I. 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.
II. We
have a legal duty to safeguard your protected health information
(PHI).
We are
legally required to protect the privacy of your health information.
We call this information "protected health information"
or "PHI" for short, and it includes information
that can be used to identify you that we've created or received
about your past, present, or future health condition, the provision
of health care to you, or the payment for this health care.
We must provide you with this notice about our privacy practices
that explains how, when, and why we use and disclose your PHI.
With some exceptions, we may not use or disclose any more of
your PHI than is necessary to accomplish the purpose of the
use or disclosure. We are legally required to follow the privacy
practices that are described in this notice.
However,
we reserve the right to change the terms of this notice and
our privacy policies at any time. Any changes will apply to
the PHI we already have. Before we make any important change
to our policies, we will promptly change this notice. You can
request a copy of this notice from the contact person listed
in section VI below at any time and can view a copy of this
notice on our web site at www.CommunityVNA.org.
III. How
we may use and disclose your protected health information.
We use and
disclose health information for many reasons. For some of these
uses or disclosures we need your specific authorization. Below,
we describe the different categories of uses and disclosures.
A. Uses
and Disclosures which do not require your Authorization.
We may use
and disclose your PHI without your authorization for the following
reasons:
- For
treatment. We may disclose your PHI to hospitals,
physicians, nurses, and other health care personnel who provide
you with health care services or are involved in your health
care. For example, if you are being treated for a knee injury,
we may disclose your PHI to a physical therapist in order
to coordinate your care.
- To
obtain payment for treatment. We may use and disclose
your PHI in order to bill and collect payment for the treatment
and services provided to you. For example, we may provide
portions of your PHI to our billing department and your health
plan to get paid for the health care services we provided
to you.
-
For health care operations.
We may disclose your PHI in order to operate this entity.
For example, we may use your PHI in order to evaluate the
quality of health care services that you received, or to evaluate
the performance of the health care professionals who provided
health care services to you. We may also provide your PHI
to our accountants, attorneys, consultants, and others in
order to make sure we are complying with the laws that affect
us.
- When
a disclosure is required by federal, state, local law, judicial
or administrative proceedings, or law enforcement.
For example, we make disclosures when a law requires that
we report information to the government agencies and law enforcement
personnel about victims of abuse, neglect, or domestic violence:
when dealing with a gunshot or other wounds: or when ordered
in a judicial or administrative proceeding.
- For
public health activities. For example, we report
information about births, deaths, and various diseases to
government officials in charge of collecting that information,
and we provide coroners, medical examiners, and funeral directors
necessary information relating to an individual's death.
- For
health oversight activities. For example, we Will
provide information to assist the government when it conducts
an investigation or inspection of a health care provider or
organization.
- For
purposes of organ donation. We may notify organ procurement
organizations to assist them in organ, eye, or tissue donations
and transplants.
- For
research purposes. In certain circumstances, we may
provide PHI in order to conduct medical research.
- To
avoid harm. In order to avoid a serious threat to
the health or safety of a person or the public, we may provide
PHI to law enforcement personnel or persons able to prevent
or lesson such harm.
- For
specific government functions. We may disclose PHI
of military personnel and veterans in certain situations.
And we may disclose PHI for national security purposes, such
as protecting the president of the United States or conducting
intelligence operations.
- For
workers' compensation purposes.
We may provide PHI in order to comply with workers' compensation
laws.
- Appointment
reminders and health-related benefits or services.
We may use PHI to provide appointment reminders or give you
information about treatment alternatives, or other health
care services or benefits we offer.
B. Uses
and disclosures where you have the opportunity to object:
- Disclosures
to family, friends, or others.
We may provide your PHI to a family member, friend or other
person that you indicate is involved in your care or the payment
for your health care, unless you object in whole or in part.
C. All
other uses and disclosures require your written Authorization.
In any other situation not described above, we will ask your
written authorization before using or disclosing any of your
PHI. If you choose to sign an authorization to disclose your
PHI, you can later revoke that authorization in writing to stop
any future uses and disclosures (to the extent that we haven't
taken any action relying on the authorization).
