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St. Joseph's Community Health Services
NOTICE OF
PRIVACY PRACTICES
EFFECTIVE July 16, 2003
THIS NOTICE DESCRIBES:
(1) HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED: AND
(2)
HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
WHO WILL
FOLLOW THIS NOTICE.
This notice
describes our hospital practices and that of:
Any health care professional authorized to enter information obtained in the
hospital setting, nursing home, or St. Josephs Clinics into your medical
record at St. Josephs (as defined below).
All departments and units of St. Josephs.
Any member of a volunteer group we allow to assist with your care while you
are receiving services from St. Josephs.
All employees, trainees, staff and other members of St. Josephs workforce.
All employees, staff and members of the workforce of St. Joseph's Community
Health Services, including hospital, nursing home and any St. Joseph
Clinic. All of these entities and locations will follow the terms of this
notice and are included when the term St. Josephs is used. In addition,
these entities and locations may share medical information with each other
for treatment, payment or health care operations purposes and with others
performing these activities for us or on our behalf.
This notice applies to all of the records of your care generated by or
through St. Josephs, whether made by members of our workforce or your
personal doctor. Your personal doctor may have a separate notice describing
his or her policies regarding use of your medical information that was
created in the doctors office or clinic. If your personal doctor is
employed by St. Josephs he or she will follow the practices described in
this notice.
OUR DUTIES REGARDING YOUR MEDICAL INFORMATION
We understand that
medical information about you and your health is personal. We are committed
to protecting medical information about you.
This notice will tell
you about the ways in which we may use and disclose medical information
about you. We also describe your rights and certain obligations we have
regarding the use and disclosure of your medical information.
We are required by law to:
·
Make sure
that medical information that identifies you is kept private;
·
Give you
this notice of our legal duties and privacy practices with respect to
medical information about you; and
·
Follow
the terms of our notice that is currently in effect.
[45 C.F.R.
164.520(b)(1)(v)(B)]
HOW WE MAY USE AND DISCLOSE MEDICAL
INFORMATION ABOUT YOU
The
following categories describe different ways that we use and disclose
medical information. For each category of uses or disclosures, we will
explain what we mean and try to give some examples. Not every use or
disclosure in a category will be listed. However, all of the ways we are
permitted to use and disclose information will fall within one of the
categories.
Ø
For Treatment.
We may use medical
information about you to provide you with medical treatment or services. We
may disclose medical information about you to doctors, nurses, technicians,
medical students, or other members of St. Josephs workforce who are
involved in taking care of you through St. Josephs. For example, a doctor
treating you for a broken leg may need to know if you have diabetes because
diabetes may slow the healing process. In addition, the doctor may need to
tell the dietitian you have diabetes so that we can arrange for appropriate
meals. Different departments of St. Josephs may also share medical
information about you in order to coordinate the different things you need,
such as prescriptions, lab work and x-rays. We also may disclose medical
information about you to people outside St. Josephs who may be involved in
your medical care after you leave St. Josephs, such as home health nurses
or others who provide services that are part of your care.
[45 C.F.R. 164.520(b)(1)(ii)(A);
164.502(a)(1)(ii); 164.502(a)(1)(iii)]
Ø
For Payment.
We may use and disclose
medical information about you so that the treatment and services you receive
at St. Josephs may be billed to and payment may be collected from you, an
insurance company or a third party. For example, we may need to give your
health plan information about surgery you received at St. Josephs so your
health plan will pay us or reimburse you for the surgery. We may also tell
your health plan about a treatment you are going to receive to obtain prior
approval or to determine whether your plan will cover the treatment.
[45 C.F.R. 164.520(b)(1)(A);
164.502(a)(1)(ii); 164.502(a)(1)(iii)]
Ø
For Health Care Operations.
We may use and disclose
medical information about you for health care operations purposes. These uses and
disclosures are necessary to run St. Josephs and make sure that all of our
patients receive quality care. For example, we may use medical information
to review our treatment and services and to evaluate the performance of our
staff in caring for you. We may also combine medical information about many
St. Josephs patients 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 other members of St. Josephs workforce
for review and learning purposes. We may also combine the medical
information we have with medical information from other providers to compare
how we are doing and see where we can make improvements in the care and
services we offer. In using your information for purposes of evaluation and
improvement of our services, we may remove information that identifies you
from this set of medical information so it can be used to study health care
and health care delivery without learning who the specific patients are. We
may also disclose information to others we hire to assist with our health
care operations, such as accountants or consultants.
