Privacy Practices
NOTICE OF PRIVACY PRACTICES
Effective April 14, 2003
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU AN GET ACCESS TO THIS INFORMATION.
This notice will tell you how we may use and disclose protected health information about you. 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 call all of that protected health information, “medical information”.
This notice also will tell you about your rights and our duties with respect to medical information about you. In addition, it will tell you how to complain to us if you believe we have violated your privacy rights.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU
We use and disclose medical information about you for a number of different purposes. Each of these purposes is described below.
For Treatment:
We may use medical information about you to provide, coordinate or manage your health care and related services by both us and other health care providers. We may disclose medical information about you to doctors, nurses, hospitals, and other health care facilities who become involved in your care. We may consult with other health care providers concerning you and as part of the consultation, share your medical information with them. Similarly, we may refer you to another health care provider and as part of the referral and share medical information about you with that provider. For example, we may conclude you need to receive services from a physician with a particular specialty. When we refer you to that physician, we also will contact that physician’s office and provide medical information about you to them so they have information they need to provide services for you.
For 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 payer. 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 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 program.
For 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 Standards Home Health (SHH) and to maintain quality health care for our patients. For example, we may use medical information about you to review the services we provide and the performance of you to employees caring for you. We may disclose medical information about you to train our staff, volunteer and students working at SHH. We also may use the information to study ways to more efficiently manage our organization.
How We Will Contact You:
Unless you tell us otherwise in writing, we may contact you either by telephone or by mail at either your home or workplace at either location; we may leave messages for you on the answering machine or voicemail. If you want to request that we communicate to you in a certain way or at a certain location, see "Right to Receive Confidential Communications" on page 7 of this notice.
Appointment Reminders:
We may use and disclose medical information about you to contact you to remind you of an appointment you have with us.
Treatment Alternatives:
We may use and disclose medical information about you and contact you about treatment alternatives that may be of interest toyou.
Health Related Benefits and Services:
We may use and disclose medical information about you to contact you about health-related benefits and services that may be of interest to you.
Marketing Communications:
We may use and disclose medical information about you to communicate with you about a product or service to encourage you to purchase the product or service. This may be:
To describe a health-related product or service that is provided by us
For your treatment
For case management or care coordination for you
To direct or recommend alternative treatments, therapies, health care providers, or setting of care
We may communicate to you about products and services in a face-to-face communication by us to you. We also may communicate about products or services in the form of a promotional gift of normal value.
All other use and disclosure of medical information about you by us to make a communication about a product or service to encourage the purchase or use of a product or service will be done only with your written authorization.
Fundraising:
We may use and disclose medical information about you to contact you to raise funds for Standards Home Health (SHH). We may disclose medical information to a business associated with SHH or a foundation related to SHH so that business associated or foundation may contact you to raise money for the benefit of SHH. We will only release demographic information, such a s your name and address, and the dates your received treatment or services from SHH. If you do NOT want SHH or its foundation to contact you for fundraising, you must notify SHH in writing.
Standards Home Health Directory:
We may include your name, your location in our facility, your condition described in general terms, and your religious affiliation in our director while you are a patient in our facility. This information, except for your religious affiliation may be given to members of the clergy, such as a minister, priest, or rabbi. If you do NOT want to be included in our facility directory, or you want to restrict the information we include in the directory, you must notify SHH in writing of your objection.
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, medical information about you is directly relevant to that person's involvement with your care or payment related to your care. We may also use or disclose medical information about you to notify, or assist in notifying those persons of your location, general condition, or death.
Disaster Relief:
We may use or disclose medical information about you to a public or private entity authorized by law or by its charter to assist in disaster relief efforts. This will be done to coordinate with those entities in notifying a family member, other relative, close personal friend, or other person identified by you of your location, general condition, or death.
Required by Law:
We may use or disclose medical information about you when we are required to do so by law.
Public Health Activities:
We may disclose medical information about you 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, or one that is authorized to receive reports of child abuse and neglect. It also includes reporting for purposes of activities related to the quality, safety or effectiveness of a United States Food and Drug Administration regulated product or activity.
Victims of Abuse, Neglect, or Domestic Violence:
We may disclose medical information about you 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. This will occur to the extent the disclosure is: (a) required by law; (b) agreed by you; or (c) authorized by law and we believe the disclosure is necessary to prevent serious harm to you or to other potential victims, or if you are incapacitated and certain other conditions are met, a law enforcement or other public official represents that immediate enforcement activity depends on the disclosure.
Health Oversight Activities:
We may disclose medical information about you to a health oversight agency for activities authorized by law, including audits, investigations, inspection, licensure or disciplinary actions. These and similar types of activities are necessary for appropriate oversight of the health care system, government benefit programs, and entities subject to various government regulations.
Judicial and Administrative Proceedings:
We may disclose medical information about you in the course of any judicial or administrative proceeding in response to an order of the court or administrative tribunal. We may also disclose medical information about in response to a subpoena, discovery request, 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.
