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Notice
of Privacy Information Practices
Effective Date: 4/14/03
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.
A. PURPOSE OF THE NOTICE.
Petite Fleur Nursing Home is committed
to preserving the privacy and confidentiality of your health information
which is created and/or maintained at our facility. State and federal
laws and regulations require us to implement policies and procedures to
safeguard the privacy of your health information. This Notice will provide
you with information regarding our privacy practices and applies to all
of your health information created and/or maintained at our facility,
including any information that we receive from other health care providers
or facilities. The Notice describes the ways in which we may use or disclose
your health information and also describes your rights and our obligations
concerning such uses or disclosures.
We will abide by the terms of this Notice,
including any future revisions that we may make to the Notice as required
or authorized by law. We reserve the right to change this Notice 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.
We will post a copy of the current Notice, which will identify its effective
date, in our facility and on our website at petitefleurnursinghome.com.
The privacy practices described in this
Notice will be followed by:
- Any health care professional authorized to enter information into
your medical record created and/or maintained at our facility;
- All employees, students, and other service providers who have access
to your health information at our facility; and
- Any member of a volunteer group, which is allowed to help you while
receiving services at our facility.
The individuals identified above will share
your health information with each other for purposes of treatment, payment
and health care operations, as further described in the Notice.
B. USES AND DISCLOSURES OF HEALTH INFORMATION FOR TREATMENT,
PAYMENT AND HEALTH CARE OPERATIONS.
1. Treatment, Payment and Health Care
Operations. The following section describes different ways that we
may use and disclose your health information for purposes of treatment,
payment, and health care operations. We explain each of these purposes
below and include examples of the types of uses or disclosures that may
be made for each purpose. We have not listed every type of use or disclosure,
but the ways in which we use or disclose your information will fall under
one of these purposes.
a. Treatment.
We may use your health information to provide you with health care treatment
and services. We may disclose your health information to doctors, nurses,
nursing assistants, technicians, medical and nursing students, rehabilitation
therapy specialists, or other personnel who are involved in your health
care.
For example,
we may order physical therapy services to improve your strength and walking
abilities. We will need to talk with the physical therapist so that we
can coordinate services and develop a plan of care. We also may need to
refer you to another health care provider to receive certain services.
We will share information with that health care provider in order to coordinate
your care and services.
b. Payment.
We may use or disclose your health information so that we may bill and
receive payment from you, an insurance company, or another third party
for the health care services you receive from us. We also may disclose
health information about you to your health plan in order to obtain prior
approval for the services we provide to you, or to determine that your
health plan will pay for the treatment.
For example,
we may need to give health information to your health plan in order to
obtain prior approval to refer you to a health care specialist, such as
a neurologist or orthopedic surgeon, or to perform a diagnostic test such
as a magnetic resonance imaging scan ("MRI") or a CT scan.
c. Health
Care Operations. We may use or disclose your health information in
order to perform the necessary administrative, educational, quality assurance
and business functions of our facility.
For example,
we may use your health information to evaluate the performance of our
staff in caring for you. We also may use your health information to evaluate
whether certain treatment or services offered by our facility are effective.
We also may disclose your health information to other physicians, nurses,
technicians, or health profession students for teaching and learning purposes.
C. USES AND DISCLOSURES OF HEALTH INFORMATION IN SPECIAL
SITUATIONS
We may use or disclose your health information
in certain special situations as described below. For these situations,
you have the right to limit these uses and disclosures as provided for
in Section F of this Notice.
1. Appointment Reminders. We may
use or disclose your health information for purposes of contacting you
to remind you of a health care appointment.
2. Treatment Alternatives & Health-Related
Products and Services. We may use or disclose your health information
for purposes of discussing with you treatment alternatives or health-related
products or services that may be of interest to you. For example, if you
are a resident of our facility for purposes of a post-surgical hip replacement,
we may talk with you about a gait-training program that we offer at our
facility to improve your walking and balance.
3. Facility Directory. We may use
or disclose certain limited health information about you in our facility
directory. This information may include your name, your assigned unit
and room number, your religious affiliation, and a general description
of your condition. Your name, assigned unit and room number, and a general
description of your condition may be given to people who ask for you by
name. Your religious affiliation may be given to a member of the clergy,
even if they do not ask for you by name.
