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.
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HeartSavers is committed to protecting the confidentiality of your
health information.
We are required by law to maintain the privacy of your medical
information. We are also required to notify you of our legal duties
and privacy practices regarding your medical information, and abide
by the practices of this Notice, unless more stringent laws or
regulations apply. This Notice applies to all HeartSavers
facilities, services, and programs that provide healthcare to you.
Who this notice applies to
This Notice describes this organization’s practices and those of:
• Any healthcare professional authorized to enter information into
your record.
• Any member of the medical staff credentialed to practice here.
• All departments and units of this facility.
• All employees, staff, and other personnel.
• Any volunteer, intern, or student we allow to help you while you
are a patient.
This Notice of Privacy Practices provides detailed information about
how we may use and disclose your medical information with or without
authorization as well as more information about your specific rights
with respect to your medical information. This Notice becomes
effective April 14, 2003.
Disclosures of your medical information that we may make without
your authorization
Treatment:
Your
information may be shared with any provider who is providing you
with healthcare services. This includes coordinating your care with
other providers and providing referrals to other providers. Examples
of healthcare providers who may need your information to treat you
include your doctor, pharmacist, nurse, and other providers such as
physical therapists, home health providers, and x-ray technicians.
We may also use your information to contact you for appointments and
to provide information about health-related products and services
that we believe may be helpful to you. We may share your information
electronically with your health care providers in order to make sure
they have your information as quickly as possible to treat you. We
will use the utmost care in any situation where we need to disclose
your information electronically.
We may also share your medical information with any family member or
friend who is involved in assisting with your healthcare. We will
only do this if you agree, and will only share with them the
information they need in order to help you. If you are unable to
either agree or object to such a disclosure, we may disclose your
healthcare information as necessary if we determine that it is in
your best interest based on our professional judgment.
Payment:
In order
to get your healthcare services paid for, we may have to provide
your medical information to the party responsible for paying. This
may include Medicare, Medicaid (state health plan), or your
insurance company. Your insurance company or health plan may need
your information for activities such as determining your eligibility
for coverage, reviewing the medical necessity of the healthcare
services, or providing approval for hospital stays.
Healthcare Operations:
Your medical information may be used by us in order to support the
business activities of the facility and to ensure that quality
healthcare services are being provided. Some of the activities which
would be part of our operations would be quality assessment
activity, employee review, training of medical personnel, licensure
and accreditation, data aggregation and audits by regulatory
agencies.
We may share your protected health information with third parties
who perform services such as transcription or billing. In those
cases we have written agreements with the third parties that they
will not use or disclose your information for any other purposes,
except as required by law.
Other disclosures that we may make without your authorization
There are a number of ways that your medical information may be
used without your authorization, generally either because they are
required by law or for public health and safety purposes. Those
include:
Required by Law:
Your
medical information may be used or disclosed by us when required by
law. If this happens, we will comply with the law and will only
disclose the information necessary. You will be notified, as
required by law, of any such uses or disclosures.
Public Health: Your
medical information may be used for public health activities. Public
health authorities are authorized to collect or receive the
information for purposes such as controlling disease, injury or
disability.
Disaster Relief:
We may
disclose healthcare information about you to an entity assisting in
a disaster relief effort so that your family and friends can be
notified about your condition, status, and location.
Incidental Disclosures:
Certain incidental disclosures of your healthcare information may
occur as a by-product of lawful and permitted use and disclosures of
your healthcare information. For example, a visitor may overhear a
discussion about your care at the nursing station. These incidental
disclosures are permitted if we apply reasonable safeguards to
protect the confidentiality of your healthcare information.
Limited Data Set Information:
We may disclose limited healthcare information to third parties for
purposes of research, public health and healthcare operations.
Before disclosing this information, we must enter into an agreement
with the recipient of the information that limits who may use or
receive the data and requires the recipient to agree not to
re-identify the data or contact you. The recipient of your
information is required to have appropriate safeguards to prevent
inappropriate use or disclosure of your information.
Communicable Diseases: If
required by law to do so, we may disclose your medical information
to a person who may have been exposed to a communicable disease or
may otherwise be at risk of contracting or spreading the disease or
condition.
Health Oversight: Health
oversight agencies are authorized to have access to medical
information maintained by us for activities such as audits,
investigations, and inspections. Agencies with this authority
include government agencies that oversee the healthcare system,
government benefit programs, government regulatory programs and
civil rights laws.
Abuse or Neglect:
We may
disclose your medical information to a public health authority that
is authorized by law to receive reports of child abuse or neglect.
We may also disclose your protected health information to the
governmental agency authorized to receive such information if we
believe that you have been a victim of abuse, neglect or domestic
violence. Any disclosures of this nature will be made consistent
with state and federal law.
Food and Drug Administration:
We may disclose your medical information to a person or agency
required by the Food and Drug Administration to report adverse
events, product defects or problems, biologic product deviations, or
for product recalls, repairs or replacements.
Legal Proceedings:
We may
disclose your medical information if required to by a court or
administrative order to do so for an administrative or judicial
proceeding, or in some cases in response to a subpoena, discovery
request or other legal process.
