EAST
END HOSPICE
HIPAA PRIVACY NOTICE – April 2003 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.
Policy
It is the policy of East End Hospice to provide to each patient /
family a copy of the East End Hospice Privacy Notice.
Procedure
At the time of admission the East End Hospice Privacy Notice, which
is included in the Admission packet, will be given to the patient
by the nurse or social worker.
Introduction
East End Hospice understands that your medical information is private
and confidential. Further, we are required by law to maintain the
privacy of "protected health information." "Protected
health information" includes any individually identifiable information
that we obtain from you or others that relates to your past, present
or future physical or mental health, the health care you have received,
or payment for your health care.
As required by law, this notice provides you with information about
your rights and our legal duties and privacy practices with respect
to the privacy of protected health information. This notice also discusses
the uses and disclosures we will make of your protected health information.
We must comply with the provisions of this notice as currently in
effect, although we reserve the right to change the terms of this
notice from time to time and to make the revised notice effective
for all protected health information we maintain. You can always request
a written copy of our most current privacy notice from the Executive
Director at East End Hospice or you can access it on our website at
www.eeh.org.
Permitted
Uses and Disclosures
We can use or disclose your protected health information for purposes
of treatment, payment and health care operations. For each of these
categories of uses and disclosures, we have provided a description
and an example below. However, not every particular use or disclosure
in every category will be listed.
- Treatment
means the provision, coordination or management of your health care,
including consultations between health care providers relating to
your care and referrals for health care from one health care provider
to another.
- Payment means
the activities we undertake to obtain reimbursement for the health
care provided to you, including billing, collections, claims management,
determinations of eligibility and coverage and other utilization
review activities.
- Health care
operations means the support functions of East End Hospice related
to treatment and payment, such as quality assurance activities,
case management, receiving and responding to patient comments and
complaints, physician reviews, compliance programs, audits, business
planning, development, management and administrative activities
We may also disclose information to doctors, nurses, technicians,
medical students and others for review and learning purposes. In
addition, we may remove information that identifies you from your
patient information so that others can use the de-identified information
to study health care and health care delivery without learning who
you are
Other
Uses and Disclosures of Protected Health Information
In addition to using and disclosing your information for treatment,
payment and health care operations, we may use your protected health
information in the following ways:
- We may contact
you to provide appointment reminders for treatment or medical care.
- We may contact
you to tell you about or recommend possible treatment alternatives
or other health-related benefits and services that may be of interest
to you.
- We may disclose
to your family or friends or any other individual identified by
you protected health information directly related to such person’s
involvement in your care or the payment for your care. We may use
or disclose your protected health information to notify, or assist
in the notification of, a family member, a personal representative,
or another person responsible for your care, of your location, general
condition or death. If you are present or otherwise available, we
will give you an opportunity to object to these disclosures, and
we will not make these disclosures if you object. If you are not
present or otherwise available, we will determine whether a disclosure
to your family or friends is in your best interest, taking into
account the circumstances and based upon our professional judgment.
- When permitted
by law, we may coordinate our uses and disclosures of protected
health information with public or private entities authorized by
law or by charter to assist in disaster relief efforts.
- We will allow
your family and friends to act on your behalf to pick-up filled
prescriptions, medical supplies, X-rays, and similar forms of protected
health information, when we determine, in our professional judgment,
that it is in your best interest to make such disclosures.
- We may contact
you as part of our fund-raising and marketing efforts as permitted
by applicable law.
- We may use
or disclose your protected health information for research purposes,
subject to the requirements of applicable law. For example, a research
project may involve comparisons of the health and recovery of all
patients who received a particular medication. All research projects
are subject to a special approval process which balances research
needs with a patient’s need for privacy. When required, we
will obtain a written authorization from you prior to using your
health information for research.
- We will use
or disclose protected health information about you when required
to do so by applicable law.
Special
Situations
Subject to the requirements of applicable law, we will make the following
uses and disclosures of your protected health information:
- Organ and
Tissue Donation. If you are an organ donor, we may release health
information to organizations that handle organ procurement or organ,
eye or tissue transplantation or to an organ donation bank, as necessary
to facilitate organ or tissue donation and transplantation.
