MARIAN MANOR HEALTHCARE CENTER
NOTICE OF 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. |
| I. Our Duty to Safeguard Your Protected Health
Information |
We are committed to preserving the privacy and confidentiality of your
health information whether created by us or maintained on our premises.
We are required by certain state and federal regulations to implement
policies and procedures to safeguard the privacy of your health information.
Copies of our privacy policies and procedures are maintained in the business
office. We are required by state and federal regulations to abide by the
privacy practices described in this notice including any future revisions
that we may make to the notice as may become necessary or as authorized
by law.
Individually identifiable information about your past, present, or future
health or condition, the provisions of health care to you, or payment
for the health care treatment or services you receive is considered protected
health information (PHI). As such, we are required to provide you with
this Privacy Notice that contains information regarding our privacy practices
that explains how, when and why we may use or disclose your protected
health information and your rights and our obligations regarding any such
uses or disclosures. Except in specified circumstances, we must use or
disclose only the minimum necessary protected health information to accomplish
the intended purpose of the use or disclosure of such information.
We reserve the right to change this notice at any time and to make the
revised or changed notice effective for health information we already
have about you as well as any information we receive in the future about
you. Should we revise/change this Privacy Notice, we will post a copy
of the new/revised Privacy Notice in the main lobby. You also may request
and obtain a copy of any new/revised Privacy Notice from the business
office.
Should you have questions concerning our Privacy Notices, the names,
addresses, telephone numbers, website addresses, etc., of whom you should
contact are listed on the last page of this document.
| II. How We May Use and Disclose Your Protected
Health Information |
We use and disclose protected health information for a variety of reasons.
We have a limited right to use and/or disclose your health information
for purposes of treatment, payment, or for the operations of our facility.
For other uses, you must give us your written authorization to release
your protected health information unless the law permits or requires us
to make the use or disclosure without your authorization.
Should it become necessary to release your protected health information
to an outside party, we will require the party to have a signed agreement
with us that the party will extend the same degree of privacy protection
to your information as we do.
The privacy law permits us to make some uses or disclosures of your protected
health information without your consent or authorization. The following
describes each of the different ways that we may use or disclose your
protected health information. Where appropriate, we have included examples
of the different types of uses or disclosures. These include:
1. Use and Disclosures Related to Treatment:
We may disclose your protected health information to those who are involved
in providing medical and nursing care services and treatments to you.
For example we may release health information about you to our nurses,
nursing assistants, medication aides/technicians, medical and nursing
students, therapists, pharmacists, medical records personnel, consultants,
physicians, etc. We may also disclose your protected health information
to outside entities performing other services relating to your treatment;
such as diagnostic laboratories, home health/hospice agencies, family
members, etc.
2. Use and Disclosures Related to Payment:
We may use or disclose your protected health information to bill and collect
payment for services or treatments we provided to you. For example, we
may contact your insurance facility, health plan, or another third party
to obtain payment for services we provided to you.
3. Use and Disclosures Related to Health Care Operations:
We may use or disclose your protected health information to perform certain
functions within our facility should these uses or disclosures become
necessary to operate our facility and to ensure that you and others we
provide care and services to continue to receive quality care and services.
For example, we may take your photograph for medication identification
purposes or use your health information to evaluate the effectiveness
of the care and services you are receiving. We may disclose your protected
health information to our staff (nurses, nursing assistants, physicians,
staff consultants, therapists, etc.) for auditing, care planning, treatment,
and learning purposes. We may also combine your health information with
information from other health care providers to study how our facility
is performing in comparison to like facilities or what we can do to improve
the care and services we provide to you. When information is combined,
we remove all information that would identify you so that others may use
the information in developing research on the delivery of health care
services without learning your identity.
4. Use and Disclosures Related to Fundraising Activities:
We may use a limited amount of your protected health information when
raising money for our facility and its operations. We may also disclose
this information to a foundation related to the facility so that the foundation
may contact you to raise money on behalf of our facility. The information
we may use will be limited to your name, address, telephone number, and
dates for which you received treatment or services at our facility. If
you do not wish to be contacted for participation in fundraising activities
or have this information provided to our affiliated foundation, you must
provide us with a written notification. The name of the person to contact
and the method of contacting him/her are listed on the last page of this
notice. You may use our Request To Restrict The Use and Disclosure of
Protected Health Information form to submit your request to us. Copies
of this form are available in the business office. (See also Section VI,
paragraph 1.)
