New Haven Home Health Services, Inc.
Notice of Privacy Practices
NEW HAVEN HOME HEALTH SERVICES, INC.
Date Published/Printed Privacy Notice:
03/24/2003
Effective
Date of Privacy Notice:
04/07/2003
THIS NOTICE DESCRIBES HOW MEDICAL
INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS
TO THIS INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY
As a patient receiving health
services and care, we understand you may be concerned about how your medical
and other health-related information may be handled. That is why we, as an
organization, are committed to ensuring patient privacy and confidentiality
to you and others that we serve. That is also why we have developed this
Notice, made it available to you, and why we, as an organization, are
dedicated to abiding by the terms of the Notice, as currently in effect. To
the extent you may have any questions or concerns relating to the matters
and issues addressed in this Notice, please do not hesitate to contact:
Arleen B. Santos, RN, Director of Patient Care Services/ Privacy Officer.
I.
General
This notice is drafted and provided
to you, consistent to the requirements of the privacy rules ("Privacy
Rules") of the Health Insurance Portability and Accountability Act
("HIPAA"). As a health care provider, we are committed to meet the
requirements of the law to maintain the privacy of your and other patients�
Protected Health Information, and to provide you with this Notice of your
legal duties and our privacy practices relating to your Protected Health
Information.
As you may already know, the
privacy rules of the Health Insurance Portability and Accountability Act
("HIPAA") have come into effect. The HIPAA Privacy Rules mark this nation�s
first set of comprehensive standards to ensure patient privacy and
confidentiality. We, as a health care provider, are subject to the
requirements of the HIPAA Privacy Rules. Equally, or perhaps more important,
we are committed as an organization to continually strive to act
consistently with the underlying purpose and philosophy of the HIPAA Privacy
Rules- to properly safeguard and protect from improper disclosure health
information that either identifies you or can be reasonably used to
ascertain your identity, and which is transferred or maintained to another
party in electronic or other form. This information is what this Notice
refers to as "Protected Health Information".
II.
Uses/Disclosures Related To Treatment, Payment Or Health Care Operations
The law permits us to use and/or
disclose Protected Health Information to carry out treatment, payment and
other health care operations.
Treatment:
An example of when we might use/disclose your Protected Health Information
for treatment/care purposes is when your medical/health information is
needed by another health care provider, such as a hospital, to better
understand your medical/health condition, properly diagnose, care and treat
you. Another example is when we might disclose certain information about a
patient to facilitate a pharmacy�s filling your prescription.
Payment.
An example of when we might use/disclose Protected Health Information for
payment purposes is when we disclose your Protected Health Information to
your insurance company to facilitate our ability to receive reimbursement
from that health insurance company. When we disclose information for payment
purposes, we will work to only disclose that Protected Health Information
which is minimally necessary to ensure proper and timely payment of claims.
Health Care Operations:
Best described, the term Health Care Operations means those other functions
and activities that we perform, which allow us to best serve you as a health
care provider. Some examples of what constitute Health Care Operations are
when we use and/or disclose your Protected Health Information for quality
assessment and improvement activities- to make us a better health care
provider to serve you. Another example may be when we use and/or disclose
Protected Health Information to better manage our operations, such as when
we share information with a Business Associate to ensure proper accounting
and record-keeping relating to our services.
III.
Uses/Disclosures When an Authorization is not Required
In some cases, the law permits us to
use and/or disclose Protected Health Information, without requiring you to
sign an Authorization. In many cases, these types of uses and/or disclosures
are permitted to promote the government�s need to ensure a safe and healthy
society. In other cases, the law does not require an Authorization because
it would be impracticable to require an Authorization.
The law also permits us to
use/disclose Protected Health information for certain specific purposes,
where we are not specifically required to obtain your advance written
Authorization. Whenever doing so, we are committed to make sure that we meet
the necessary pre requisites before using/disclosing your Protected Health
Information for those purposes, and to not use/disclose more of your
Protected Health Information than is otherwise required/ permitted under the
law.
There are several types of areas
where the law permits us to use/disclose Protected Health Information in
good faith, and consistent with requirements of the HIPAA Privacy Rules and
other laws. Sometimes, emergency circumstances may dictate our need to use
and/or disclose Protected Health Information without obtaining an
Authorization, to properly treat and care for patients.
