privacy policy
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.Our agency is
required by law to maintain the privacy of your health information
and to provide you with notice of our legal duties and privacy
practices with respect to your health information. If you have any
questions about any part of this notice or if you want more
information about the privacy practices please contact us at the address above.
I. Uses and
Disclosures for Treatment, Payment, and Health Care Operations
We may use
or
disclose your protected health information (PHI),
for treatment, payment, and health care operations purposes with your
consent. To help clarify
these terms, here are some definitions:
·
“PHI”
refers to information in your health record that could identify you.
·
“Treatment,
Payment and Health Care Operations”
– Treatment
is when we provide, coordinate or manage your health care and other
services related to your health care. An example of treatment would be
when we consult with another health care provider, such as your family
physician. We will not do this without your
written authorization.
- Payment
is
when we obtain reimbursement for your healthcare. Examples of payment are
when we disclose your PHI to your health insurer to obtain reimbursement
for your health care or to determine eligibility or coverage, or when we
provide PHI to our billing department to submit claims, send
statements to you, and obtain pre-certification and authorization
for your sessions with us.
- Health
Care Operations are activities that relate to the performance and
operation of our agency. Examples of health care operations are quality
assessment and improvement activities, business-related matters such as
audits and administrative services, and case management and care
coordination. We may use and disclose your health information to remind
you of appointments you have made by telephone at a number you provide
us.
·
“Use”
applies only to activities within our agency such as employing,
applying, utilizing, examining, and analyzing information that
identifies you.
·
“Disclosure”
applies to activities outside of our agency such as releasing,
transferring, or providing access to
information about you to other parties.
II. Uses and
Disclosures Requiring Authorization
We may use or
disclose PHI for purposes outside of treatment, payment, and health care
operations when your appropriate authorization is obtained. An “authorization”
is written permission above and beyond the general consent that
permits only specific disclosures. In those instances when the agency is asked
for information for purposes outside of treatment, payment and health
care operations, We will obtain an authorization from you before
releasing this information.
You may revoke
all such authorizations (of PHI) at any time,
provided each revocation is in writing. You may not revoke an
authorization to the extent that (1) the agency have relied on that
authorization; or (2) if the authorization was obtained as a condition
of obtaining insurance coverage, and the law provides the insurer the
right to contest the claim under the policy.
III. Uses and
Disclosures with Neither Consent nor Authorization
The agency may use or
disclose PHI without your consent or authorization in the following
circumstances:
§ Child
Abuse: If the agency have cause to believe that a child has been, or may be,
abused, neglected, or sexually abused, we must make a report of such
within 48 hours to the Texas Department of Protective and
Regulatory Services, the Texas Youth Commission, or to any local or
state law enforcement agency.
§ Adult and
Domestic Abuse: If the agency have cause to believe that an elderly or
disabled person is in a state of abuse, neglect, or exploitation, we must
immediately report such to the Department of Protective and Regulatory
Services.
§ Health
Oversight: If a complaint is filed against the agency with the
relevant state license board, they have the authority to subpoena confidential
mental health information from us relevant to that
complaint.
·
Judicial
or Administrative Proceedings: If you are involved in a court
proceeding and a request is made for information about your diagnosis
and treatment and the records thereof, such information is privileged
under state law, and the agency will not release information, without written
authorization from you or your personal or legally appointed
representative, or a court order. The privilege does not apply when you are being evaluated for a third party
or where the evaluation is court ordered. You will be informed in
advance if this is the case.
§ Serious
Threat to Health or Safety: If the agency determined that there is a
probability of imminent physical injury by you to yourself or others, or
there is a probability of immediate injury to you, we
may disclose relevant confidential health information to medical
or law enforcement personnel.
§ Worker’s
Compensation: If you file a worker's compensation claim, the agency may
disclose records relating to your diagnosis and treatment to your
employer’s insurance carrier.
IV. Patient's
Rights and Professional Duties
Patient’s
Rights:
·
Right
to Request Restrictions –You have the right to request
restrictions on certain uses and disclosures of protected health
information about you. However, the center is not required to agree to a
restriction you request.
·
Right
to Receive Confidential Communications by Alternative Means and at
Alternative
Locations
–
You have the right to request and receive confidential communications of
PHI by alternative means and at alternative locations.
·
Right
to Inspect and Copy – You have the right to inspect or obtain a copy
in our health and billing records used to make decisions about you
for as long as the PHI is maintained in the record. The agency may deny your access to PHI under certain
circumstances, but in some cases you may have this decision reviewed. On
your request, the agency will discuss with you the details of the request and
denial process. We have the right to charge a reasonable fee for
providing you with a copy of these records.
·
Right
to Amend – You have the right to request an amendment of PHI for
as long as the PHI is maintained in the record. We may deny your request.
On your request, we will discuss with you the details of the amendment
process.
·
Right
to an Accounting – You generally have the right to receive an
accounting of disclosures of PHI for which you have neither provided
consent nor authorization (as described in Section III of this Notice).
On your request, we will discuss with you the details of the accounting
process.
·
Right
to a Paper Copy – You have the right to obtain a paper copy of the
notice from the agency upon request, even if you have agreed to receive the
notice electronically.
V. Complaints
If you are
concerned that the agency have violated your privacy rights, or you
disagree with a decision we made about access to your records, you
may contact the center by
telephone at (806) 795-3911, in person at our office, or in writing by
certified mail at the address above.
You may also
send a written complaint to the Secretary of the U.S. Department of
Health and Human Services. The address is:
The U.S.
Department of Health and Human Services
Office of Civil
Rights
200
Independence Avenue, S.W.
Washington,
D.C. 20201
(202) 619-0257
or toll free at 1-877-696-6775
You will not be
retaliated against for filing a complaint.
VI. Effective
Date, Restrictions and Changes to Privacy Policy
This notice
will go into effect on April 14, 2003.
We reserve the
right to change the terms of this notice and to make the new notice
provisions effective for all PHI that the agency maintains. We will provide you
with a revised notice by providing you with a copy in person or by mail
at your request.
Valeri Carr, Administrator, Chief Privacy Officer
Homestead Health Care Services, Inc.
Email
vcarr@homesteadhomehealth.com