4. Family Members and Friends. We
may disclose your health information to individuals, such as family members
and friends, who are involved in your care or who help pay for your care.
We may make such disclosures when: (a) we have your verbal agreement to
do so; (b) we make such disclosures and you do not object; or (c) we can
infer from the circumstances that you would not object to such disclosures.
For example, we will share information about you with your spouse or other
family member after giving you an opportunity to agree or object.
We also may disclose your health information
to family members or friends in instances when you are unable to agree
or object to such disclosures, provided that we feel it is in your best
interests to make such disclosures and the disclosures relate to that
family member or friend's involvement in your care. For example, if your
medical condition prevents you from either agreeing or objecting to disclosures
made to your family or friends, we may share information with the family
member or friend that comes to visit you at our facility, but we will
share only that information which relates to their involvement in your
care.
5. Organized Health Care Arrangement.
In our facility, care and services are provided to you by our facility
staff as well as by other health care providers. Although these providers
are all independent, as you would expect, they cooperate to provide an
integrated system of care to you. This type of clinically integrated setting
in which you receive health care from more than one health care provider
is called an organized health care arrangement ("OHCA") under
the HIPAA Privacy Standards. We may share your health information with
participants in the OHCA for treatment, payment and health care operations
of the OHCA. We participate in an OHCA with a number of other health care
entities, including pharmacy, therapists, physicians, etc. This notice
of privacy practices describes how we use and disclose your health information;
however, you may receive separate notices of privacy practices from each
of the other participants in an OHCA.
D. OTHER PERMITTED OR REQUIRED USES AND DISCLOSURES
OF HEALTH INFORMATION.
There are certain instances in which we
may be required or permitted by law to use or disclose your health information
without your permission. These instances are as follows:
1. As required by law. We may disclose
your health information when required by federal, state, or local law
to do so. For example, we are required by the Department of Health and
Human Services (HHS) to disclose your health information in order to allow
HHS to evaluate whether we are in compliance with the federal privacy
regulations.
2. Public Health Activities. We
may disclose your health information to public health authorities that
are authorized by law to receive and collect health information for the
purpose of preventing or controlling disease, injury or disability; to
report births, deaths, suspected abuse or neglect, reactions to medications;
or to facilitate product recalls.
3. Health Oversight Activities.
We may disclose your health information to a health oversight agency that
is authorized by law to conduct health oversight activities, including
audits, investigations, inspections, or licensure and certification surveys.
These activities are necessary for the government to monitor the persons
or organizations that provide health care to individuals and to ensure
compliance with applicable state and federal laws and regulations.
4. Judicial or administrative proceedings.
We may disclose your health information to courts or administrative agencies
charged with the authority to hear and resolve lawsuits or disputes. We
may disclose your health information pursuant to a court order, a subpoena,
a discovery request, or other lawful process issued by a judge or other
person involved in the dispute, but only if efforts have been made to
(i) notify you of the request for disclosure or (ii) obtain an order protecting
your health information.
5. Worker's Compensation. We may
disclose your health information to worker's compensation programs when
your health condition arises out of a work-related illness or injury.
6. Law Enforcement Official. We
may disclose your health information in response to a request received
from a law enforcement official to report criminal activity or to respond
to a subpoena, court order, warrant, summons, or similar process.
7. Coroners, Medical Examiners, or Funeral
Directors. We may disclose your health information to a coroner or
medical examiner for the purpose of identifying a deceased individual
or to determine the cause of death. We also may disclose your health information
to a funeral director for the purpose of carrying out his/her necessary
activities.
8. Organ Procurement Organizations or
Tissue Banks. If you are an organ donor, we may disclose your health
information to organizations that handle organ procurement, transplantation,
or tissue banking for the purpose of facilitating organ or tissue donation
or transplantation.
9. Research. We may use or disclose
your health information for research purposes under certain limited circumstances.