[45 C.F.R. 164.520(b)(1)(II)(A); 164.502
(a)(1)(ii); 164.502(a)(1)(iii)]
Ø
Personal Contact.
We may use and
disclose medical information to establish personal contact for the following
reasons
-
To telephone or mail you to remind you of an appointment for treatment
or medical care. If we contact you by telephone we may leave a message
reminding you of your appointment;
-
To telephone or mail you after your discharge in order to obtain follow-up
information about your facility visit or recovery;
-
To prepare and mail a feedback survey regarding your facility visit or stay.
Ø
Treatment Alternatives.
We
may use and disclose medical information to tell you about or recommend
possible treatment options or alternatives that may be of interest to you.
Ø
Health-Related Benefits and Services.
We may use
and disclose medical information to tell you about health-related benefits
or services that may be of interest to you.
Ø
Ø
Fundraising Activities.
We may use information
about you to contact you in an effort to raise money for St. Josephs and
its operations. We may disclose information to a foundation related to St.
Josephs so that the foundation may contact you to raise money for St.
Josephs. We only would release contact information, such as your name,
address and phone number and the dates you received treatment or services
from St. Josephs. If you do not want us to contact you for fundraising
efforts, you must notify St. Josephs Communitys Outreach Director in
writing.
Ø
Directory.
We may include certain limited information about you in our facility
directory while you are a patient at St. Josephs. This information may
include your name, location within our facility, your general condition
(e.g. fair, stable, etc.) and your religious affiliations. The directory
information, except for your religious affiliation, may also be released to
people who ask for you by name unless otherwise prohibited by law. This is
so your family, friends and clergy can visit you and generally know how you
are doing. Your religious affiliations may be given to a member of the
clergy, such as a priest or rabbi, even if they dont ask for you by name.
If you do not want to be listed in the directory or have your information be
given out, you must notify the Director of Health Information Management in
writing.
Ø
Individuals Involved in Your Care or
Payment for Your Care.
We may release medical
information about you to a friend or family member who is involved in your
medical care. We may also give information to someone who helps pay for
your care. We may also tell your family or friends about your condition and
that you are at St. Josephs. In addition, we may disclose medical
information about you to an entity assisting in a disaster relief effort so
that your family can be notified about your condition, status and location.
If you do not want St. Josephs to disclose information about you in these
situations, you must notify our Director of Health Information Management in
writing.
Ø
Research.
Under certain
circumstances, we may use and disclose medical information about you for
research purposes. For example, a research project may involve comparing
the health and recovery of all patients who received one medication to those
who received another, for the same condition. All research projects,
however, are subject to a special approval process. This process evaluates
a proposed research project and its use of medical information, trying to
balance the research needs with patients need for privacy of their medical
information.
Ø
As Required By Law.
We will disclose medical information about you when required to do so by
federal or state law.
Ø
To Avert a Serious Threat to Health or
Safety. We
may use and disclose medical information about you when necessary to prevent
a serious threat to your health and safety or the health and safety of the
public or another person. Any disclosure, however, would only be to someone
able to help prevent or lessen the threat, including the target of the
threat.
SPECIAL SITUATIONS
Ø
Organ and Tissue Donation.
If you are an organ
donor, we may release medial information 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.
Ø
Military and Veterans.
If you are a member of
the armed forces, we may release medical information about you as required
by military command authorities when authorized by law.
Ø
Workers Compensation.
We may release medical
information about you for workers compensation or similar programs. These
programs provide benefits for work-related injuries or illness.
Ø
Public Health Activities.
We may disclose medical
information about you for public health activities. These activities
generally include the following:
·
To
prevent or control disease, injury or disability;
·
To report
births and deaths;
·
To report
child or elder abuse or neglect;
·
To report
reactions to medications or problems with products;
·
To notify
people of recalls of products they may be using;
·
To notify
a person who may have been exposed to a communicable disease or may be at
risk for contracting or spreading a disease or condition;
·
To report
specified health care data to the Office of Health Care Information;
·
To notify
the appropriate government authority if we believe a patient has been the
victim of caregiver abuse, neglect or misappropriation of property; and
·
To an
employer to facilitate workplace medical surveillance as required by law.
