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Reference: HIPAA Act of 1996 (Public Law 104-191)
Subject:
NOTICE OF PRIVACY AND PRACTICES
PURPOSE:
To provide patients
with adequate notice of the uses and disclosures of protected
health information that New Haven Home Health Services, Inc. may
make while providing care and services. To inform patients of
their rights and the agency’s legal duties with respect to
protected health information.
POLICY:
New Haven
Home Health Services respects and safeguards all protected health
information of the patients it serves. All patients or their
legal representatives will receive a copy of New Haven Home Health
Services’ Notice of Privacy Practices no later than the date of
the first service delivery on or after April 14, 2003. New Haven
Home Health Services will make a good faith effort to obtain the
patient’s written acknowledgment of receipt of this notice.
PROCEDURE:
1.
During the admission visit, the
patient will be given a notice of privacy practices that is
written in plain language and contains the following elements:
A.
The following statement
will be placed as a header or otherwise prominently displayed:
“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.”
B.
Information regarding
uses and disclosures:
1.
A description, including
at least one example, of the types of uses and disclosures that
New Haven Home Health Services, Inc. is permitted to make for each
of the following purposes: treatment, payment and health care
operations for direct and indirect treatment relationship.
2.
A description of each of
the other purposes for which New Haven Home Health Services, Inc.
is permitted or required to use or disclose protected health
information without the patient’s consent or organization, such as
patient and Health and Human Services for privacy compliance
purposes.
3.
When use or disclosure
for any purpose in treatment payment and operation or permitted
disclosure is prohibited or materially limited by any other
applicable law, the notice will reflect the more stringent law.
4.
The descriptions will
include sufficient detail to put the patient on notice of the uses
and disclosures that are permitted or required by applicable law.
5.
A statement that other
uses and disclosures will be made only with the patient’s or legal
representative’s written authorization and that the patient may
revoke the authorization at any time. See “Use of Authorizations”
Policy.
C.
Separate statements of
uses and disclosures related to the following activities:
1. That
New Haven Home Health Services, Inc. may contact the patient to
raise funds for the home health organization if applicable.
2. That
New Haven Home Health Services, Inc. may contact the patient to
provide appointment reminders or information about treatment
alternatives or other related benefits and services that may be of
interest to the patient.
D.
A statement of the
patient’s rights with respects to protected health information and
a brief description of how the patient may exercise those rights:
1. The
right to request restrictions on certain uses and disclosures of
protected health information, including the statement that New
Haven Home Health Services is not required to agree to a requested
restriction.
2. The
right to receive confidential communications of protected health
information.
3. The
right to inspect and copy protected health information.
4. The
right to amend protected health information.
5. The
right to receive an accounting of disclosures of protected health
information.
6. The
right to obtain a paper copy of the notice upon request.
7.
See “Patient Privacy
Rights” Policy.
E.
A statement of New Haven
Home Health Services’ duties with respect to maintaining privacy
of protected health information:
1. New
Haven Home Health Services, Inc. is required by law to maintain
the privacy of protected health information and to provide
patients with notice of its legal duties and privacy practices.
2. New
Haven Home Health Services, Inc. is required to abide by the terms
of the notice currently in effect.
3.
New Haven Home Health
Services, Inc. reserves the right to change the terms of its
notice and make the new notice provisions effective for all
protected health information that it maintains. The notice will
describe how the new notice will be provided to individuals.
F.
A statement that
patients may complain to New Haven Home Health Services and to the
Secretary of the Department of Health and Human Services if they
believe their privacy rights have been violated, instructions on
how to file the complaint, and a statement that the patient will
not be retaliated against for filing a complaint.
G.
The name, or title, and
telephone number of a person or office to contact to file a
complaint or to obtain further information about matters covered
in the notice. Arleen Santos, Director of Patient Care Services,
is designated as the Privacy and Security Officer of HIPAA and can
be contacted at New Haven Home Health Services, Inc. at (650)
301-1660.
H.
The date on which the
notice is first in effect, which will not be earlier than the date
on which the notice is printed or otherwise published.
2. New
Haven Home Health Services will make a good faith effort to obtain
the patient’s written acknowledgment of receipt of this notice.
If an acknowledgment cannot be obtained, the admitting clinician
will document his or her efforts to obtain the acknowledgment and
the reason why it was not obtained in the clinical note.
3. The
notice will be promptly revised and distributed as soon as
practicable by mail or hand delivery whenever there is a material
change to the uses or disclosures, the individual’s rights, New
Haven Home Health Services, Inc.’s duties, or other privacy
practices stated in the notice. A material change to any term of
the notice will not be implemented prior to the effective date of
the revised notice, unless required by law.
4. New
Haven Home Health Services will prominently post the notice and
make the notice available through its website.
Click here for New Haven Home Health Services’
Notice of Privacy Practices
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