In other cases, the law emphasizes
society�s need for disclosing Protected Health Information without first
requiring patients to enter into Authorization. These types of
uses/disclosures of Protected Health Information include those: to avert
communicable or spreading diseases; for public health activities; for
federal intelligence, counter-intelligence and national security purposes;
to properly assist law enforcement to carry out their duties; when a judge
or administrative tribunal order the release of such Protected Health
Information; for cadaveric organ, eye and tissue donations (where
appropriate); to help apprehend criminals; to assist armed forces personnel
and operations; for military service, veterans affairs separation/discharge
matters; for coroner/medical examiner purposes; for health oversight
purposes (such as when the government requests certain information from us);
to assist victims of abuse, neglect or domestic violence; to address
work-related illness/workplace injuries and for workers� compensation
purposes; to carry out clinical research that involves treatment where the
proper body has determined the importance for doing so; for FDA-related
purposes; for certain health and safety purposes; for funeral/funeral
director purposes; to help determine veterans eligibility status; to protect
Presidential and other high-ranking officials; to correctional
institutions/law enforcement officials acting in a custodian capacity;
In addition, the law recognizes
that there are certain instances where using and/or disclosing Protected
Health Information, without first requiring an Authorization, would not
unduly intrude upon a patient�s rights to privacy and confidentiality, and
where it would be too administratively burdensome to require an
Authorization. An immediate example is when the use and/or disclosure of the
Protected Health Information is made to the patient, him/herself, or to a
personal representative of the patient who the law requires to be treated as
the patient. Other types of uses/disclosures include those made to prepare
and maintain facility directories; to notify family members and close others
about the patient�s condition and/or location; or for disaster relief
purposes. In those cases, although an Authorization is not required, we will
attempt to provide you with the opportunity to verbally or otherwise
agree/object to the use/disclosure, to the extent required by the HIPAA
Privacy Rules.
IV.
Uses/Disclosures Where An Authorization Is Required
For other types of uses and/or
disclosures of Protected Health Information, the law requires us to obtain
what is known as an Authorization. An Authorization can be revoked by you at
any time, as long as we have not already reasonably relied on it to make a
particular use and/or disclosure.
Some examples of where the
Authorization form would be required include when the uses/disclosures are
made to a patient�s employer for disability, fitness for duty or drug
testing purposes. Other examples include certain types of marketing
activities.
V. Appointment Reminders And Information on
Treatment Alternatives
We may use and/or disclose your
Protected Health Information, as appropriate, for appointment reminders and
to provide you with information on potential treatment alternatives.
From time to time, we may need to
use and/or disclose your Protected Health Information to provide you with
information about treatment alternatives or other health-related benefits
and services.
VI.
Uses/Disclosures For Fundraising Purposes
To the extent permitted by the HIPAA
Privacy Rules, we may use and/or disclose your Protected Health Information
for fundraising purposes.
From time to time, we - consistent
with the limits posed by the HIPAA Privacy Rules - may use and/or disclose
your Protected Health Information. In doing so, we are committed to meeting
the requirements of the HIPAA Privacy rules to best ensure patient privacy
and confidentiality. In some instances, you may have the right under the
HIPAA Privacy Rules to opt out of such communications.
VII. Your Right To
Request Additional Restrictions On The Use/Disclosure Of Protected Health
Information
You have the right to request
additional restrictions relating to the use and/or disclosure of your
Protected Health Information. Although we are not legally required to grant
such additional restrictions, it is your right to make such a request.
As an organization committed to
recognizing patient privacy and confidentiality, we recognize and respect
your right as a patient to request additional restrictions on how you are
otherwise permitted to use and/or disclose Protected Health Information,
beyond those otherwise required under the HIPAA Privacy Rules. This includes
your right to request confidential communications when their Protected
Health Information is involved. Please note, however, that we are not
legally required under the HIPAA Privacy Rules to agree to the requested
restriction.
VIII.
Your Right to Obtain Access to Protected Health
Information
You have the right to obtain access
to your Protected Health Information, consistent with the provisions of the
HIPAA Privacy Rules.
You have the right to request and
obtain access to your Protected Health Information, to the extent required
by and consistent with the HIPAA Privacy Rules. We reserve the right to deny
access to Protected Health Information that is not otherwise required to be
given under the HIPAA Privacy Rules or other applicable law.
We reserve the right to charge you
a reasonable, cost-based fee for copying (including the cost of supplies and
labor) any Protected Health Information required to be copied to adequately
respond to your access request, as well as any postage costs and costs
associated with preparing an explanation of summary of the Protected Health
Information necessary to adequately respond to your access request (unless
otherwise precluded by applicable State or other law).
IX.
Your Right to Amend Protected Health Information
You have the right to amend your
Protected Health Information, to the extent permitted and consistent with
the provisions of the HIPAA Privacy Rules.