- Military
and Veterans. If you are a member of the Armed Forces, we may release
health information about you as required by military command authorities.
We may also release health information about foreign military personnel
to the appropriate foreign military authority.
- Worker’s
Compensation. We may release health information a bout you for programs
that provide benefits for work-related injuries or illnesses.
- Public Health
Activities. We may disclose health information about you for public
health activities, including disclosures:
(a) to prevent or control disease, injury or disability;
(b) to report births and deaths;
(c) to report child abuse or neglect;
(d) to persons subject to the jurisdiction of the Food and Drug
Administration (FDA) for activities related to the quality, safety,
or effectiveness of FDA-regulated products or services and to report
reactions to medications or problems with products;
(e) to notify a person who may have been exposed to a disease or
may be at risk for contracting or spreading a disease or condition;
(f) to notify the appropriate government authority if we believe
that an adult patient has been the victim of abuse, neglect or domestic
violence. We will only make this disclosure if the patient agrees
or when required or authorized by law.
- Health Oversight
Activities. We may disclose health information to Federal or State
agencies that oversee our activities. These activities are necessary
for the government to monitor the health care system, government
benefit programs, and compliance with civil rights laws or regulatory
program standards.
- Lawsuits
and Disputes. If you are involved in a lawsuit or a dispute, we
may disclose health information about you in response to a court
or administrative order. We may also disclose health information
about you in response to a subpoena, discovery request, or other
lawful process by someone else involved in the dispute, but only
if the Hospice is given assurances that efforts have been made by
the person making the request to tell you about the request or to
obtain an order protecting the information requested.
- Law Enforcement.
We may release health information if asked to do so by a law enforcement
official:
(a) In response to a court order, subpoena, warrant, summons or
similar process;
(b) To identify or locate a suspect, fugitive, material witness,
or missing person;
(c) About the victim of a crime under certain limited circumstances;
(d) About a death we believe may be the result of criminal conduct;
(e) About criminal conduct on our premises; and
(f) In emergency circumstances, to report a crime, the location
of the crime or the victims, or the identity, description or location
of the person who committed the crime.
- Coroners,
Medical Examiners and Funeral Directors. We may release health information
to a coroner or medical examiner. Such disclosures may be necessary,
for example, to identify a deceased person or determine the cause
of death. We may also release health information about patients
to funeral directors as necessary to carry out their duties.
- National
Security and Intelligence Activities. We may release health information
about you to authorized Federal officials for intelligence, counterintelligence,
or other national security activities authorized by law.
- Protective
Services for the President and Others. We may disclose health information
about you to authorized Federal officials so they may provide protection
to the President or other authorized persons or foreign heads of
state or may conduct special investigations.
- Inmates.
If you are an inmate of a correctional institution or under the
custody of a law enforcement official, we may release health information
about you to the correctional institution or law enforcement official.
This release would be necessary (1) for the institution to provide
you with health care; (2) to protect your health and safety or the
health and safety of others; or (3) for the safety and security
of the correctional institution.
- Serious Threats.
As permitted by applicable law and standards of ethical conduct,
we may use and disclose protected health information if we, in good
faith, believe that the use or disclosure is necessary to prevent
or lessen a serious and imminent threat to the health or safety
of a person or the public or is necessary for law enforcement authorities
to identify or apprehend an individual.
Note: HIV-related
information, genetic information, alcohol and/or substance abuse records,
mental health records and other specially protected health information
may enjoy certain special confidentiality protections under applicable
State and Federal law. Any disclosures of these types of records will
be subject to these special protections.
Other
Uses of Your Health Information
Other uses and disclosures of protected health information not covered
by this notice or the laws that apply to us will be made only with
your permission in a written authorization. You have the right to
revoke that authorization at any time, provided that the revocation
is in writing, except to the extent that we already have taken action
in reliance on your authorization.
Your Rights
- You have
the right to request restrictions on our uses and disclosures of
protected health information for treatment, payment and health care
operations. However, we are not required to agree to your request.
To request a restriction, you must make your request in writing
to the Privacy Officer of East End Hospice.
- You have
the right to reasonably request to receive confidential communications
of protected health information by alternative means or at alternative
locations. To make such a request, you must submit your request
in writing to Privacy Officer of East End Hospice.