Disclosures of Law Enforcement Purposes:
We may disclose medical information about you to law enforcement officials for law enforcement purposes:
As required by law
In response to a court, grand jury or administrative order, warrant or subpoena
To identify or locate a suspect, fugitive, material witness or missing person
About an actual or suspected victim of a crime and that person agrees to the disclosure. If we are unable to obtain that person's agreement, in limited circumstances, the information may still be disclosed
To alert law enforcement officials to a death, if we suspect the death may resulted from criminal conduct.
About crimes at our facility
To report a crime in emergency circumstances
Coroners and Medical Examiners:
We may disclose medical information about you to a coroner or medical examiner for purposes such as identifying a deceased person and determining cause of death.
Funeral Directors:
We may disclose medical information about you to funeral directors as necessary for them to carry out their duties.
Organ, Eye, or Tissue Donation:
To facilitate organ, eye, or tissue donation and transplantation, we may disclose medical information about you to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of organs, eyes, or tissue.
Research:
Under certain circumstances, we may use or disclose medical information about you for research. Before we disclose medical information for research, the research will have been approved through an approval process that evaluates the needs of the research project with your needs for privacy for your medical information. We may, however, disclose medical information about you to a person who is preparing to conduct research to permit them to prepare for the project, but no medical information will leave Standards Home Health (SHH) during that person's review of the information.
To Avert Serious Threat to Health or Safety:
We may use or disclose protected health information about you if we believe the use or disclosure is necessary to prevent or lessen a serious or imminent threat to the health or safety of a person or the public. We also may release information about you if we believe the disclosure is necessary for law enforcement authorities to identify or apprehend an individual who admitted participation in a violent crime or who is an escapee from a correctional institution or from lawful custody.
Military:
If you are a member of the Armed Forces, we may use and disclose medical information about you for activities deemed necessary by the appropriate military command authorities to assure the proper execution of the military mission. We may also release information about foreign military personnel to the appropriate foreign military authority for the same purpose.
National Security and Intelligence:
We may disclose medical information about you to authorized federal officials for the conduct of intelligence, counter-intelligence, and other national security activities authorize by law.
Protective Services for the President:
We may disclose medical information about you to authorized federal officials so they can provide protection to the President of the United States, certain other federal officials, or foreign heads of state.
Security Clearances:
We may use medical information about you to make medical suitability determinations and may disclose the results to officials in the United States Department of State for purposes of a required security clearance or service abroad.
Inmates; Persons in Custody:
We may disclose medical information about you to a correction institutions or law enforcement official having custody of you. The disclosure will be made if the disclosure is necessary; (a) to provide health care to you; (b) for the health and safety of others; or (c) the safety, security, and good order of the correctional institution.
Workers Compensation:
We may disclose medical information about you to the extent necessary to comply with worker's compensation and similar laws that provide benefits for work-related injuries or illness without regard to fault.
Other Uses and Disclosures:
Other uses and disclosures will be made only with your written authorization . You may revoke such an authorization at any time by notifying Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520, (512) 430-4047, in writing of your desire to revoke it. However, if you revoke such an authorization, it will not have any effect on actions taken by Standards Home Health (SHH) in reliance.
Your Rights With Respect to Medical Information About You:
You have the following rights with respect to medical information that we maintain about you.
Right to Request Restrictions:
You have the right to request that we restrict the uses of disclosures of medical information about you to carry out treatment, payment, or health care operations. You also have the right to request that we restrict the use of disclosures we make to: (a) a family member, or other relative, a close personal friend or any other persons identified by you; or (b) for 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.
To request a restriction, you may do so at any time. If you request a restriction, you should do so to Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520, (512) 430-4047 and tell us (a) what information you want to limit; (b) whether you want to limit use or disclosure or both; and (c) to whom you want the limits to apply (for example, disclosures to your spouse).
We are not required to agree to any requested restrictions. However, if we do not agree, we will follow that restriction unless the information is needed to provide emergency treatment. Even if we agree to a restriction, either you or we can later terminate the restrictions.
Right to Receive Confidential Communications:
You have the right to request that we communicate medical information about you to you in a certain way or at a certain location. For example, you can ask that we only contact you by mail or at work. We will not require you to tell us why you are requesting the confidential communication.
If you want to request confidential communication, you must do so in writing to Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520. Your request must state how or where you can be contacted. We will accommodate your request. However, we may, when appropriate, require information from you concerning how payment will be handled. We may also require an alternate address or other method to contact you.
Right to Inspect and Copy:
With a few very limited exceptions, such as psychotherapy notes, you have the right to inspect and obtain a copy of medical information about you.
To inspect or copy medical information about you, you must submit your request in writing to Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520. Your request should state specifically what medical information you want to inspect or copy. If you request a copy of the information, we may charge a fee for the cost of copying and, if you ask that it is mailed to you, the cost of mailing. We will act on your request within thirty (30) calendar days after we receive your request. If we grant your request, in whole or part, we will inform you of our acceptance of your request and provide access and copies.
