Notice of Hospice Privacy Practices
Section I - Use and
Disclosure
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
Hospice of Southwest Oklahoma, Inc. ("Hospice") may use your health
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.
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 MAYBE USED
AND DISCLOSED:
To Provide Treatment. Hospice may use your health
information to coordinate care with Hospice and others involved
in your care, such as your attending physician, members of
Hospice interdisciplinary team and other health care professionals
who have agreed to assist Hospice in coordinating care. For
example, physicians involved in your care will need information
about your symptoms in order to prescribe appropriate medications. Hospice also may disclose your health care information to
individuals outside of 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. Hospice may include your health
information in invoices to collect payment from third parties for
the care you receive from Hospice. For example, Hospice maybe
required by your health insurer to provide information regarding your
health care status so that the insurer will reimburse you or Hospice. 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. Hospice may use and
disclose health information for its own operations in order to
facilitate the function of Hospice and as necessary to
provide quality care to all of Hospice's patients. Health care operations
include 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 evaluations.
Training
programs including those in which students, trainees or practitioners
in health care learn under supervision.
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 analysis and formal development.
Business
management and general administrative activities of Hospice.
For example, 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, or use your health
information to contact you as a reminder regarding a visit to you.
For Appointment Reminders. 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. Hospice may use your health
information to tell you about or recommend possible treatment options
or alternatives that maybe 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. Hospice will disclose your
health information when it is required to do so by any federal,
state or local law.
When There Are Risk to Public Health. 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 tract 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 maybe 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. Hospice is allowed
to notify government authorities if Hospice believes a patient is the victim
of abuse, neglect or domestic violence. Hospice will make this disclosure
only when specifically required or authorized by the law or when the patient
agrees to the disclosure.
To Conduct Health Oversight Activities. Hospice may disclose your
health information to a health oversight hospice for activities including
audits, civil administrative or criminal investigations, inspection, licensure
or disciplinary Action. 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.
Hospice may disclose your health information in the course of any judicial or
administrative proceedings 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 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,
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 Hospice has a suspicion that your death was
the result of criminal conduct including criminal conduct at Hospice.
In an
emergency in order to report a crime.
To Coroners And Medical Examiners. 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. 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, Hospice may disclose your health information prior
to and in reasonable anticipation of you death.
For Organ, Eye Or Tissue Donation. 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. Hospice may, under very select
circumstances, use your health information for research. Before Hospice
discloses any of your health information for such purposes, the project will be
subject to an extensive approval process.
In The Event of A Serious Threat To Health Or Safety. Hospice may,
consistent with applicable law and ethical standards of conduct, disclose your
health information if 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 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. 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, Hospice will not disclose your health
information other than with your written authorization. If you or your
representative authorizes 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 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 Hospice's disclosure of your health information to someone who is
involved in your care or the payment of your care. However, Hospice is not
required to agree to your request. If you wish to make a request for
restrictions, please contact:
Chief Executive Officer or Director of Patient Care
PO Box 2074, Lawton,
Oklahoma 73502 OR
1930 Ferris, Suite 5,
Lawton, Oklahoma 73507
(580) 248-5885
Right to receive confidential communications. You have the right to
request that Hospice communicate with you in a certain way. For example, you
may request that Hospice only conduct communications pertaining to your
health information with you privately with no other family member present. If
you wish to receive confidential communications, please contact:
Director of
Patient Care
PO Box 2074, Lawton, Oklahoma 73502
OR
1930 Ferris, Suite 5,
Lawton, Oklahoma 73507
(580) 248-5885
Hospice will not request that you
provide any reasons for your request and will attempt to honor your reasonable
request for confidential communication.
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:
Chief Executive Officer
PO Box 2074, Lawton, Oklahoma 73502
OR
1930
Ferris, Suite 5, Lawton, Oklahoma 73507
(580) 248-5885
If you request a copy of
your health information, Hospice may charge a reasonable fee for coping and
assembling costs associated with your request.
Right to amend health care information. You or your representative
have the right to request that Hospice amend your records, if you believe
that your health information is incorrect or incomplete. That request maybe made
as long as the information is maintained by Hospice. A request for an
amendment of records must be made in writing to:
Director of Patient Care
PO
Box 2074, Lawton, Oklahoma 73502 OR
1930 Ferris, Suite 5, Lawton, Oklahoma
73507
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 Hospice, if the records
you are requesting are not part of Hospice's records, if the health
information wish is 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
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 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:
Chief Executive Officer
PO Box 2074, Lawton, Oklahoma 73502
OR
1930 Ferris, Suite 5, Lawton, Oklahoma 73507
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.
Hospice would provide the first accounting you request during any 12-month
period without charge. Subsequent request may be subject to a reasonable
cost-based fee.
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. Hospice is required to abide by the terms of
the notice as may be amended from time to time. 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 Hospice changes
its notice, 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 Hospice and to the Secretary of DHS if you or your
representative believe that your privacy rights have been violated. Any
complaints to Hospice should be made in writing to:
Chief Executive
Officer
PO Box 2074, Lawton, Oklahoma 73502
OR
1930 Ferris, Suite 5, Lawton, Oklahoma
73507
Complaints may also be forwarded to:
Oklahoma Department of Health
1000 NE 10th
Oklahoma City, Oklahoma 73117
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.
EFFECTIVE DATE
This Notice is effective April 14, 2003
** HSWO is a nonprofit, United Way organization
that promotes comprehensive hospice care services for the patient
and their family. We continuously provide community and professional
education to patients, professionals, and the families they
serve in issues relating to care giving, terminal illness, spiritual
comfort, loss and bereavement.
©2004 Hospice of Southwest
Oklahoma
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