5. Use and Disclosures Related to Treatment Alternatives,
Health-Related Benefits and Services:
We may use or disclose your protected health information for purposes
of contacting you to inform you of treatment alternatives or health-related
benefits and services that may be of interest to you. For example, a newly
released medication or treatment that has a direct relationship to the
treatment or medical condition.
III. Uses and Disclosures Requiring Your Written Authorization
For uses and disclosures of your protected health information beyond treatment,
payment and operations purposes, we are required to have your written
authorization, except as permitted by law. You have the right to revoke
an authorization at any time to stop future uses or disclosures of your
information except to the extent that we have already undertaken an action
in reliance upon your authorization. Your revocation request must be provided
to us in writing. The name, address, telephone number of the person to
contact is located on the last page of this document. You may use our
Authorization for Use or Disclosure of Protected Health Information form
and/or our Revocation of an Authorization form to submit your request
to us. Copies of these forms are available in the business office.
Examples of uses or disclosures that would require your written authorization
include, but are not limited to, the following:
1. A request to provide your protected health information to an attorney
for use in a civil litigation claim.
2. A request to provide certain information to an insurance or pharmaceutical
facility for the purposes of providing you with information relative to
insurance benefits or new medications that may be of interest to you.
3. A request to provide certain information to another individual or facility.
IV. Uses or Disclosures of Information Based Upon Your Verbal Agreement
In the following situations, we may disclose a limited amount of your
protected health information if we provide you with an advance oral or
written notice and you do not object to such release or such release is
not otherwise prohibited by law. However, if there is an emergency situation
and you are unable to object (because you were not present or you were
incapacitated, etc.), disclosure may be made if it is consistent with
any prior expressed wishes and disclosure is determined to be in your
best interest. When a disclosure is made based on these or emergency situations,
we will only disclose health information relevant to the person’s
involvement in your care. For example, if you are sent to the emergency
room, we may only inform the person that you suffered an apparent heart
attack, stroke, etc., and/or we may provide information on your prognosis
or progress. You will be informed and given an opportunity to object to
further disclosures of such information as soon as you are able to do
so.
1. Information Used or Disclosed in the Facility:
We may include certain limited information about you so that others may
visit you or know your condition. This information may include your name,
room number, physician’s name and general condition (such as fair,
stable, poor, etc.) This type of information may be released to people
who ask for you by name. Your religious affiliation may be released to
a member of the clergy even if they don’t as for your name. Areas
where your name may be displayed are active medical chart binders that
may be stored at the nurses station, visible to the general public, which
reveal your name, room number and physician’s name, front lobby
and front office directory, by your room door, birthday posters on your
door and the activity board, upon death the memorial poster, also on dining
room tables, tray and lunch arts, wheelchair and other nursing home equipment.
Your photo and name may be printed in the local newspaper, the Glen Ullin
Times, and Resident Council minutes posted near the activity room. Your
name will also be called on the overhead paging system for a personal
phone call.
You may object to the release of this information either partially or
in it entirety. You may use our Request to Restrict the Use or Disclosure
of Protected Health Information form to notify us of your objection or
your objection may be made orally. The name, address and telephone number
of the person to whom you may make your objection is listed on the last
page of this document. (See also Section VI, paragraph 1.)
2. Information Disclosed to Family Members, Friends or Others
Involved in Your Care:
We may disclose your protected health information to your family members
and friends who are involved in your care or who help pay for your care.
We may also disclose your protected health information to a disaster relief
organization for the purposes of notifying your family and/or friends
about your general condition, location, and/or status (i.e., alive or
dead). You may object to the release of this information. You may use
our Request to Restrict The Use or Disclosure of Protected Health Information
form to notify us of your objection or your objection may be made orally.
The name, address, and telephone number of the person to whom you may
make your objection is listed on the last page of this document. (See
also Section VI, paragraph 1.)
V. Uses and Disclosures of Information That Do Not Require Your Consent
or Authorization
State and federal laws and regulations either require or permit us to
use or disclose your protected health information without your consent
or authorization. The uses or disclosures that we may make without your
consent or authorization include the following:
1. When Required by Law:
We may disclose your protected health information when a federal, state
or local law requires that we report information about suspected abuse,
neglect, or domestic violence, reporting adverse reactions to medications
or injury from a health care product, or in response to a court order
or subpoena.