Law Enforcement: We may
disclose your medical information, so long as applicable legal
requirements are met, for law enforcement purposes. Examples of
these purposes would be: (1) legal processes and otherwise required
by law; (2) limited information requests for identification and
location purposes; (3) pertaining to crime victims; (4) suspicion
that death has occurred as a result of criminal conduct; (5) if
crime occurs on the premises; and (6) for medical emergencies where
it appears likely a crime occurred.
Research:
Your
medical information may be disclosed to researchers, provided that
the research has been approved by an Institutional Review Board and
the research protocols have been approved to ensure your privacy. We
may disclose healthcare information about you to people preparing to
conduct a research project; for example, to help the researcher
identify patients with specific medical needs that would relate to
the proposed research. Information used for this purpose will not
leave HeartSavers.
Criminal Activity:
As
required by state and federal laws, we may disclose your medical
information if we believe that the use or disclosure is necessary to
prevent or lessen a serious and imminent threat to the health or
safety of a person or of the public. We may also disclose your
medical information if it is necessary for law enforcement
authorities to identify or apprehend an individual.
Military Activity and National Security:
Under certain circumstances, the medical information of Armed Forces
personnel may be disclosed (1) for activities deemed necessary by
appropriate military command authorities; (2) for the purpose of a
determination by the Department of Veterans Affairs of your
eligibility for benefits; or (3) to a foreign military authority if
you are a member of that foreign military service. Your medical
information may also be disclosed to authorize federal officials for
conducting national security and intelligence activities, including
for the provision of protective services to the President or others
legally authorized.
Workers’ Compensation:
Your medical information may be used or disclosed as necessary to
comply with workers’ compensation laws and other similar legally
established programs.
Inmates: Your
medical information may be used or disclosed by us if you are an
inmate of a correctional facility and your physician created or
received your medical information in the course of providing care to
you.
How we will use and disclose your medical information with
authorization
Other uses and disclosures of your medical information will be made
only with your written authorization, unless otherwise permitted or
required by law. You may revoke the authorization, at any time, in
writing, except to the extent that we have already taken an action
in reliance on the use or disclosure indicated in the authorization.
If you need for us to share your medical information with someone
for purposes other than those listed here, you should contact the
Medical Records Department for an Authorization Form.
Your Rights
The following information describes your rights with respect to
your medical information that we maintain.
Right to Request Restrictions:
You have the right to ask us to place restrictions on the way we use
or disclose your medical information for treatment, payment, or
healthcare operations. We are not required to agree to the
restriction, but if we agree to a restriction, we will not use or
disclose your medical information in violation of that restriction,
unless it is needed for an emergency. If a restriction is no longer
feasible, we will notify you. You should contact the registration
staff for further details and a form to fill out.
Confidential Communications:
We will accommodate reasonable requests to communicate with you
about your medical information by different methods or alternative
locations if you make your request in writing and give it to the
registration staff. For example, if you are covered on a health plan
but are not the subscriber, and would like your medical information
sent to a different address than the subscriber, we can usually do
that for you.
Access to Your Medical Information:
You have the right to receive a copy of your medical information
that we maintain, with some limited exceptions. You may request
access to those records in writing and provide us with information
about the specific information you need so that we can fulfill your
request. We reserve the right to charge a reasonable fee for the
cost of producing and mailing the copies. For more information about
the cost, you may contact
the Medical Record Department.
Amendment of Your Medical Information:
You have the right to ask us to change any of your medical
information. You need to request this amendment in writing and
submit it to the Medical Record Department. In certain situations we
may have to deny your request, such as when the medical information
in your records was created by another provider. Any denials will be
in writing. You have the right to appeal our denial by filing a
written statement of disagreement. For more information about this
process, contact the Medical Records Department.
Accounting of Certain Disclosures:
You have a right to a listing of the disclosures we make of your
medical information, except for those disclosures made for
treatment, payment, or healthcare operations, or those disclosures
made pursuant to your authorization. The type of disclosures
typically contained in a listing would be disclosures made for
mandatory public health purposes, law enforcement, legal
proceedings, or for other required reporting such as birth and death
certificates. If you would like to receive an accounting of your
disclosures, you should contact the Medical Record Department to
provide you with a request form.
Questions and Complaints
To exercise any of the above rights, or
if you are concerned that any of your privacy rights have been
violated, please contact our Privacy Officer at 408 865-6600. You
also have the right to complain to the Secretary of Health and Human
Services at:
California Health and Human Services
1600 Ninth Street,
Room 460
Sacramento, CA 95814
(916) 654-3454
You will not be retaliated against for filing a complaint.
Changes to Privacy Practices
HeartSavers reserves the right to change its privacy practices and
its Notice of Privacy Practices at any time. The new notice will be
effective for any medical information we create or maintain as of
the date of the change. You may view a copy of our most current
Notice of Privacy Practices on our website, at www.heartsavers.md or
request a copy from the registration staff. You have the right to a
paper copy of this Notice any time, upon request. You may contact
the registration staff to get a current paper copy.
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