacy/ confidentiality
or our policies with regard thereto.
- Mitigate (lessen
the harm of) any breach of privacy/confidentiality
We will not use or disclose your
health information without your
consent or authorization, except
as described in this notice or otherwise
required by law.
How to
Get More Information or to Report
a Problem
If you have questions
and/or would like additional information,
you may contact the Administrator
at 1(888)566-1406.
Disclosures
for Treatment, Payment, and Health
Operations
If
you give us consent, we will use
your health information for treatment.
Example: A physician, a physician's
assistant, a therapist or a counselor,
a nurse, or another member of your
health care team will record information
in your record to diagnose your
condition and determine the best
course of treatment for you. The
primary caregiver will give treatment
orders and document what he or she
expects other members of the health
care team to do to treat you. Those
other members will then document
the actions they took and their
observations. In that way, the primary
caregiver will know how you are
responding to treatment. We will
also provide your physician, other
health care professionals, or a
subsequent health care provider
copies of your records to assist
them in treating you once we are
no longer treating you. Additionally,
to assist the nurses providing services
in your home, a portion of you record
will be kept in your home. This
record will be reviewed and thinned
by a Home Health Specialists supervisor
on a monthly basis. The thinned
documents will be delivered to Home
Health Specialists by the supervisor
and they will be incorporated into
you permanent record maintained
on the premises of Home Health Specialists.
If
you give us consent, we will use
your health information for payment.
Example: We may send a bill to you
or to a third-party payer, such
as a health insurer. The information
on or accompanying the bill may
include information that identifies
you, your diagnosis, treatment received,
and supplies used.
If
you give us consent, we will use
your health information for health
operations.
Example: Members of the medical
staff and/or members of the quality
assurance team may use information
in your health record to assess
the care and outcomes in your cases
and the competence of the caregivers.
We will use this information in
an effort to continually improve
the quality and effectiveness of
the health care and services that
we provide.
Marketing
and Continuity of Care:
We may contact you to provide appointment
reminders or information about treatment
alternatives or other health-related
benefits and services that may be
of interest to you.
Business
Associates: We provide
some services through contracts
with business associates. Examples
include certain diagnostic tests,
a copy service to make copies of
medical records, and the like. When
we use these services, we may disclose
your health information to the business
associates so that they can perform
the function(s) that we have contracted
with them to do and bill you or
your third-party payer for services
provided. To protect your health
information, however, we require
the business associates to appropriately
safeguard your information.
Notification:
We may use or disclose information
to notify or assist in notifying
a family member, a personal representative,
or another person responsible for
your care, your location, and general
condition.
Communication
with family: Unless
you object, health professionals,
using their best judgment, may disclose
to a family member, another relative,
a close personal friend, or any
other person that you identify health
information relevant to that person's
involvement in your care or payment
related to your care.
Fund
raising: We may
contact you as a part of a fund-raising
effort. You have the right to request
not to receive subsequent fund-raising
materials.
Funeral
Directors: We may
provide health information to funeral
directors consistent with applicable
law to enable them to carry out
their duties.
Food
and Drug Administration ("FDA"):
We may disclose to the FDA health
information relative to adverse
effects/events with respect to food,
drugs, supplements, product or product
defects, or post marketing surveillance
information to enable product recalls,
repairs, or replacement.
Workers
compensation: We
may disclose health information
to the extent authorized by and
to the extent necessary to comply
with laws relating to workers compensation
or other similar programs established
by law.
Public
health: As required
by law, we may disclose your health
information to public health or
legal authorities charged with preventing
or controlling disease, injury,
or disability.
Law
enforcement: We
may disclose health information
for law enforcement purposes as
required by law or in response to
a valid subpoena.
Health
oversight agencies and public health
authorities: If
a member of our work force or a
business associate believes in good
faith that we have engaged in unlawful
conduct or otherwise violated professional
or clinical standards and are potentially
endangering one or more patients,
workers, or the public, they may
disclose your health information
to health oversight agencies and/or
public health authorities, such
as the department of health.
The
federal Department of Health and
Human Services ("DHHS"):
Under the privacy
standards, we must disclose your
health information to DHHS as necessary
to determine our compliance with
those standards.
WE RESERVE THE
RIGHT TO CHANGE OUR PRACTICES AND
TO MAKE THE NEW PROVISIONS EFFECTIVE
FOR ALL INDIVIDUALLY IDENTIFIABLE
HEALTH INFORMATION THAT WE MAINTAIN.
IF WE CHANGE OUR INFORMATION PRACTICES,
WE WILL MAIL A REVISED NOTICE TO
THE ADDRESS THAT YOU HAVE GIVEN
US.
Effective date:
April 1, 2003
Edward J. Raiburn
President & CEO |