2. For Public Health Activities for the Purpose of Preventing
or Controlling Disease, Injury or Disability:
We may disclose your protected health information when we are required
to collect information about diseases or injuries (e.g., your exposure
to a disease or your risk for spreading or contracting a communicable
disease or condition, product recalls, or to report vital statistics (e.g.,
births/deaths) to the public health authority).
3. For Health Oversight Activities:
We may disclose your protected health information to a health oversight
agency such as a protection and advocacy agency, the state agency responsible
for inspecting our facility or to other agencies responsible for monitoring
the health care system for such purposes as reporting or investigation
of unusual incidents or to ensure that we are in compliance with applicable
state and federal laws and regulations and civil rights issues.
4. To Coroners, Medical Examiners, Funeral Directors,
Organ Procurement Organizations or Tissue Banks:
We may disclose your protected health information to a coroner or medical
examiner for the purpose of identifying a deceased individual or to determine
the cause of death. We may also disclose your health information to a
funeral director for the purposes of carrying out your wishes and/or for
the funeral director to perform his/her necessary duties.
If you are an organ donor, we may disclose your protected health information
to the organization that will handle your organ, eye or tissue donation
for the purposes of facilitating your organ or tissue donation or transplantation.
5. For Research Purposes:
We may disclose your protected health information for research purposes
only when a privacy board has approved the research project. However,
we may use or disclose your protected health information to individuals
preparing to conduct an approved research project in order to assist such
individuals in identifying persons to be included in the research project.
Researchers identifying persons to be included in the research project
will be required to conduct all activities onsite. If it becomes necessary
to use or disclose information about you that could be used to identify
you by name, we will obtain your written authorization before permitting
the researcher to use your information. Researchers will be required to
sign a Confidentiality and Non-Disclosure Agreement form before being
permitted access to health information for research purposes. A sample
copy of this agreement may be obtained from the business office.
6. To Avert a Serious Threat to Health or Safety:
We may disclose your protected health information to avoid a serious threat
to your health or safety or to the health or safety of others. When such
disclosure is necessary, information will only be released to those law
enforcement agencies or individuals who have the ability or authority
to prevent or lessen the threat of harm.
7. For Specific Government Functions:
We may disclose protected health information of military personnel and
veterans, when requested by military command authorities, to authorized
federal authorities for the purposes of intelligence, counterintelligence,
and other national security activities (such as protection of the President),
or to correctional institutions.
VI. Your Right Regarding Your Protected Health Information
You have the following rights concerning the use or disclosure of your
protected health information that we create or that we may maintain on
our premises:
| 1. To Request Restrictions on Uses and
Disclosures of Your Protected Health Information: |
You have the right to request that we limit how we use or disclose your
protected health information for treatment, payment or health care operations.
You also have the right to request a limit on the health information we
disclose about you to someone who is involved in your care or the payment
for your care or services. For example, you could request that we not
disclose to family members or friends information about a medical treatment
you received.
Should you wish a restriction placed on the use and disclosure of your
protected health information, you must submit such request in writing.
(Note: You may submit such request using our Request To Restrict The Use
and Disclosure of Protected Health Information form. Copies of this form
are available in the business office.) The name, address, and telephone
number of the person to whom the request is to be submitted is listed
on the last page of this document.
We are not required to agree to your restriction request. However, should
we agree, we will comply with your request not to release such information
unless the information is needed to provide emergency care or treatment
to you.
| 2. The Right to Inspect and Copy Your Medical
and Billing Records: |
You have the right to inspect and copy your health information, such as
your medical and billing records that we use to make decisions about your
care and services. In order to inspect and/or copy your health information,
you must submit a written request to us. If you request a copy of your
medical information, we may charge you a reasonable fee for the paper,
labor, mailing, and/or retrieval costs involved in filing your requests.
We will provide you with information concerning the cost of copying your
health information prior to performing such service. The name, address,
and telephone number of the person to whom you may file your request is
listed on the last page of this document. You may submit your requests
on our Request for Inspection/Copy of Protected Health Information form.
Copies of these forms are available in the business office.
We will respond within thirty (30) days of receipt of such requests.