You have the right to request that
we amend your Protected Health Information, to the extent of and consistent
with the HIPAA Privacy Rules. Please note that we reserve the right to,
among other things, deny requests for amendments that are not required to be
granted under the HIPAA Privacy Rules, including when the Protected Health
Information at issue is accurate and complete.
X.
Your Right to an Accounting of Disclosures of
Protected Health Information
You have the right to an accounting
of disclosures of your Protected Health Information, to the extent permitted
and consistent with the provisions of the HIPAA Privacy Rules.
You have the right to request and
obtain a proper accounting of disclosures we have made of your Protected
Health Information, consistent with the requirements of the HIPAA Privacy
Rules. Please note that, under this section, we reserve the right to, among
other things, limit any such accountings to disclosures made after the
compliance date of the HIPAA Privacy Rules, as well as deny accounting
requests that are otherwise not required under the HIPAA Privacy Rules.
In providing you with an accounting
of your Protected Health Information, we reserve the right to charge you a
reasonable, cost-based fee in connection with any second or other subsequent
accounting request you may make during a twelve (12) month period. In
reserving the right to charge you such fees, you should note that you have
the opportunity to withdraw or modify any such second or other such
accounting request made during that twelve (12) month period, to permit you
to avoid/reduce the fees charged.
XI.
Your Right to Obtain a Paper Copy of This Notice
You have the right to obtain a paper
copy of this Notice.
You have the right to obtain a
paper copy of this Notice. If you do not already have a paper copy of this
Notice, please do not hesitate to contact Eunice Bejar-Lee, RN,
Administrator, New Haven Home Health Services, in order to receive one. In
addition to providing you the right to obtain a paper copy of the Notice, we
may also provide copies of our Notice via e-mail and/or website, to
the extent applicable and as permitted by the HIPAA Privacy Rules. This,
however, does not alleviate our duty to provide you with a paper copy of the
Notice upon request.
XII. Your Right to
Complain About How Your Protected Health Information Is Handled
We recognize and respect your right
to file a complaint against us, if you believe in good faith that we have
violated your privacy rights, including under the HIPAA Privacy Rules. We do
not retaliate against persons who file such complaints either with us or
with the United States Department of Health and Human Services Office of
Civil Rights.
You have the right to complain to
us about how we handle your Protected Health Information, including if you
believe in good faith that we may have violated your privacy rights under
the law. To register a complaint with us, you may either write, call or
request to see New Haven Home Health Services.
We do not have a rigid set of
requirements for you to file a complaint. Rather, we simply ask that you
provide us the necessary information to properly and timely follow-up on
your concern/complaint, so that we may be able to address it in the most
proactive and effective manner.
In addition, if you believe we have
not been attentive and have violated your privacy rights, you also have the
right to contact the United States Department of Health and Human Services
("HHS") about us. The office within HHS responsible for processing and
reviewing complaints relating to the HIPAA Privacy Rules, and for enforcing
the HIPAA Privacy Rules is the HHS Office of Civil Rights ("OCR").
You may contact the HHS OCR about
any complaints you have, as follows:
Medical Privacy, Complaint Division, Office of Civil
Rights,
United States Department of Health and Human Services,
200 Independence Avenue, S.W., Room 509F,
HHH Building, Washington D.C. 20201;
Voice Hotline Number (800) 368-1019;
Internet Address
www.hhs.gov/ocr
We again emphasize that it is
against our policies and procedures to retaliate against any patient who has
filed a privacy complaint, either with us or the HHS OCR. Should you believe
that we might have retaliated against you in any way upon your filing a
complaint with us or the HHS OCR, please immediately contact New Haven Home
Health Services, so that we may properly address that issue for you.
XIII.
Changes to the Terms of Our Notice of Privacy
Practices
We reserve the right to change the
terms of our notice of privacy practices at any time and to make the new
notice provisions effective for all protected health information that we
maintain. If there is a change, we will notify you as soon as practicable by
mail or hand delivery.
XIII.
Contact Information
Should you have any questions,
concerns or issues relating to the topics covered in this Notice, we have
established a specific contact person/office for you to contact. In
addition, we have also designated a person/office to receive and properly
handle any privacy complaints you have, including where you in good faith
believe that we have violated your privacy rights under the HIPAA Privacy
Rules.
We have designated the following
person/office for you to contact in the event you may have any questions,
concerns or issues relating to the matters addressed in this Notice.
The person/office we have
designated to assist you is as follows: