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St. Elizabeth Health Services NOTICE OF PRIVACY PRACTICES Effective Date: April 14, 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.
USES AND DISCLOSURES THAT ARE REQUIRED OR PERMITTED BY LAW
Subject to requirements of federal, state and local laws, we are either required or permitted to report your health information for various purposes. Some of these reporting requirements include:
Public Health Activities. We may disclose your health information to public health officials for activities such as the prevention or control of communicable disease, injury or disability; to report births and deaths; to report suspected child abuse or neglect; to report reactions to medications or problems with medical products.
Disaster Relief Efforts. We may disclose your health information to an entity assisting in a disaster relief effort so that your family can be notified about your condition and location.
Health Oversight Activities. We may disclose your health information to a health oversight agency for activities authorized by law. These oversight activities may include audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs and compliance with civil rights laws.
Judicial or Administrative Proceeding. We may disclose your health information in response to a court or administrative order, a valid subpoena, discovery request, civil or criminal proceedings, or other lawful process.
Law Enforcement. We may release your health information if asked to do so by a law enforcement official: (1) In response to a court order, subpoena, warrant, summons or similar legal process; (2) Regarding a victim or death of a victim of a crime in limited circumstances; (3) In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime, including crimes that may occur at our facility. Coroners, Medical Examiners and Funeral Directors. We may release health information to a coroner or a medical examiner. This may be necessary, for example, to identify a person who died or determine the cause of death. We may also release health information to help a funeral director to carry out his/her duties. Workers' Compensation. We may release your health information for workers' compensation benefits or to similar programs that provide benefits for work-related injuries or illness. To Avert a Serious Threat to Health or Safety. We may disclose your health information when necessary to prevent a serious threat to your health and safety or the health and safety of another person or the public. National Security . We may disclose your health information to federal official(s) for national security activities and for the protection of the President and other Heads of State. Military and Veterans. If you are a member of the armed forces, we may release your health information as required by military command authorities. We may also release health information about foreign military personnel to the appropriate foreign military authority. NOTE: "If you are a member of the Armed Forces, we may disclose your health information to the Department of Veterans Affairs upon your separation or discharge from military services. This disclosure is necessary for the Department of Veterans Affairs to determine if you are eligible for certain benefits. Note: "Security Clearances. We may use medical information about you to make decisions regarding your suitability for a security clearance or service abroad. We may also release your medical suitability determination to officials in the Department of State who need access to that information for these purposes. Inmates. If you are an inmate of a correctional institution or in the custody of a law enforcement official, we may release your health information to the institution or. This release would be necessary (1) for the institution to provide you with health care; or (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. OTHER USES OF YOUR HEALTH INFORMATION. Other uses and disclosures of your health information not covered by this notice or the laws that apply to us will be made only with your written authorization. If you provide us with authorization to use or disclose your health information, you may revoke that authorization in writing at any time. When we receive your written revocation we will no longer use or disclose your health information for the purpose of that authorization. However, we are unable to retrieve any disclosures already made based your prior authorization. YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION. You have the following rights regarding your health information: Right to Inspect and Copy. You have the right to inspect your health information and copy medical, billing or other records that may be used to make decisions about your care. Submit your request in writing to the Health Information Management department, 3325 Pocahontas Rd., Baker City Oregon 97814. We charge a fee for document requests to cover the costs of copying, mailing or other supplies. In limited circumstances we may deny your request to inspect and copy your health information. If you are denied access to your health information, you may request that the denial be reviewed. A licensed health care professional chosen by St. Elizabeth Health Services will review your request and the denial. The person who conducts the review will not be the same person who denied your request. We will comply with the outcome of the review. Right to Amend. You have the right to request an amendment to your health information that you believe is incorrect or incomplete. Submit your request in writing, using a Request for Amendment to PHI form, and including your reason for the amendment, to Health Information Management department, 3325 Pocahontas Rd. Baker City, OR 97814. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. We may also deny your request if you ask us to amend information that:
(4) Was not created by St. Elizabeth Health Services; unless the person or entity that created the information is no longer available to make the amendment; (5) Is not part of the medical information kept by or for St. Elizabeth Health Services; (6) Is not part of the information that you would be permitted to inspect and copy; or; (7) Is accurate and complete. To obtain a paper copy of this request, contact the Health Information Management Department, 3325 Pocahontas Rd. Baker City, OR, 97814. Right to an Accounting of Disclosures. We are required to maintain a list of disclosures of your health information. However, we are not required to maintain a list of disclosure that we made by acting upon your written authorizations. You have the right to request an accounting of disclosures that were not subject to your written authorization. Submit your request in writing to the Health Information Management department. Your request must state a time period, not longer than six years, and may not include dates before April 14, 2003. The first list you request within a 12-month period will be free. For additional 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 before any costs are incurred. Right to Request Restrictions. You have the right to request a restriction or limitation on how much of your health information we use or disclose for treatment, payment or health care operations. You also have the right to request a restriction on the disclosure of your health information to someone who is involved in your care or payment for your care, such as a family member or friend. We are not required to agree to your request. However, if we do agree, we will comply with your request unless the information is needed to provide you with emergency treatment.
Submit your request in writing to the Health Information Management department or request and submit a Request for Restrictions to Protected Health Information form. You must include: (1) what information you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply. Right to Request Confidential Communications. You have the right to request that we communicate with you about health care matters in a certain way or at a certain location. For example, you can ask that we only contact you at an alternative location from your home address, such as work, or only contact you by mail instead of by phone. You must make your request in writing to the Health Information Management department or to request and submit a “Confidential Communications Opt Out” form. Your request must specify how or where you wish to be contacted. We do not require a reason for the request. We will accommodate all reasonable requests. Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. To obtain a paper copy of this notice, contact the Health Information Management department 3325 Pocahontas Rd. Baker City, OR, 97814. CHANGES TO THIS NOTICEWe reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for health information we already have about you as well as any information we receive in the future. We will post a copy of the current notice in the facility. The notice will contain on the first page, in the top right-hand corner, the effective date. Each time you register at or are admitted to the facility for treatment or health care services as an inpatient or outpatient, we will offer you a copy of the current notice in effect. COMPLAINTSYou may file a complaint with us or with the Secretary of the Department of Health and Human Services if you believe that we have not complied with our privacy practices. You may file a complaint with us orally or in writing by contacting Laura Laurence, Privacy Officer, 3325 Pocahontas Rd. Baker City, OR, 97814 or phone 523-8122. You will not be penalized for filing a complaint. SAMPLE INDIVIDUAL DOCUMENT ACKNOWLEDGEMENT REGISTRATION FORM I,___________________ acknowledge that I received a copy of St. Elizabeth Health Services’ Notice of Privacy Practices dated April 14, 2003. _______________________________________________________________ (Individual’s signature or initials)
_______________________________________________________________ (Personal representative of individual, if individual is unable to sign)
__________________ _________________________________________ (Date) (Witness signature)
(Check (Ö ) one of the reasons below)
q Individual refused q Individual refused, stating that he/she has already signed an acknowledgement q Individual unable to sign because of medical condition q There was not a personal representative of the individual available to sign q Other: (explain)_____________________________________________________ ____________________________________________________________
____________________________________________________________ ____________________________________ ____________________ Witness Date
APPENDIX C
SAMPLE SCRIPT
The admitting registrar shall briefly highlight the purpose of the St. Elizabeth Health Services Notice of Privacy Practices, how St. Elizabeth Health Services may use or disclose patient information and individual rights (e.g., request restrictions, confidential communications). The following script can be used to assist with the registration process:
Sample Script
q St. Elizabeth Health Services is required by law to maintain the privacy of your health information.
q The Notice of Privacy Practices describes how medical information about you may be used and disclosed as well as your rights and certain obligations we have regarding your medical information.
We may use and disclosure your health information in these ways: · To treat you; · To obtain payment from your insurance provider; · For our own health care operations; · In special situations, such as public health or law enforcement activities.
Your rights regarding your health information include: · The right to inspect and copy your health information; · The right to request that changes be made to your health information (see Privacy Policy No. 7 Individual Rights: Access and Amendment of PHI); · The right to receive a list of certain disclosures of your health information (see Privacy Policy No. 8 Individual Rights: Accounting of Disclosures of PHI); · The right to request restrictions on how we use your health information (see Privacy Policy No. 11 Individual Rights: Request for Restrictions of Use or Disclosure of PHI); · The right to request that we communicate your health information to you in a confidential manner (for example, send test results to an alternative address, call a work number for appointment reminders) (see Privacy Policy No. 9 Individual Rights: Confidential Communications); · The right to receive your own copy of the Notice of Privacy Practices.
We have the right to change our Notice of Privacy Practices. St. Elizabeth Health Services posts a copy of the current notice in the Admitting department. The effective date of the notice is in the upper right corner, under the title.
You have the right to file a complaint if you believe your privacy rights have been violated. If you have a complaint, contact Laura Laurence, Privacy Officer, (see Privacy Policy No. 9 Individual Inquiries and Complaints). You will not be penalized in any way for filing a complaint.
Other uses and disclosures of your health information that are not covered by this notice or by law will be made only with your written authorization.
Please review the notice carefully.
q I will ask you to provide written acknowledgment that you received the Notice of Privacy Practices.
q If you have any questions that I cannot answer, you have the right to contact Laura Laurence, Privacy Officer at 523-8122 for more information. APPENDIX D SAMPLE PROCEDURES FOR OBTAINING ACKNOWLEDGEMENT OF THE NOTICE OF PRIVACY PRACTICES
2.1 Make the notice available to the individual:
2.2 Have individual or his/her personal representative sign the acknowledgment; Sample Authorized List of Personal Representatives
w Individual
w If the individual is unable to sign, the following personal representatives are authorized to sign on behalf of the individual:
- Person with durable power of attorney - Appointed guardian or custodian - Person who has maintained significant contacts with the individual such as: · Spouse · Children of the individual who are at least 18 years of age · Parents, including step-parent · Adult brothers and sisters · Grandparents · Grandchildren of the individual who are at least 18 years of age · A close relative or friend of the individual who is at least 18 years of age
w It was agreed that transporters and counselors bringing a minor from Home on the Range could sign the acknowledgement for the individual.
2.2.1 If the individual or his/her personal representative is unable to sign, document the reason and the good faith effort made to obtain a signature.
2.2.2 In an emergency situation, obtain the signed acknowledgment when the individual is stable.
3.1 Admitting will send the acknowledgments to HIM to be filed in the individual’s health record.
3.2 Psychiatry and Home Care will file the acknowledgment in the individual’s health record in their departments.
4. When the Privacy Officer distributes an updated notice,
4.1 Discard all previous notices; and
4.2 Post the updated notice.
REFERENCES:
DISTRIBUTION
APPROVED:
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Copyright 2011 Saint Alphonsus Medical Center - Baker City Terms and Conditions Privacy Statement Last updated: August 1, 2011 |