Notice of Information Practices
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 Health Record/Information
Each
time you visit an adult care home, a record of your visit is made.
Typically, this record contains your symptoms, examination and test
results, diagnoses, treatment, and a plan for future care or treatment.
This information, often referred to as your health or medical record,
serves as a:
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 you received
Means by which you or a third-party payer can verify that services billed were actually provided
A tool in educating health professionals
A source of data for medical research
A source of information for public health officials who oversee the delivery of health care in the United States
A source of data for facility planning and marketing
A tool with which we can assess and continually work to improve the care we render and the outcomes we achieve
Understanding
what is in your record and how your health information is used helps
you to: ensure its accuracy, better understand who, what, when, where,
and why others may access your health information, and make more
informed decisions when authorizing disclosure to others.
Our Responsibilities
Our adult care home is required to:
Maintain the privacy of your health information
Provide you with a notice as to our legal duties and privacy practices
with respect to information we collect and maintain about you
Abide by the terms of this notice
Notify you if we are unable to agree to a requested restriction
Accommodate reasonable requests you may have to communicate health
information by alternative means or at alternative locations.
We
reserve the right to change our practices and to make the new
provisions effective for all protected health information we maintain.
Should our information practices change, we will mail you a revised
notice.
We will not use or disclose your health information without your authorization, except as described in this notice.
How We Will Use or Disclose Your Health Information
(1)
Treatment. We will use your health information for treatment. For
example, information obtained by a nurse, physician, or other member of
your healthcare team will be recorded in your record and used to
determine the course of treatment that should work best for you. Your
physician will document in your record his or her expectations of the
members of your healthcare team. Members of your healthcare team will
then record the actions they took and their observations. In that way,
the physician will know how you are responding to treatment. We will
also provide your physician or a subsequent healthcare provider with
copies of various reports that should assist him or her in treating you
once you're discharged from our adult care home.
(2) Payment.
We will use your health information for payment. For example, a bill
may be sent to you or a third-party payer, including Medicare or
Medicaid. The information on or accompanying the bill may include
information that identifies you, as well as your diagnosis, procedures,
and supplies used.
(3) Health care operations. We will use
your health information for regular health operations. For example,
members of the medical staff, the risk or quality improvement manager,
or members of the quality improvement team may use information in your
health record to assess the care and outcomes in your case and others
like it. This information will then be used in an effort to continually
improve the quality and effectiveness of the health care and service we
provide.
(4) Business associates. There are some services
provided in our organization through contacts with business associates.
Examples include our accountants, consultants and attorneys. When these
services are contracted, we may disclose your health information to our
business associate so that they can perform the job we've asked them to
do. To protect your health information, however, we require the
business associates to appropriately safeguard your information.
(5)
Directory. Unless you notify us that you object, we may use your name,
location in the adult care home, general condition, and religious
affiliation for directory purposes. This information may be provided to
members of the clergy and, except for religious affiliation, to other
people who ask for you by name. We may also use your name on a name
plate next to or on your door in order to identify your room, unless
you notify us that you object.
(6) Notification. We may use
or disclose information to notify or assist in notifying a family
member, personal representative, or another person responsible for your
care, of your location, and general condition. If we are unable to
reach your family member or personal representative, then we may leave
a message for them at the phone number that they have provided us,
e.g., on an answering machine.
(7) Communication with family.
Health professionals, using their best judgment, may disclose to a
family member, other relative, close personal friend or any other
person you identify, health information relevant to that person's
involvement in your care or payment related to your care.
(8)
Research. We may disclose information to researchers when their
research has been approved by an institutional review board that has
reviewed the research proposal and established protocols to ensure the
privacy of your health information.
(9) Funeral directors.
We may disclose health information to funeral directors and coroners to
carry out their duties consistent with applicable law.
(10)
Organ procurement organizations. Consistent with applicable law, we
may disclose health information to organ procurement organizations or
other entities engaged in the procurement, banking, or transplantation
of organs for the purpose of tissue donation and transplant.
