Effective Date: April 14, 2003
NOTICE OF PRIVACY 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.
Protected
health information means any health information about you that identifies
you or for which there is a reasonable basis to believe the information
can be used to identify you. In this notice, we refer to all of
that protected health information as medical information. This notice
will inform you about how we may use and disclose your medical information.
This notice will also inform you about your rights and our duties
with respect to your medical information and how to complain to
us if you believe we have violated your privacy rights.
Home
Health Care Management, and its affiliated agencies,is required
by law to maintain the privacy of your medical information, provide
you with information about your individual rights and to abide by
the terms of this notice.
Home Health Care Management, and its affiliated
agencies, reserves the right to change this notice at any time.
Any change in the terms of this notice will be effective for all
medical information that we are maintaining at that time. If any
change is made to this notice, Home Health Care Management, and
its affiliated agencies, will provide you with a written revised
notice upon request or upon our next visit.
When you receive this notice and each time you
receive a revised or changed copy of this notice, please sign the
Acknowledgment in the Admission/Service Agreement or on the last
page of this notice and return it to the privacy officer at the
address listed below or to your case manager.
CONTACT INFORMATION - QUESTIONS, COMMENTS OR REQUESTS
If you have any questions about this notice, or
to obtain a copy of this notice, please contact our privacy officer,
Lucille D. Gough, Home Health Care Management, and its affiliated
agencies, 1170 Berkshire Boulevard, Wyomissing, Pennsylvania 19610;
(610) 378-0481.
A.
HOW WE MAY USE AND DISCLOSE YOUR MEDICAL INFORMATION
We
may use or disclose your medical information as necessary for purposes
of treatment, payment, and health care operations. We have provided
examples for the types of uses and disclosures listed below. Not
every use in the following categories will be listed. However, all
of the ways in which we are permitted to use and disclose your medical
information will fall within one of the categories listed in this
notice.
1.
Treatment. We may use your medical information to provide,
coordinate or manage your health care and related services provided
by us as well as other health care providers. We may disclose medical
information about you to doctors, nurses, hospitals and other health
facilities who are involved in your care. We may consult with other
health care providers concerning your care and, as part of the consultation,
share your medical information with them.
2.
Payment. We may use and disclose medical information about
you so we can be paid for the services we provide to you. This can
include billing you, your insurance company or a third party payor.
For example, we may need to give your insurance company information
about the health care services we provide to you so your insurance
company will pay us for those services or reimburse you for amounts
you have paid. We also may need to provide your insurance company
or a government program, such as Medicare or Medicaid, with information
about your medical condition and the health care you need to receive
to determine if you are covered by that insurance or program.
3.
Health Care Operations. We may use and disclose medical
information about you for our own health care operations. These
are necessary for us to operate Home Health Care Management, and
its affiliated agencies, and to maintain quality health care for
our clients. For example, we may use medical information about you
to review the services we provide and the performance of our employees
in caring for you. We may disclose medical information about you
to train our staff, volunteers and students working in Home Health
Care Management, and its affiliated agencies. We also may use the
information to study ways to more efficiently manage our organization.
B.
USES OR DISCLOSURES FOR WHICH AUTHORIZATION IS NOT REQUIRED
In
addition to the use and disclosure of your medical information for
treatment, payment and health care operations, we may also use and
disclose your medical information for other purposes:
1.
Appointment/Visit Reminders. Unless you tell us otherwise
in writing, we may contact you by either telephone or by mail at
either your home or your workplace to remind you or schedule visits
or appointments. At either location, we may leave messages for you
on the answering machine or voice mail.
2.
Treatment Alternatives. We may use and disclose medical
information to recommend or inform you about possible treatment
options or alternatives that may be of interest to you.
3.
Health-Related Benefits and Services. We may disclose your
medical information to inform you about health-related benefits
or services that may be of interest to you.
4.
Fundraising. We may use your name and address to contact
you to raise funds for Home Health Care Management, and its affiliated
agencies. If you do not want Home Health Care Management, and its
affiliated agencies, to contact you for fundraising, you must notify
the privacy officer in writing at the address indicated on the first
page of this notice. Home Health Care Management, and its affiliated
agencies, will not share your medical information with anyone else
for another entity's fundraising purposes.
5. Client listing. Unless you object, we will include
certain limited information about you in our internal client listing.
This information may include your name, your location, your general
condition and your religious affiliation. We may release information
in our listing, except for your religious affiliation, to people
who ask for you by name. We may provide the listing information,
including your religious affiliation, to any member of the clergy.