Should we deny your request to inspect and/or copy your health information,
we will provide you with written notice of our reasons of the denial and
your rights for requesting a review of our denial. If such review is granted
or is required by law, we will select a licensed health care professional
not involved in the original denial process to review your request and
our reasons for denial. We will abide by the reviewer’s decision
concerning your inspection/copy requests. You may submit your denial review
requests on our Denial of Inspection/Copy of Protected Health Information
form. Copies of these forms are available in the business office.
3. The Right to Amend or Correct Your Health Information:
You have the right to request that your health information be amended
or corrected if you have reason to believe that certain information is
incomplete or incorrect. You have the right to make such requests of us
for as long as we maintain/retain your health information. Your requests
must be submitted to us in writing. We will respond within sixty (60)
days of receiving the written request. If we approve your request, we
will make such amendments/corrections and notify those with a need to
know of such amendments/corrections.
We may deny your request if:
a. Your request is not submitted in writing;
b. Your written request does not contain a reason to support your request;
c. The information was not created by us, unless the person or entity
that created the information is no longer available to make the amendment;
d. It is not a part of the health information kept by or for our facility;
e. It is not part of the information which you would be permitted to inspect
and copy; and/or
f. The information is already accurate and complete.
If your request is denied, we will provide you with a written notification
of the reason(s) of such denial and your rights to have the request, the
denial, and any written response you may have relative to the information
and denial process appended to your health information.
The name, address, and telephone number of the person to whom you may
file your request is listed on the last page of this document. You may
submit your amendment/correction requests on our Request for Amendment/Correction
of Protected Health Information form. Copies of these forms are available
in the business office.
4. The Right to Request Confidential Communications:
You have the right to request that we communicate with you about your
health matters in a certain way or at a certain location. For example,
you may request that we not send any health information about you to a
family member’s address. We will agree to your request as long as
it is reasonably easy for us to do so. You are not required to reveal
nor will we ask the reason for your request. To request confidential communications
you must:
a. Notify us in writing;
b. Indicate what information you wish to limit;
c. Indicate whether or not you wish to limit or restrict our use or disclosure
of such information; and
d. Identify to whom the restrictions apply (e.g., which family member(s),
agency, etc).
The name, address, and telephone number of the person to whom you may
file your request is listed on the last page of this document. You may
submit your requests on our Request for Restriction of Confidential Communications
form. Copies of these forms are available in the business office.
5. The Right to Request an Accounting of Disclosures of Protected
Health Information:
You have the right to request that we provide you with a listing of when,
to whom, for what purpose, and what content of your protected health information
we have released over a specified period of time. This accounting will
not include any information we have made for the purposes of treatment,
payment, or health care operations or information released to you, your
family, or the facility directory, disclosures made for national security
purposes, or any releases pursuant to your authorization.
Your request must be submitted to us in writing and must indicate the
time period for which you wish the information (e.g., May 1, 2003 through
August 31, 2005). Your request may not include releases for more than
six (6) years prior to the date of your request and may not include releases
prior to April 14, 2003. Your request must indicate in what form (e.g.,
printed copy or email) you wish to receive this information. We will respond
to your request with sixty (60) days of the receipt of your written request.
Should additional time be needed to reply, you will be notified of such
extension. However, in no case will such extension exceed thirty (30)
days. The first accounting you request during a twelve (12) month period
will be free. There may be a reasonable fee for additional requests during
the twelve (12) month period. 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.
The name, address, and telephone number of the person to whom you may
file your request is listed on the last page of this document. You may
submit your requests on our Request for an Accounting of Disclosures of
Protected Health Information form. Copies of these forms are available
in the business office.
6. The Right to Receive a Paper Copy of This Notice:
You have the right to receive a paper copy of this notice even though
you may have agreed to receive an electronic copy of this notice. You
may request a paper copy of this notice at anytime or you may obtain a
copy of this information from our website (as applicable). The name, address,
and telephone number of the person to whom you may obtain a paper copy
of this notice is listed on the last page of this document.
VI. How to File a Complaint About Our Privacy Practices
If you have reason to believe that we have violated your privacy rights,
violated our privacy policies and procedures, or you disagree with a decision
we made concerning access to your protected health information, etc.,
you have the right to file a complaint with us or the Secretary of the
Department of Health and Human Services. Complaints may be filed without
fear of retaliation in any form.
The name, address, and telephone number of the person to whom you may
file your complaint is listed on the last page of this document. You may
submit your complaint on our Privacy Practices Complaint form. Copies
of these forms are available in the business office.
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