D. Incidental
uses and disclosures. Incidental uses and disclosures
of information may occur. An incidental use or disclosure is
a secondary use or disclosure that cannot reasonably be prevented,
is limited in nature, and that occurs as a by-product of an
otherwise permitted use or disclosure. However, such incidental
uses or disclosures are permitted only to the extent that we
have applied reasonable safeguards and do not disclose any more
of your PHI than is necessary to accomplish the permitted use
or disclosure. For example, disclosures about a patient made
by a home health provider in the patients' home that might be
overheard by other family members not involved in the patients
care would be permitted.
IV. What
rights you have regarding your PHI.
You have
the following rights with respect to your PHI:
A. The
right to request limits on users and disclosures of your PHI.
You have the right to ask that we limit how we use and disclose
your PHI. We will consider your request, but are not legally
required to accept it. If we accept your request, we will put
any limits in writing and abide by them except in emergency
situations. You may not limit the uses and disclosures we are
legally required or allowed to make.
B. The
right to choose how we send PHI to you. You have the
right to ask that we send information to you at an alternate
address (for example, sending something to your work address
rather than your home address) or by alternate means ( for example,
e-mail instead of regular mail). We must agree to your request
so long as we can easily provide it in the format you requested.
C. The
right to see and get copies of your PHI. In most cases,
you have the right to look at or get copies of your PHI that
we have, but you must make the request in writing. If we don't
have your PHI, but know who does, we will tell you how to get
it. We will respond to you within 30 days after receiving your
written request. In certain situations, we may deny your request.
If
we do so, we will tell you, in writing, our reasons for the
denial and explain your right to have the denial reviewed. If
you request copies of your PHI, we will charge you $1.00 for
each page. Instead of providing the PHI you requested, we may
provide you with a summary or explanation of the PHI, as long
as you agree to that and to the cost in advance.
D. The
right to get a list of the disclosures we have made.
You have the right to get a list of instances in which we have
disclosed your PHI. The list will not include uses or disclosures
made for treatment, payment, or health care operations, directly
to you, to your family, or in our facility directory, or pursuant
to a valid authorization. The list also won't include uses and
disclosures made for national security purposes, to corrections
or law enforcement personnel, or before 4/1/03.
We
will respond within 60 days of receiving your request. The list
we will give you will include disclosures made in the last six
years, unless you request a shorter time. The list will include
the date of the disclosure, to whom PHI was disclosed (including
their address, if known), a description of the information disclosed,
and the reason for the disclosure. We will provide the list
to you at no charge, but if you make more than one request in
the same year, we will charge you $50.00 for each additional
request.
E. The
right to correct or update your PHI. If you believe
that there is a mistake in your PHI or that a piece of important
information is missing, you have the right to request that we
correct the existing information or add the missing information.
We will respond within 60 days of receiving your request in
writing. You must provide the request and the reason for the
request in writing. We may deny your request in writing if the
PHI is (i) correct and complete, (ii) not created by us, (iii)
not allowed to be disclosed, or (iv) not part of our records.
Our written denial will state the reasons for the denial and
explain your right to file a written statement of disagreement
with the denial. If you don't file one, you have the right to
request that your request and our denial be attached to future
disclosures of your PHI. If we approve your request, we will
make the change to your PHI, tell you we have done it, and tell
others that need to know about the change to your PHI.
F. The
right to get this notice by e-mail. You have the right
to get a copy of this notice by e-mail. Even if you have agreed
to receive notice via e-mail, you also have the right to request
a paper copy of this notice.
V. How
to complain about our privacy practices.
If you
think that we may have violated your privacy rights, or you
disagree with a decision we made about access to your PHI, you
may file a complaint with the person listed below in Section
VI. You also may send a written complaint to the Secretary of
the Department of Health and Human Services At 200 Independence
Ave. S.W.; Room 615F, Washington, DC, 20201. We will take no
retaliatory action against you if File a complaint about our
privacy practices.
VI. Person
to contact for information about this notice or to complain about
out privacy practices.
If you
have any questions about this notice, or any complaints about
our privacy practices, or would like to know how to file a complaint
with the Secretary of the Department of Health and Human Services,
please contact Linda Frey, Quality Improvement Manager, Community
VNA, 110 West End Ave., Somerville, NJ, 08876, Phone: 908-725-9355,
E-mail: lfrey@communityvna.org.
VII. Effective
date of this notice. This notice went into effect 4/1/03.
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