6.
Individuals Involved in Your Care. We may disclose to a
family member, other relative, a close personal friend, or any other
person identified by you, your medical information that is directly
relevant to that person's involvement with your care or payment
related to your care. We may also disclose your medical information
to notify or to assist in the notification of a family member, your
personal representative or other person responsible for your care
of your location, general condition or death. If there is a family
member, other relative, or close personal friend to whom you not
want us to disclose your medical information, please notify your
case manager or our privacy officer.
7.
Business Associates. We may disclose medical information
to "business associates" who provide contracted services
for Home Health Care Management, and its affiliated agencies, such
as accounting, legal representation, claims processing, consulting
and claims auditing. If we disclose medical information to a business
associate, we will do so subject to a contract that provides that
the information will be kept confidential.
8.
Disaster Relief. We may use or disclose your medical information
to a public or private entity authorized by law or by its charter
to assist in disaster relief efforts.
9.
Required by Law. We may use or disclose your medical information
when we are required to do so by law.
10.
Public Health Activities. We may disclose your medical
information for public health activities and purposes. This includes
reporting medical information to a public health authority that
is authorized by law to collect or receive the information for purposes
of preventing or controlling disease.
11.
Health Oversight Activities. We may disclose your medical
information to a health oversight agency for oversight activities
authorized by law. These may include: audits, investigations, inspections
and licensure actions or other legal proceedings. These activities
are necessary for government oversight and licensure actions or
other legal proceedings as well as for government oversight of the
health care system, government payment or regulatory programs, and
compliance with civil rights laws.
12.
Victims of Abuse, Neglect or Domestic Violence. We may
disclose your medical information to a government authority authorized
by law to receive reports of abuse, neglect, or domestic violence,
if we believe you are a victim of abuse, neglect, or domestic violence.
We will only make this disclosure if we are required or authorized
to do so by law or if you agree to such disclosure.
13.
Judicial and Administrative Proceedings. We may disclose
your medical information in response to a subpoena, court order,
or other legal process but only if efforts have been made to tell
you about the request or to obtain an order protecting the information
to be disclosed. In the event that Pennsylvania laws afford greater
protection with respect to the disclosure of your medical information,
we will follow Pennsylvania law.
14.
Disclosures for Law Enforcement Purposes. We may disclose
your medical information to a law enforcement official for law enforcement
purposes: such as responding to a subpoena or court order. Also,
for example, to notify authorities of a criminal act. In the event
that Pennsylvania laws afford greater protection with respect to
the disclosure of your medical information, we will follow Pennsylvania
law.
15.
Coroners, Medical Examiners, Organ Procurement Organizations.
We may disclose your medical information to a coroner, medical examiner
or, if you are an organ donor, to an organization involved in the
donation of organs and tissue.
16.
Funeral Directors. We may disclose your medical information
to funeral directors as necessary for them to carry out their duties.
17.
Research. We may allow your medical information to be disclosed
for research purposes; provided, however, that the person or entity
performing the research adheres to certain privacy protections.
18.
To Avert a Serious Threat to Health or Safety. We may disclose
your medical information when necessary to prevent a serious threat
to the health or safety of the public or another person. Any disclosure
will be made only to someone able to prevent the threat.
19.
National Security and Military Functions. We may disclose
your medical information regarding military and veteran activities,
national security and intelligence activities, protective services
for the president and others, correctional institutions and custodial
situations.
20.
Workers Compensation. We may disclose your medical information
to the extent
necessary to comply with workers' compensation and similar laws
that provide benefits for work-related injuries or illness without
regard to fault.
C. USES AND DISCLOSURES REQUIRING YOUR AUTHORIZATION
Other
types of uses and disclosures of medical information not identified
in this notice will be made only with your written authorization.
That authorization may be revoked, in writing, at any time. However,
should you revoke such an authorization, you should understand that
we are unable to retract any disclosures we have already made with
your permission and that we are required to retain our records as
proof of the care that we provided you.
D.
YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION
1. Right
to request restrictions.
You
have the right to request that we restrict the uses or disclosures
of your medical information to carry out treatment, payment, or
health care operations. You also have the right to request that
we restrict the uses or disclosures we make to: (a) a family member,
other relative, a close personal friend or any other person identified
by you; or (b) to public or private entities for disaster relief
efforts. For example, you could ask that we not disclose medical
information about you to your brother or sister. We are not required
to agree to any requested restriction, but will tell you in advance
if we cannot comply. However, if we do agree, we will follow that
restriction unless the information is needed to provide you with
emergency treatment.
