may use your health
information, information that constitutes protected health information as
defined in the Privacy Rule of the Administrative Simplification
provisions of the Health Insurance Portability and Accountability Act of
1996, for purposes of providing you treatment, obtaining payment for your
care and conducting health care operations. The Hospice has established
policies to guard against unnecessary disclosure of your health
information.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND
PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED:
To Provide Treatment. The Hospice may use your health
information to coordinate care within the Hospice and with others involved
in your care, such as your attending physician, members of the Hospice
interdisciplinary team and other health care professionals who have agreed
to assist the Hospice in coordinating care. For example, physicians
involved in your care will need information about your symptoms in order
to prescribe appropriate medications. The Hospice also may disclose your
health care information to individuals outside of the Hospice involved in
your care including family members, clergy who you have designated,
pharmacists, suppliers of medical equipment or other health care
professionals.
To Obtain Payment. The Hospice may include your health
information in invoices to collect payment from third parties for the care
you receive from the Hospice. For example, the Hospice may be required by
your health insurer to provide information regarding your health care
status so that the insurer will reimburse you or the Hospice. The Hospice
also may need to obtain prior approval from your insurer and may need to
explain to the insurer your need for hospice care and the services that
will be provided to you.
To Conduct Health Care Operations. The Hospice may use and
disclose health information for its own operations in order to facilitate
the function of the Hospice and as necessary to provide quality care to
all of the Hospice’s patients. Health care operations includes such
activities as:
- Quality assessment and improvement activities.
- Activities designed to improve health or reduce health care
costs.
- Protocol development, case management and care coordination.
- Contacting health care providers and patients with information
about treatment alternatives and other related functions that do not
include treatment.
- Professional review and performance evaluation.
- Training programs including those in which students, trainees
or practitioners in health care learn under supervision.
- Training of non-health care professionals.
- Accreditation, certification, licensing or credentialing
activities.
- Review and auditing, including compliance reviews, medical
reviews, legal services and compliance programs.
- Business planning and development including cost management and
planning related analyses and formulary development.
- Business management and general administrative activities of
the Hospice.
- Fundraising for the benefit of the Hospice.
For example the Hospice
When Legally Required. The Hospice will disclose your
health information when it is required to do so by any Federal, State or
local law.
When There Are Risks to Public Health. The Hospice may
disclose your health information for public activities and purposes in
order to:
- Prevent or control disease, injury or disability, report
disease, injury, vital events such as birth or death and the conduct
of public health surveillance, investigations and interventions.
- Report adverse events, product defects, to track products or
enable product recalls, repairs and replacements and to conduct
post-marketing surveillance and compliance with requirements of the
Food and Drug Administration.
- Notify a person who has been exposed to a communicable disease
or who may be at risk of contracting or spreading a disease.
- Notify an employer about an individual who is a member of the
workforce as legally required.
To Report Abuse, Neglect Or Domestic Violence. The Hospice is
allowed to notify government authorities if the Hospice believes a patient
is the victim of abuse, neglect or domestic violence. The Hospice will
make this disclosure only when specifically required or authorized by law
or when the patient agrees to the disclosure.
To Conduct Health Oversight Activities. The Hospice may
disclose your health information to a health oversight hospice for
activities including audits, civil administrative or criminal
investigations, inspections, licensure or disciplinary action. The
Hospice, however, may not disclose your health information if you are the
subject of an investigation and your health information is not directly
related to your receipt of health care or public benefits.
In Connection With Judicial And Administrative Proceedings. The
Hospice may disclose your health information in the course of any judicial
or administrative proceeding in response to an order of a court or
administrative tribunal as expressly authorized by such order or in
response to a subpoena, discovery request or other lawful process, but
only when the Hospice makes reasonable efforts to either notify you about
the request or to obtain an order protecting your health information.
For Law Enforcement Purposes. As permitted or required by State
law, the Hospice may disclose your health information to a law enforcement
official for certain law enforcement purposes as follows:
- As required by law for reporting of certain types of wounds or
other physical injuries pursuant to the court order, warrant,
subpoena or summons or similar process.
- For the purpose of identifying or locating a suspect, fugitive,
material witness or missing person.
- Under certain limited circumstances, when you are the victim of
a crime.
- To a law enforcement official if the Hospice has a suspicion
that your death was the result of criminal conduct including
criminal conduct at the Hospice.
- In an emergency in order to report a crime.
To Coroners And Medical Examiners. The Hospice may disclose
your health information to coroners and medical examiners for purposes of
determining your cause of death or for other duties, as authorized by law.
To Funeral Directors. The Hospice may disclose your health
information to funeral directors consistent with applicable law and if
necessary, to carry out their duties with respect to your funeral
arrangements. If necessary to carry out their duties, the Hospice may
disclose your health information prior to and in reasonable anticipation
of your death.
For Organ, Eye Or Tissue Donation. The Hospice may use or
disclose your health information to organ procurement organizations or
other entities engaged in the procurement, banking or transplantation of
organs, eyes or tissue for the purpose of facilitating the donation and
transplantation.