Ø
Health Oversight Activities.
We may disclose medical
information to a health oversight agency for activities authorized by law.
These oversight activities include, for example, audits, investigations,
inspections, licensure and disciplinary actions. These activities are
necessary for the government to monitor the health care system, government
programs, and compliance with civil rights laws.
Ø
Lawsuits and Disputes.
If you are involved in
a lawsuit or a dispute, we may disclose medical information about you in
response to a valid court order or federal grand jury subpoena. We may also
disclose medical information about you in response to a subpoena, discovery
request, or other lawful process by someone else involved in the dispute,
but only if we have obtained your permission or were unsuccessful in our
efforts to obtain an order protecting the information requested.
Ø
Law Enforcement.
We may release medical
information to law enforcement officials:
·
As
required by law;
·
In
response to a court order or federal subpoena as required by law;
·
About
criminal conduct at St. Josephs; and
·
About
certain deaths as required by law.
Ø
Coroners and Medical Examiners.
We may release
medical information to a coroner or medical examiner. This may be
necessary, for example, to identify a deceased person or determine the cause
of death.
Ø
National Security and Intelligence
Activities.
We may release medical
information about you to authorized federal officials; for intelligence,
counterintelligence, and other national security activities authorized by
law.
Ø
Protective Services for the President and
Others. We
may disclose medical information about you to authorized federal officials
so they may provide protections to the President, other authorized persons
or foreign heads of state or to conduct special investigations.
Ø
Inmates.
If you are an inmate or
in the custody of a correctional institution, we may release medical
information about you to the medical staff or intake staff of the
correctional institution or the Department of Corrections when authorized by
law.
OTHER USES OF MEDICAL INFORMATION
Other uses
and disclosures of medical information not covered by this notice or the
laws that apply to us will be made only with your written authorization. If
you provide us with authorization to use or disclose medical information
about you, you may revoke that authorization, in writing, at any time. If
you revoke your authorization, we will no longer use or disclose medical
information about you for the reasons covered by your written
authorization. You understand that we are unable to take back any
disclosures we have already made with your authorization, and that we are
required to retain our records of the care that we provided to you.
YOUR RIGHTS REGARDING MEDICAL INFORMATION
ABOUT YOU
You have the following
rights regarding medical information we maintain about you:
Ø
Right to Request Restrictions.
You have the right
to request a restriction or limitation on the medical information we use or
disclose about you for treatment, payment or health care operations. You
also have the right to request a limit on the medical information we
disclose about you to someone who is involved in your care or the payment
for your care, like a family member or friend. For example, you could ask
that we not use or disclose information about a surgery you had.
We are not required to
agree to all requests. If we do agree, we will comply with your request
unless the information is needed to provide emergency treatment to you.
To request
restrictions, you must make your request in writing to the Director of
Health Information Management. In your request, you must tell us: (1) what
information you want to limit; (2) whether you want to limit our use,
disclosure or both; and (3) to whom you want the limits to apply, for
example, disclosures to your spouse.
Ø
Right to Request Confidential
Communications.
You have the right to
request that we communicate with you about medical matters in a certain way
or at a certain location. For example, you can ask that we only contact you
at work or by mail.
To request confidential
communications, you must make your request in writing to the Director of
Health information Management. We will not ask you the reason for your
request. We will accommodate all reasonable requests.
Ø
Right to Inspect and Copy.
You have the right to
inspect and copy medical information that may be used to make decisions
about your care. Usually, this includes medical and billing records, but
does not include information compiled in anticipation of a legal proceeding
or psychotherapy notes.
To inspect and copy
medical information that may be used to make decisions about you, you must
submit your request in writing to the Director of Health Information
Management. If you request a copy of the information, we may charge a fee
for the costs of copying, matting or other supplies associated with your
request.
We may deny your
request to inspect and copy in certain very limited circumstances. If you
are denied access to medical information, you may request that the denial be
reviewed. A licensed health care professional chosen by St. Josephs will
review your request and the denial. The person conducting the review will
not be the person who denied your request.