Because all research projects are subject to a special approval process,
we will not use or disclose your health information for research purposes
until the particular research project for which your health information
may be used or disclosed has been approved through this special approval
process. However, we may use or disclose your health information to individuals
preparing to conduct the research project in order to assist them in identifying
patients with specific health care needs who may qualify to participate
in the research project. Any use or disclosure of your health information
which is done for the purpose of identifying qualified participants will
be conducted onsite at our facility. In most instances, we will ask for
your specific permission to use or disclose your health information if
the researcher will have access to your name, address or other identifying
information.
10. To Avert a Serious Threat to Health
or Safety. We may use or disclose your health information when necessary
to prevent a serious threat to the health or safety of you or other individuals.
11. Military and Veterans. If you
are a member of the armed forces, we may use or disclose your health information
as required by military command authorities.
12. National Security and Intelligence
Activities. We may use or disclose your health information to authorized
federal officials for purposes of intelligence, counterintelligence, and
other national security activities, as authorized by law.
13. Inmates. If you are an inmate
of a correctional institution or under the custody of a law enforcement
official, we may use or disclose your health information to the correctional
institution or to the law enforcement official as may be necessary (i)
for the institution to provide you with health care; (ii) to protect the
health or safety of you or another person; or (iii) for the safety and
security of the correctional institution.
E. USES AND DISCLOSURES PURSUANT TO YOUR WRITTEN AUTHORIZATION.
Except for the purposes identified above
in Sections B through D, we will not use or disclose your health information
for any other purposes unless we have your specific written authorization.
You have the right to revoke a written authorization at any time as long
as you do so in writing. If you revoke your authorization, we will no
longer use or disclose your health information for the purposes identified
in the authorization, except to the extent that we have already taken
some action in reliance upon your authorization.
F. YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION.
You have the following rights regarding
your health information. You may exercise each of these rights, in writing,
by providing us with a completed form that you can obtain from the facility's
business office. In some instances, we may charge you for the cost(s)
associated with providing you with the requested information. Additional
information regarding how to exercise your rights, and the associated
costs, can be obtained from the business office.
1. Right to Inspect and Copy. You
have the right to inspect and copy health information that may be used
to make decisions about your care. We may deny your request to inspect
and copy your health information in certain limited circumstances. If
you are denied access to your health information, you may request that
the denial be reviewed.
2. Right to Amend. You have the
right to request an amendment of your health information that is maintained
by or for our facility and is used to make health care decisions about
you. We may deny your request if it is not properly submitted or does
not include a reason to support your request. We may also deny your request
if the information sought to be amended: (a) was not created by us, unless
the person or entity that created the information is no longer available
to make the amendment; (b) is not part of the information that is kept
by or for our facility; (c) is not part of the information which you are
permitted to inspect and copy; or (d) is accurate and complete.
3. Right to an Accounting of Disclosures.
You have the right to request an accounting of the disclosures of your
health information made by us. This accounting will not include disclosures
of health information that we made for purposes of treatment, payment
or health care operations or pursuant to a written authorization that
you have signed.
4. Right to Request Restrictions.
You have the right to request a restriction or limitation on the health
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 health
information we disclose about you to someone, such as a family member
or friend, who is involved in your care or in the payment of your care.
For example, you could ask that we not use or disclose information regarding
a particular treatment that you received. We are not required to agree
to your request. If we do agree, that agreement must be in writing and
signed by you and us.
5. Right to Request Confidential Communications.
You have the right to request that we communicate with you about your
health care in a certain way or at a certain location. For example, you
can ask that we only contact you by mail.
6. Right to a Paper Copy of this Notice.
You have the right to receive 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.
G. QUESTIONS OR COMPLAINTS.
If you have any questions regarding this
Notice or wish to receive additional information about our privacy practices,
please contact our Privacy Officer at (631) 567-9300 or write to Privacy
Officer, Petite Fleur Nursing Home, 300 Broadway Ave., Sayville, NY 11782.
If you believe your privacy rights have been violated, you may file a
complaint with our facility or with the Secretary of the Department of
Health and Human Services (HHS). To file a complaint with our facility,
contact our Privacy Officer at the address given above. All complaints
must be submitted in writing. You will not be penalized for filing a complaint.
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