- You have
the right to inspect and copy the protected health information contained
in your medical and billing records and in any other Hospice records
used by us to make decisions about you, except:
(a) for psychotherapy notes, which are notes that have been recorded
by a mental health professional documenting or analyzing the contents
of conversations during a private counseling session or a group,
joint or family counseling session and that have been separated
from the rest of your medical record;
(b) for information compiled in reasonable anticipation of, or for
use in, a civil, criminal, or administrative action or proceeding;
(c) for protected health information involving laboratory tests
when your access is restricted by law;
(d) if you are a prison inmate, obtaining a copy of your information
may be restricted if it would jeopardize your health, safety, security,
custody, or rehabilitation or that of other inmates, or the safety
of any officer, employee, or other person at the correctional institution
or person responsible for transporting you;
(e) if we obtained or created protected health information as part
of a research study, your access to the health information may be
restricted for as long as the research is in progress, provided
that you agreed to the temporary denial of access when consenting
to participate in the research;
(f) for protected health information contained in records kept by
a Federal agency or contractor when your access is restricted by
law; and
(g) for protected health information obtained from someone other
than us under a promise of confidentiality when the access requested
would be reasonably likely to reveal the source of the information.In
order to inspect and copy your health information, you must submit
your request in writing to Privacy Officer of East End Hospice.
If you request a copy of your health information, we may charge
you a fee for the costs of copying and mailing your records, as
well as other costs associated with your request.
We may also deny a request for access to protected health information
if:
(i) a licensed health care professional has determined, in the exercise
of professional judgment, that the access requested is reasonably
likely to endanger your life or physical safety or that of another
person;
(ii) the protected health information makes reference to another
person (unless such other person is a health care provider) and
a licensed health care professional has determined, in the exercise
of professional judgment, that the access requested is reasonably
likely to cause substantial harm to such other person; or
(iii) the request for access is made by the individual’s personal
representative and a licensed health care professional has determined,
in the exercise of professional judgment, that the provision of
access to such personal representative is reasonably likely to cause
substantial harm to you or another person.
If we deny a request for access for any of the three reasons described
above, then you have the right to have our denial reviewed in accordance
with the requirements of applicable law.
- You have
the right to request an amendment to your protected health information,
but we may deny your request for amendment, if we determine that
the protected health information or record that is the subject of
the request:
(a) was not created by us, unless you provide a reasonable basis
to believe that the originator of protected health information is
no longer available to act on the requested amendment;
(b) is not part of your medical or billing records or other records
used to make decisions about you;
(c) is not available for inspection as set forth above; or
(d) is accurate and complete.
In any event, any agreed upon amendment will be included as an addition
to, and not a replacement of, already existing records. In order
to request an amendment to your health information, you must submit
your request in writing to Privacy Officer of East End Hospice along
with a description of the reason for your request.
- You have the
right to receive an accounting of disclosures of protected health
information made by us to individuals or entities other than to
you for the six prior years prior to your request, except for disclosures:
(a) to carry out treatment, payment and health care operations as
provided above;
(b) incident to a use or disclosure otherwise permitted or required
by applicable law;
(c) pursuant to a written authorization obtained from you;
(d) for the patient listing or to persons involved in your care
or for other notification purposes as provided by law;
(e) for national security or intelligence purposes as provided by
law;
(f) to correctional institutions or law enforcement officials as
provided by law;
(g) as part of a limited data set as provided by law; or
(h) that occurred prior to April 14, 2003.
To request an accounting of disclosures of your health information,
you must submit your request in writing to Privacy Officer of East
End Hospice. Your request must state a specific time period for
the accounting (e.g., the past three months). The first accounting
you request within a twelve (12) month period will be free. For
additional accountings, we may charge you for the costs of providing
the list. We will notify you of the costs involved, and you may
choose to withdraw or modify your request at that time before any
costs are incurred.
Complaints
If you believe that your privacy rights have been violated, you should
immediately contact Privacy Officer of East End Hospice. We will not
take action against you for filing a complaint. You also may file
a complaint with the Secretary of Health and Human Services.
Contact
Person
If you have any questions or would like further information about
this notice, please contact Privacy Officer of East End Hospice at
631.288.8400.
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