(11)
Marketing. 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.
(12) Fund raising. We may contact you as part of a fund-raising effort.
(13)
Food and Drug Administration (FDA). We may disclose to the FDA health
information relative to adverse events with respect to food,
supplements, product and product defects, or post marketing
surveillance information to enable product recalls, repairs, or
replacement.
(14) 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.
(15) 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.
(16) Correctional
institution. Should you be an inmate of a correctional institution, we
may disclose to the institution or agents thereof health information
necessary for your health and the health and safety of other
individuals.
(17) Law enforcement. We may disclose health
information for law enforcement purposes as required by law or in
response to a valid subpoena.
(18) Reports. Federal law makes
provision for your health information to be released to an appropriate
health oversight agency, public health authority or attorney, provided
that a work force member or business associate believes in good faith
that we have engaged in unlawful conduct or have otherwise violated
professional or clinical standards and are potentially endangering one
or more patients, workers or the public.
Your Health Information Rights
Although
your health record is the physical property of the adult care home, the
information in your health record belongs to you. You have the
following rights:
You may request that we not use or
disclose your health information for a particular reason related to
treatment, payment, the adult care home's general health care
operations, and/or to a particular family member, other relative or
close personal friend. We ask that such requests be made in writing on
a form provided by our adult care home. For more information about this
right, see 45 Code of Federal Regulations (C.F.R.) §164.522(a).
If you are dissatisfied with the manner in which or the location where
you are receiving communications from us that are related to your
health information, you may request that we provide you with such
information by alternative means or at alternative locations. Such a
request must be made in writing, and submitted to the Administrator.
We will attempt to accommodate all reasonable requests. For more
information about this right, see 45 C.F.R. § 164.522(b).
You may request to inspect and/or obtain copies of health information
about you, which will be provided to you in the time frames established
by law. You may make such requests orally or in writing; however, in
order to better respond to your request we ask that you make such
requests in writing on our facility's standard form. If you request to
have copies made, we will charge you a reasonable fee. For more
information about this right, see C.F.R. § 164.524.
If you
believe that any health information in your record is incorrect or if
you believe that important information is missing, you may request that
we correct the existing information or add the missing information.
Such requests must be made in writing, and must provide a reason to
support the amendment. We ask that you use the form provided by our
adult care home to make such requests. For a request form, please
contact the Administrator or the Privacy Officer. For more information
about this right, see 45 C.F.R. § 164.526.
You may request
that we provide you with a written accounting of all disclosures made
by us during the time period for which you request (not to exceed 6
years). We ask that such requests be made in writing on a form provided
by our adult care home. Please note that an accounting will not apply
to any of the following types of disclosures: disclosures made for
reasons of treatment, payment or health care operations; disclosures
made to you or your legal representative, or any other individual
involved with your care; disclosure to correctional institutions or law
enforcement officials; and disclosures for national security purposes.
You will not be charged for your first accounting request in any 12
month period. However, for any requests that you make thereafter, you
will be charged a reasonable, cost-based fee. For more information
about this right, see 45 C.F.R. §164.528.
You have the right to obtain a paper copy of our Notice of Information Practices upon request.
You may revoke an authorization to use or disclose health information,
except to the extent that action has already been taken. Such a request
must be made in writing.
For More Information or to Report a Problem
If
you have questions and would like additional information, you may
contact our adult care home's Administrator or the Privacy Officer at
785-272-1535.
If you believe that your privacy rights have been
violated, you may file a complaint with us. These complaints must be
filed in writing on a form provided by our adult care home. The
complaint form may be obtained from the Administrator, and when
completed should be returned to the Administrator or the Privacy
Officer. You may also file a complaint with the secretary of the
federal Department of Health and Human Services. There will be no
retaliation for filing a complaint.
Effective Date: 3/24/03