HIPAA Privacy Rule
Notice of Privacy Practices
Effective April 14, 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 CAREFULLY.
We are required by law to maintain the privacy of your health information; to provide you this detailed Notice of our legal duties and privacy practices relating to your health information; to abide by the terms of the Notice that are currently in effect.
• I. USES AND DISCLOSURES FOR TREATMENT, PAYMENT AND HEALTH CARE OPERATIONS
The following lists the various ways in which we may use or disclose your health information for purposes of treatment, payment or health care operations as provided by 45 CFR 164.506, 164.501:
For Treatment:
We will use and disclose your health information in providing you with treatment and services and coordinating your care and may disclose information to other providers involved in your care. Your health information may be used by doctors involved in your care and by nurses and home health aides, as well as by physical therapists, pharmacists, suppliers of medical equipment or other persons involved in your care. For example, we will contact your physician to discuss your plan of care.
For Payment:
We may use and disclose your health information for billing and payment purposes. We may disclose your health information to an insurance or managed care company, Medicare, Medicaid or another third party payor. For example: we may contact Medicare or your health plan to confirm your coverage or to request prior approval for services that will be provided to you.
For Health Care Operations:
We may use and disclose your health information for health care operations, such as management, personnel evaluation, education and training and to monitor our quality of care.
• II. SPECIFIC USES AND DISCLOSURES OF YOUR HEALTH INFORMATION
The following lists various ways in which we may use or disclose your health information:
Facility Directory:
Unless you object, we will include certain limited information about you in our Facility directory. This information may include your name, your location in the Facility, and your general condition and your religious affiliation. Our directory does not include specific medical information about you. We may release information in our directory, except for your religious affiliation, to people who ask for you by name. We may provide the directory information, including your religious affiliation, to any member of the clergy.
Individuals Involved in Your Care or Payment for Your Care:
Unless you object, we may disclose your health information to a family member or close personal friend, including clergy, who is involved in your care.
Emergencies:
We may use or disclose your health information as necessary in emergency treatment situations.
As Required by Law:
We will disclose your health information when required by law to do so.
Public Health Activities:
We may disclose your health information for public health activities. These activities may include, for example, reporting to a public health authority for preventing or controlling disease, injury or disability; reporting elder abuse or neglect; or reporting deaths.
Reporting Victims of Abuse, Neglect or Domestic Violence:
If we believe that you have been a victim of abuse, neglect or domestic violence, we may use and disclose your personal health information to notify a government authority if authorized by law, or if you agree to the report.
Health Oversight Activities:
We may disclose your health information to a health oversight agency for activities authorized by law such as audits, investigations, inspections and licensure actions or for activities involving government oversight of the health care system.
To Avert a Serious Threat to Health or Safety:
When necessary to prevent a serious threat to your health or safety or the health or safety of the public or another we may use and disclose your health information, limiting disclosures to someone able to help lessen or prevent the threatened harm.
Judicial and Administrative Proceedings:
We may disclose your health information in response to a court or administrative order. We also my disclose information in response to a subpoena, discovery request, or other lawful process; efforts must be made to contact you about the request or to obtain an order or agreement protecting the information.
Law Enforcement:
We may disclose your health information for certain law enforcement purposes, including for example, to comply with reporting requirements; to comply with a court order, warrant or similar legal process; or to answer certain requests for information concerning crimes.
Research:
We may use or disclose your health information for research purposes if the privacy aspects of the research have been reviewed and approved, if the researcher is collecting information in preparing a research proposal, if the research occurs after your death, or if you authorize the use or disclosure.
Coroners, Medical Examiners, Funeral Directors, Organ Procurement Organizations:
We may release your health information to a coroner, medical examiner, funeral director or, if you are an organ donor, to an organization involved in the donation of organs and tissue.
Disaster Relief:
We may disclose health information about you to a disaster relief organization.
Military and Veterans:
If you are a member of the armed forces, we may use and disclose your health information as required by military command authorities. We may also disclose health information for national security purposes or as needed to protect the President of the United States or certain other officials or to conduct certain special investigations.
Workers' Compensation:
We may use or disclose your health information to comply with laws relating to workers' compensation or similar programs.
Inmates/Law Enforcement Custody:
If you are under the custody of a law enforcement official or a correctional institution, we may disclose your health information to the institution or official for certain purposes including health and safety of you and others.