We may deny your request to inspect and copy medical information if the medical information involved is:
Psychotherapy Notes
Information complied in anticipation of, or use in, a civil, criminal, or administrative action or proceeding
If we deny your request, we will inform you of the basis for the denial, how you may have our denial reviewed, and how you may complain. If you request a review of your denial, it will be conducted by a licensed health care professional designated by us who was not directly involved in the denial. We will comply with the outcome of that review.
Right to Amend:
You have the right to ask us to amend medical information about you. You have this right for so long as the medical information is maintained by us.
To request an amendment, you must submit your request in writing to Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520. Your request must state the amendment desired and provide a reason in support of that amendment.
We will act on your request within sixty ( 60) calendar days after we receive your request. If we grant your request, in whole or part, we will inform you of our acceptance of your request and provide access and copying.
If we grant the request, in whole or part, we will seek your identification of an agreement to share the amendment with relevant other persons. We will also make the appropriate amendment to the medical information by appending or otherwise providing a link to the amendment.
We may deny your request to amend medical information about you. We may deny your request if it is not in writing and does not provide a reason in support of the amendment. In addition, we may deny your request to amend medical information if we determine that the information:
Was not created by us, unless the person or entity that created the information is no longer available to act on the request amendment
Is not part of the medical information maintained by us
Would not be available for you to inspect or copy or
Is accurate and complete.
If we deny your request, we will inform you of the basis for the denial. You will have the right to submit a statement of disagreeing with our denial. Your statement may not exceed three pages. We may prepare a rebuttal to that statement. Your request for amendment, our denial of the request, your statement of disagreement, if any, and our rebuttal, if any, will then be appended to the medical information involved or otherwise linked to it. All of that will them be included with any subsequent disclosure of that information, or, at our election, we may include a summary of any of that information. If you do not submit a statement of disagreement, you may ask that we include your request for amendment and our denial with any future disclosures of the information. We will include your request for amendment and our denial (or summary of that information) with any subsequent disclosure of the medical information involved.
You also will have a right to complain about our denial of your request.
Right to an Accounting of Disclosures:
You have the right to receive an accounting of disclosures of medical information about you. The accounting may be for up to six years prior to the date on which you request the accounting, but not before April 13, 2003.
Certain types of disclosures are not included in such accounting:
Disclosures to carry out treatment, payment and health care operations;
Disclosures of your medical information made to you;
Disclosures that are incident to another use or disclosure;
Disclosures that you have authorized;
Disclosures for our facility directory or to persons involved in your care;
Disclosures for disaster relief purposes;
Disclosures to correctional institutions or law enforcement officials having custody ofyou;
Disclosures that are part of a limited data set for purposes of research, public health, or health care operations (a limited data set is where things that would directly identify you have been removed);
Disclosures made prior to April 14, 2003.
Under certain circumstances your right to an accounting of disclosures to a law enforcement official or health oversight agency may be suspended. Should you request an accounting during the period of time your right is suspended, the accounting would not include the disclosure or disclosures to a law enforcement official or to a health oversight agency.
To request an accounting of disclosures, you must submit your request in writing to Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520. Your request must state a time period for the disclosures. It may not be longer than six years from the date we receive your request and may not include dates before April 14, 2003.
Usually, we will act on your request with sixty ( 60) calendar days after we receive your request. Within that time, we will either provide the accounting of the disclosures to you or give you a written statement of when we will provide the accounting and why the delay is necessary.
There is no charge for the first accounting we provide to you in any twelve month period. For additional accountings, we may charge you for the cost of providing the list. If there is a charge, we will notify you of the cost involved and give you anopportunity to withdraw or modify your request to avoid or reduce the fee.
Right to Copy of this Notice:
You have the right to obtain a paper copy of our Notice of Privacy Practices. You may obtain a paper copy even though you agreed to receive the notice electronically. You may request a copy of our Notice of Privacy Practices at any time.
To obtain a paper copy of this notice, contact Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520, (512) 430-4047.
OUR DUTIES
Generally:
We are required by law to maintain the privacy of medical information about you to provide individuals with notice of our legal duties and privacy practices with respect to medical information.
Our Right to Change Notice of Privacy Practices:
We reserve the right to change this Notice of Privacy Practice. We reserve the right to make the new notice's provisions effective for all medical information that we maintain, including that created or received by us prior to the effective date of the new notice.
Availability of Notice of Privacy Practice:
A copy of our current Notice of Privacy Practice will be posted in our Administrative offices of Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520. At any time, you may obtain a copy of the current Notice of Privacy Practice by contacting Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520 at (512) 430-4047.
Effective Date of Notice:
The effective date of this notice is stated on the first page.
Complaints:
You may complain to us 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 us, contact Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520,
(512) 430-4047. All complaints should be submitted in writing.
To file a complaint with the United States Secretary of Health and Human Services, send your complaint to the 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.
Questions and Information:
If you have questions or want more information concerning this Notice of Privacy Practice, please contact Standards Home Health, 111 West 2nd Street, Cameron, Texas 76520, (512) 430-4047.