NOTICE
OF HOSPICE PRIVACY PRACTICES
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.
USE
AND DISCLOSURE OF HEALTH INFORMATION
Southeast
Texas Hospice 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.
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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 may use your health information to evaluate
its staff performance, combine your health information with other
Hospice patients in evaluating how to more effectively serve all
Hospice patients, disclose your health information to Hospice
staff and contracted personnel for training purposes, use your
health information to contact you as a reminder regarding a visit
to you, or contact you as part of general fundraising and community
information mailings (unless you tell us you do not want to be
contacted).
For Fundraising Activities. The Hospice may use information about
you including your name, address, phone number and the dates you
received care in order to contact you or your family to raise
money for the Hospice. The Hospice may also release this information
to a related Hospice foundation. If you do not want the Hospice
to contact you or your family, notify Privacy Officer at 409-886-0622
and indicate that you do not wish to be contacted.
For Appointment Reminders. The Hospice may use and disclose your
health information to contact you as a reminder that you have
an appointment for a home visit.
For
Treatment Alternatives. The Hospice may use and disclose your
health information to tell you about or recommend possible treatment
options or alternatives that may be of interest to you.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND
PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY ALSO BE USED AND
DISCLOSED.
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.
For Research Purposes. The Hospice may, under very select circumstances,
use your health information for research. Before the Hospice discloses
any of your health information for such research purposes, the
project will be subject to an extensive approval process.
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 [insert title of Hospice contact
person.]
-
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 Privacy Officer, 409-886-0622.
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 Privacy Officer, Southeast Texas
Hospice, P.O. Box 2385, Orange, Texas 77630. 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 Privacy Officer, Southeast Texas Hospice, P.O.Box
2385, Orange, Texas 77630. 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 Privacy Officer,
Southeast Texas Hospice, P.O. Box 2385, Orange, Texas 77630. 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 Privacy Officer,
Southeast Texas Hospice, P.O. Box 2385, Orange, Texas 77630. 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.setxhospice.com.
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 Privacy Officer, Southeast
Texas Hospice, P.O. Box 2385, Orange, Texas 77630. 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 Privacy Officer] as its contact
person for all issues regarding patient privacy and your rights
under the Federal privacy standards. You may contact this person
at Southeast Texas Hospice, P.O.Box 2385, Orange, Texas 77630,
409-886-0622].
EFFECTIVE
DATE
This Notice is effective April 14, 2003.
IF
YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT Privacy
Officer, Southeast Texas Hospice, P.O. Box 2385, Orange, Texas
77630, 409-886-0622].