In the Event of A Serious Threat To Health Or Safety. The
Hospice may, consistent with applicable law and ethical standards of
conduct, disclose your health information if the Hospice, in good faith,
believes that such disclosure is necessary to prevent or lessen a serious
and imminent threat to your health or safety or to the health and safety
of the public.
For Specified Government Functions. In certain circumstances,
the Federal regulations authorize the Hospice to use or disclose your
health information to facilitate specified government functions relating
to military and veterans, national security and intelligence activities,
protective services for the President and others, medical suitability
determinations and inmates and law enforcement custody.
For Worker's Compensation. The Hospice may release your health
information for worker's compensation or similar programs.
AUTHORIZATION TO USE OR DISCLOSE HEALTH INFORMATION
Other than is stated above, the Hospice will not disclose your health
information other than with your written authorization. If you or your
representative authorizes the Hospice to use or disclose your health
information, you may revoke that authorization in writing at any time.
YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION
You have the following rights regarding your health information that
the Hospice maintains:
- Right to request restrictions. You may request
restrictions on certain uses and disclosures of your health
information. You have the right to request a limit on the Hospice
‘s disclosure of your health information to someone who is
involved in your care or the payment of your care. However, the
Hospice is not required to agree to your request. If you wish to
make a request for restrictions, please contact Janice Bryant,
Assistant Director, (903) 868-9315.
- Right to receive confidential communications. You
have the right to request that the Hospice communicate with you in a
certain way. For example, you may ask that the Hospice only conduct
communications pertaining to your health information with you
privately with no other family members present. If you wish to
receive confidential communications, please contact Janice
Bryant, Assistant Director, (903) 868-9315. The Hospice will
not request that you provide any reasons for your request and will
attempt to honor your reasonable requests for confidential
communications.
- Right to inspect and copy your health information.
You have the right to inspect and copy your health information,
including billing records. A request to inspect and copy records
containing your health information may be made to Janice
Bryant, Assistant Director, (903) 868-9315. If you request a
copy of your health information, the Hospice may charge a reasonable
fee for copying and assembling costs associated with your request.
- Right to amend health care information. You or
your representative have the right to request that the Hospice amend
your records, if you believe that your health information is
incorrect or incomplete. That request may be made as long as the
information is maintained by the Hospice. A request for an amendment
of records must be made in writing to Janice Bryant, Assistant
Director, (903) 868-9315. The Hospice may deny the request
if it is not in writing or does not include a reason for the
amendment. The request also may be denied if your health information
records were not created by the Hospice, if the records you are
requesting are not part of the Hospice‘s records, if the health
information you wish to amend is not part of the health information
you or your representative are permitted to inspect and copy, or if,
in the opinion of the Hospice, the records containing your health
information are accurate and complete.
- Right to an accounting. You or your
representative have the right to request an accounting of
disclosures of your health information made by the Hospice for
certain reasons, including reasons related to public purposes
authorized by law and certain research. The request for an
accounting must be made in writing to Janice Bryant, Assistant
Director, (903) 868-9315. The request should specify the
time period for the accounting starting on or after April 14, 2003.
Accounting requests may not be made for periods of time in excess of
six (6) years. The Hospice would provide the first accounting you
request during any 12-month period without charge. Subsequent
accounting requests may be subject to a reasonable cost-based fee.
- Right to a paper copy of this notice. You or your
representative have a right to a separate paper copy of this Notice
at any time even if you or your representative have received this
Notice previously. To obtain a separate paper copy, please contact Janice
Bryant, Assistant Director, (903) 868-9315. The
patient or a patient’s representative may also obtain a copy of
the current version of the Hospice’s Notice of
Privacy Practices at its website, www.homehospice.org
DUTIES OF THE HOSPICE
The Hospice is required by law to maintain the privacy of your health
information and to provide to you and your representative this Notice of
its duties and privacy practices. The Hospice is required to abide by the
terms of this Notice as may be amended from time to time. The Hospice
reserves the right to change the terms of its Notice and to make the new
Notice provisions effective for all health information that it maintains.
If the Hospice changes its Notice, the Hospice will provide a copy of the
revised Notice to you or your appointed representative. You or your
personal representative have the right to express complaints to the
Hospice and to the Secretary of DHHS if you or your representative believe
that your privacy rights have been violated. Any complaints to the Hospice
should be made in writing to Janice Bryant, Assistant Director,
(903) 868-9315. The Hospice encourages you to express any concerns
you may have regarding the privacy of your information. You will not be
retaliated against in any way for filing a complaint.
CONTACT PERSON
The Hospice has designated the Janice Bryant, Assistant Director,
as its contact person for all issues regarding patient privacy and
your rights under the Federal privacy standards. You may contact this
person at 505 W. Center Street, Sherman, Texas 75090, (903)
868-9315.
EFFECTIVE DATE
This Notice is effective April 14, 2003.
IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT Janice
Bryant, Assistant Director, (903) 868-9315, 505 W. Center Street, Sherman,
Texas 75090.