Ø
Right to Amend.
If you feel that
medical information we have about you is incorrect or incomplete, you may
ask us to amend the information. You have the right to request an amendment
for as long as the information is kept by or for St. Josephs.
To request an
amendment, your request must be made in writing on our Request for Amendment
form and include your reason for requesting the amendment. Your request
should be submitted to the Director of Health Information Management.
We may deny your
request for an amendment if it is not in writing or does not include a
reason to support the request. In addition, we may deny your request if you
ask us to amend information that:
·
Was not
created by us, unless the person or entity that created the information is
no longer available to make the amendment;
·
Is not
part of the medical information kept by or for St. Josephs;
·
Is not
part of the information which you would be permitted to inspect and copy; or
·
Is
accurate and complete.
You may appeal a
decision by us not to amend a record by completing the appropriate form and
submitting it to our Director of Health Information Management.
Ø
Right to an Accounting of Disclosures.
You have the
right to request an accounting of disclosures. This is an accounting of
the disclosures we made of medical information about you, other than certain
disclosures that are not required to be included in the accounting, such as
disclosures made for the purposes of treatment, payment or health care
operations or pursuant to your authorization.
To request this
accounting of disclosures, you must submit your request in writing to the
Director of Health information Management. Your request must: (1) be made
on the appropriate form; (2) specify the facility for which the accounting
is to be provided; (3) be directed to the facility where the record was
created; and (4) state a time period that may not be longer than six years
and may not include dates before April 14, 2003. Your request should
indicate in what form you want the accounting (for example, on paper or
electronically). The first accounting you request within a 12-month period
will be free. For additional accountings, we may charge you for the costs
of providing the accounting. We will notify you of the cost involved and
you may choose to withdraw or modify your request at that time before any
costs are incurred.
Ø
Right to a Paper Copy of This Notice.
You have the
right to a paper copy of this notice. You may ask us to give you a copy of
this notice at any time. Even if you have agreed to receive this notice
electronically, you are still entitled to a paper copy of this notice.
You may obtain a copy
of this notice at our Website,
www.stjhealthcare.org.
To obtain a paper copy
of this notice, contact the Director of Health Information Management.
CHANGES TO THIS NOTICE
We reserve the right to
change this notice. We reserve the right to make the revised notice
effective for medical information we already have about you as well as any
information we receive in the future. We will post a copy of the current
notice at St. Josephs. The notice will contain on the first page, in the
top right-hand corner, the effective date.
COMPLAINTS
If you believe your
privacy rights have been violated, you may file a complaint with St.
Josephs or with the Department of Health and Human Services. To file a
complaint with St. Josephs, contact the Office of the CEO, St. Josephs
Community Health Services, P.O. Box 527, Hillsboro, WI 54634; 608-489-8100.
Complaints to the Department of Health and Human Services should be sent to
the Secretary of the Department of Health and Human Services, 200
Independence Avenue, S.W., Washington, DC 20201. All complaints must be
submitted in writing.
You will not be
penalized for submitting a complaint.
For specific
regulations regarding the privacy rules and components of this notice, see
45 C.F.R., Section 164.5
St. Joseph's Community Health Services
NOTICE OF PRIVACY PRACTICES
Patient/Resident Acknowledgement of Receipt
I acknowledge
that I have received and reviewed the Notice of Privacy Practices. I know
that I may request a copy of the Notice of Privacy Practices at any time.
I am aware that this acknowledgement remains in effect and as a permanent
part of the medical record for as long as the record is maintained at St.
Joseph's.
_________________________________ ____________
Printed Patient/Resident Name
Date
____________________________________________
________________
Signature of
Patient/Resident
Date
_______________________________________
____________
Printed Name & Signature of Patient
Representative Date
____________________________________________
________________
Witness
Date
FOR USE BY ST. JOSEPHS COMMUNITY HEALTH SERVICES
I attempted to obtain the patients/residents signature acknowledging
his/her receipt of the Notice of Privacy Practices, but was unable to do
so as documented below:
Date:
Patient/Resident Name:
Employee Name:
Reason patient/resident did not sign:
______________________________________________________________________
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