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HIPAA PRIVACY NOTICE
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.
INTRODUCTION
St. Joseph’s Home, Ogdensburg, New York understands that your medical
information is private and confidential. Further, we are required by law to
maintain the privacy of "protected health information" (PHI). PHI includes
any individually identifiable information that we obtain from you or others
that relates to 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 PHI. 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 PHI we maintain. You can always request a
written copy of our most current privacy notice from the Director of Social
Services at St. Joseph’s Home or you can access it on our website at
www.stjh.org.
PERMITTED USES AND DISCLOSURES
We can disclose your PHI for purposes of treatment, payment and
healthcare 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. For example, a doctor treating you for an injury may
need to know if you have diabetes because diabetes may slow the healing
process. In addition the doctor may need to contact a physical therapist
to create the exercise regimen appropriate for your treatment.
- 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. For example, prior to
providing health care services, we may need to provide information to your
Third Party Payor about your medical condition to determine whether the
proposed course of treatment will be covered. When we subsequently bill
the Third Party Payor for the services rendered to you we can provide the
Third Party Payor with information regarding your care if necessary to
obtain payment. Federal or State law may require us to obtain a written
release from you prior to disclosing certain specially PHI for payment
purposes, and we will ask you to sign a release when necessary under
applicable law.
- Health care operations
means the support functions of the
Nursing Home related to treatment and payment, such as quality assurance
activities, case management, receiving and responding to resident comments
and complaints, physician reviews, compliance programs, audits business
planning, development, management and administrative activities. For
example, we may use your PHI to evaluate the performance of our staff when
caring for you. We may also combine health information about many
residents to decide what additional services we should offer, what
services are not needed and whether certain new treatments are effective.
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 resident 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 PHI
In addition to using and disclosing your information for treatment,
payment and health care operations we may use your PHI 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 PHI directly related to such person’s involvement in
your care or the payment for your care. We may use or disclose your PHI 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.
- We may include certain limited information about you in the Nursing
Home directory , on bulletin boards or newspaper (e.g. your picture at an
activity) while you are a resident at the Nursing Home. This information
may include your name, location in the Nursing Home, your telephone
number, your general condition (e.g. fair, stable, etc.) and your
religious affiliation. The directory information, except for your
religious affiliation, may be released to people who ask for you by name.
Your religious affiliation may be given to members of the clergy, such as
a priest or rabbi even if they do not ask for you by name. This will allow
your family, friends and clergy to visit you in the nursing Home and
generally know how you are doing. You may request that your information
not be listed in the directory or in the newspaper.
- When permitted by law, we may coordinate our uses and disclosures of
PHI 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 PHI
when we determine, in our professional judgment that it is in your best
interest to make such disclosures.
- Subject to applicable law, we may make incidental uses and disclosures
of PHI. Incidental uses and disclosures are by-products of otherwise
permitted uses or disclosures which are limited in nature and cannot be
reasonably prevented.
- We may contact you or your family/friends as part of our fund-raising
and marketing efforts as permitted by applicable law.
- We may use or disclose your PHI 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 residents who
received a particular medication. All research projects are subject to a
special approval process, which balances research needs with a resident’s
need for privacy. When required, we will obtain a written authorization
from you prior to using your PHI for research.
- We will use or disclose PHI about you when required to do so by
applicable law. (Note: In accordance with applicable law, we may disclose
your PHI to your employer if you have a work related illness or injury.
You will be notified of these disclosures by your employer or the Nursing
Home as required 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 PHI 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 PHI about foreign military personnel to
the appropriate foreign military authority.
- Worker’s Compensation.
We may release PHI about you for programs
that provide benefits for work related injuries or illnesses.
- Public Health Activities.
We may disclose PHI about you for public
health activities including disclosures:
- to prevent or control disease, injury or disability
- to report births and deaths
- to report child abuse or neglect
- 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
- to notify a person who may gave been exposed to a disease or may be
at risk for contracting or spreading a disease or condition
- to notify the appropriate government authority if we believe that an
adult resident has been the victim of abuse, neglect or domestic
violence. We will only make this disclosure if the resident agrees or
when required or authorized by law.
- Health Oversight Activities
. We may disclose PHI 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 PHI about you in response to a court or
administrative order. We may also disclose PHI about you in response to a
subpoena, discovery request, or other lawful process.
- Law Enforcement
. We may release PHI if asked to do so by a law
enforcement official:
- In response to a court order, subpoena, warrant, summons or similar
process
- To identify or locate a suspect, fugitive, material witness, or
missing person
- About the victim of a crime under certain limited circumstances
- About a death we believe may be the result of criminal conduct
- About criminal conduct on our premises
- 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
PHI 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 PHI about residents to funeral directors as
necessary to carry out their duties.
- National Security and Intelligence Activities
. We may release PHI
about you to authorized Federal officials for intelligence, counter
intelligence, or other national security activities authorized by law.
- Protective Services for the President and Others
. We may disclose
PHI 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 PHI 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 PHI 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 PHI 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 PHI 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
or PHI for treatment, payment and healthcare operation. However, we are
not required to agree to your request. To request a restriction, you must
make your request in writing to the Administrator, St. Joseph’s Home,
Ogdensburg, New York.
- You have the right to reasonably request to receive confidential
communications of PHI by alternative means or at alternative locations. To
make such a request, you must submit your request in writing to the
Administrator, St. Joseph’s Home, Ogdensburg, New York.
- You have the right to inspect and copy the PHI contained in your
medical and billing records and in any other Nursing Home record used by
us to make decisions about your except:
- for psychotherapy notes, which are notes that have been recorded by
a mental health professional documenting or analyzing the content 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
- for information compiled in reasonable anticipation of, or for use
in, a civil, criminal, or administrative action or proceeding
- for PHI involving laboratory tests when your access is restricted by
law
- 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
- if we obtained or created PHI as part of a research study, your
access to the PHI 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
- for PHI contained in records kept by a Federal agency or contractor
when your access is restricted by law and
- for PHI 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 the Administrator, St. Joseph’s Home, Ogdensburg,
New York. If you request a copy of your PHI 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:
- 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
- the PHI 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
- the request for access is made by the individual’s personal
representative and a licensed health care professional has, 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 descried
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 PHI, but we may
deny your request for amendment, if we determine that the PHI or record
that is the subject of the request:
- was not created by us, unless you provide a reasonable basis to
believe that the originator or PHI is no longer available to act on the
requested amendment
- is not part of your medical or billing records or other records used
to make decisions about you
- is not available for inspection as set forth above, or
- 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 PHI, you must submit your request in writing
to the Administrator, St. Joseph’s Home, Ogdensburg, New York, along with
a description of the reason for your request.
- You have the right to receive an accounting of disclosures of PHI made
by us to individuals or entities other than to you for the six prior
years, except for disclosures:
- to carry out treatment, payment and health care operations as
provided above
- incident to a use or disclosure otherwise permitted or required by
applicable law
- pursuant to a written authorization obtained from you
- for the Nursing Home’s directory or to persons involved in your care
or for other notification purposes as provided by law
- for national security or intelligence purposes as provided by law
- to correctional institutions or law enforcement officials as
provided by law
- as part of a limited data set as provided by law or
- that occurred prior to April 14, 2003.
To request an accounting of disclosures of your PHI you must submit
your request in writing to the Administrator, St. Joseph’s Home,
Ogdensburg, New York. 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 your 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 the Director of Social Services at St. Joseph’s Home,
315.393.3780. We will not take action against your 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 the Director of Social Services at St. Joseph’s Home,
315.393.3780.
This notice is effective April 14, 2003. |