You
must submit your limitation or restriction request in writing to
your case manager or to our privacy officer at the address indicated
on the first page of this notice. In your request you must tell
us (1) what information you would like to limit or restrict, (2)
whether you wish to limit the use or disclosure, or both, and (3)
to whom you would like the limits to apply, for example, disclosures
to your spouse.
We
may terminate your restriction if: (a) you agree or request the
termination in writing; (b) you orally agree to the termination;
or (c) if we inform you that we are terminating our agreement to
your restriction, except that such termination will only be effective
for your medical information that is created or received after you
receive our notice of termination.
2. Right
to receive confidential communications.
We
will accommodate reasonable requests to receive communications about
your medical information from us by alternative means or to alternative
locations. For example, you may ask that we only contact you by
mail or at work. We will not require you to tell us why you are
asking for the confidential communications. If you want to request
confidential communications, you must make your request in writing
to your case manager or to our privacy officer at the address indicated
on the first page of this notice.
3. Right
to inspect and copy protected health information.
With
a few very limited exceptions, you have the right to inspect and
obtain a copy of your medical information. To inspect or copy your
medical information, you must submit your request in writing to
our privacy officer at the address identified on the first page
of this notice. Your request should specifically state what medical
information you want to inspect or copy. We will ordinarily act
on your request within 30 days of our receipt of your request. We
may charge a fee for the costs of copying, mailing or other supplies
associated with your request and will tell you the fee amount in
advance.
We
may deny your request to inspect and copy in limited circumstances.
If you are denied access to your medical information, you may submit
a written request that such denial be reviewed to our privacy officer
at the address indicated on the first page of this notice. Your
denial of access will be reviewed by a licensed health care professional
designated by us who did not participate in the original decision
to deny access. We will ordinarily act on your request for review
within 30 days. In certain circumstances you will not be granted
a review of a denial.
4. Right to amend protected health information.
You
have the right to request an amendment to your medical information.
You have the right to request an amendment for as long as the information
is kept by or for us. Your request must be submitted in writing
to our privacy officer and must specifically state your reason or
reasons for the amendment. We will ordinarily act on your amendment
request within 60 days after our receipt of your request.
We
may deny your request to amend medical information if we determine
that the information: (1) was not created by us; (2) is not part
of the medical information maintained by us; (3) would not be available
for you to inspect or copy; or (4) is accurate and complete.
If
we grant the request, we will inform you of such acceptance in writing.
We will make the appropriate amendment to your medical information
and we will request that you identify and agree that we may notify
all relevant persons with whom the amendment should be shared: (a)
individuals that you have identified as having medical information
about you and (b) business associates that we know have your medical
information that is the subject of the amendment.
5. Right
to Receive an Accounting.
You
have the right to request an "accounting of disclosures"
for disclosures of your medical information that are made after
April 14, 2003. The list of disclosures does not include disclosures:
(a) for treatment, payment and healthcare operations; (b) made with
your authorization or consent; (c) to your family member, close
relative, friend or any other person identified by you; or (d) for
national security or intelligence purposes. Additionally, under
certain circumstances, government officials can request that we
withhold disclosures from the accounting.
To request an accounting of disclosures, you must submit your request
in writing to our privacy officer at the address indicated on the
first page of this notice. Your request must state the time period
for which you would like an accounting which may not be longer than
6 years. Your first accounting request within any 12-month period
will be provided to you free of charge. For additional accounting
lists, we may charge you for the costs of providing the list. We
will notify you of the cost involved and you may choose to withdraw
or modify your request at that time before any costs are incurred.
We
will ordinarily act on your accounting request within 60 days of
your request. We are permitted to extend our response time for a
period of up to 30 days if we notify you of the extension. We may
temporarily suspend your right to receive an accounting of disclosures
of your medical information, if required to do so by law.
6. Right
to a paper copy of this notice.
You
have the right to a paper copy of this notice. You may request a
copy of this notice at anytime. Even if you have previously agreed
to receive this notice electronically, you are still entitled to
a paper copy of this notice.
E.
COMPLAINTS
You
may complain in writing to the privacy officer at the address indicated
on the first page of this notice and to the United States Secretary
of Health and Human Services if you believe your privacy rights
have been violated by us.
To
file a complaint with the United States Secretary of Health and
Human Services, send your complaint in care of: Office for Civil
Rights, U.S. Department of Health and Human Services, 200 Independence
Avenue SW, Washington, D.C. 20201.
You will not be retaliated against for filing a complaint.
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