Fundraising Activities:
We may use certain limited health information for fundraising purposes or may provide contact information to a foundation related to the Facility.
Appointment Reminders:
We may use or disclose health information to remind you about appointments.
Health-Related Benefits and Services:
We may use or disclose health information to inform you about treatment alternatives and health-related benefits and services that may be of interest to you.
• III. USES AND DISCLOSURES WITH YOUR AUTHORIZATION
Except as described in this Notice, we will use and disclose your health information only with your written Authorization as provided by 45 CFR 164.508. If you revoke an Authorization, we will no longer use or disclose your health information for the purposes covered by the Authorization, except where we have already relied on the Authorization.
• IV. YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION
Listed below are your rights regarding your health information. These rights may be exercised by submitting a request to the Facility. Each of these rights is subject to certain requirements, limitations and exceptions. At your request, the Facility will supply you with the appropriate form to complete. You have the right to:
Request Restrictions ( 45 CFR 164.522):
You have the right to request restrictions on our use or disclosure of your health information for treatment, payment or health care operations. You also have the right to restrict the health information we disclose about you to a family member, friend or other person who is involved in your care or the payment for your care. We are required to agree to your requested restriction with respect to the release of your health information to any individual outside the Facility unless you are being transferred to another healthcare institution, the release of records is required by law, third party payment or to provide emergency care.
Access Personal Health Information (45 CFR 164.524):
You have the right to request, either orally or in writing, your medical or billing records or other written information that may be used to make decisions about your care. We must allow you to inspect your records within 24 hours of your request (excluding weekends and holidays). If you request copies of the records, we must provide you with copies within two (2) working days of that request. We may charge a reasonable fee consistent with NY State law for our costs in copying and mailing your requested information.
Request Amendment ( 45 CFR 164.526):
You have the right to request amendment of your health information maintained by the Facility for as along as the information is kept by or for the Facility. Your request must be made in writing and must state the reason for the requested amendment.
We may deny your request for amendment if the information:
• was not created by the Facility, unless the originator of the information is no longer available to act on our request
• is not part of the health information maintained by or for the Facility
• is not part of the information to which you have a right of access
• is already accurate and complete, as determined by the Facility.
If we deny your request for amendment, we will give you a written denial including the reasons for the denial and the right to submit a written statement disagreeing with the denial.
Request an Accounting of Disclosures (45 CFR 164.528):
You have the right to request an “accounting” of certain disclosures of your health information. This is a listing of disclosures made by the Facility or by others on our behalf, but this does not include disclosures for treatment, payment and health care operations or certain other exceptions.
To request an accounting of disclosures, you must submit a request in writing, stating a time period beginning after April 13, 2003 that is within six years from the date of your request. The first accounting provided within a 12-month period will be free; for the further requests, we may charge you our costs.
Request a Paper Copy of This Notice (45 CFR 164.520) .
You have the right to obtain a paper copy of this Notice, even if you have agreed to receive this notice electronically. You may request a copy of this notice at any time. [You may also obtain a copy of this Notice at our web site, www.mgnh.com .]
• V. FOR FURTHER INFORMATION OR TO FILE A COMPLAINT
If you have any questions about this Notice or would like further information concerning your privacy rights, please contact the Privacy Officer/Compliance Officer or the Director of Social Service.
If you believe that your privacy rights have been violated, you may file a complaint in writing with the Facility or with the Office of Civil Rights in the U.S. Department of Health and Human Services. To file a complaint with the facility, please send it to the attention of the Privacy Officer/Compliance Officer, Marcus Garvey Nursing Home, 810 St. Marks Avenue, Brooklyn, NY 11213. To file a complaint with the Office of Civil Rights, send a written statement to Office of Civil Rights –Region I, U.S. Dept. Of Health & Human Services, JFK Federal Building, Room 1875, Government Center, Boston, MA 02203. We will not retaliate against you if you file a complaint.
• VI. CHANGES TO THIS NOTICE
We reserve the right to change this Notice and to make the revised or new Notice provisions effective for all health information already received and maintained by the Facility as well as for all health information we receive in the future. We will post a copy of the current Notice in the Facility. We will provide a copy of the revised Notice upon request.
Last revised on 8/31/08
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