PRIVACY NOTICE
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.
- We are required under the federal health care privacy rules
(the Privacy Rules),
- to protect the privacy of your health information, which
includes information about your health history, symptoms, test
results,
- diagnoses, treatment, and claims and payment history
(collectively, Health Information). We are also required
to provide you
- with this Privacy Notice regarding our legal duties,
policies and procedures to protect and maintain the privacy of
your Health Information.
- We are required to follow the terms of this Privacy Notice
unless (and until) it is revised. We reserve the right to
change the terms of this
- Privacy Notice and to make the new notice provisions
effective for the Health Information that we maintain and use,
as well as for any
- Health Information that we may receive in the future.
Should the terms of this Privacy Notice change, we will make a
revised copy of
- the notice available to you. Revised Privacy Notices
will be available at our Facility for individuals to take with
them, and we will post
- a copy of revised Privacy Notices in a prominent location in
our Facility. This Privacy Notice will also be posted and
made available electronically on our web site.
Permitted Uses and Disclosures of
Your Health Information.
1. General Uses and Disclosures. Under the
Privacy Rules, we are permitted to use and disclose your Health
Information for the following purposes,
- without obtaining your permission or Authorization:
a. Treatment. We are permitted to use
and disclose your Health Information in the provision and
coordination of your health care. For example,
- we may disclose your Health Information to your primary
health care provider, consulting providers, and to other health
care personnel who have a
- need for such information for your care and treatment.
b. Payment. We are permitted to use and
disclose your Health Information for the purposes of determining
coverage, billing, and reimbursement.
- This information may be released to an insurance company,
third party payor, or other authorized entity or person involved
in the payment of your
- medical bills and may include copies or portions of your
medical record that are necessary for payment of your bill.
For example, a bill sent to your
- insurance company may include information that identifies
you, your diagnosis, and the procedures and supplies used in
your treatment.
c. Health Care Operations. East Alabama
Health Care Authority is a health care authority organized
according to the laws of the State of Alabama
- and is also a hybrid entity as that term is defined by 45
CFR 164.504(a). It owns and operates the Facility, as well
as the following health care providers
- or entities: East Alabama Medical Center, East Alabama
Medical Center Skilled Nursing Facility, Bethany House of
Hospice of East Alabama Medical Center,
- Hospice of East Alabama Medical Center, East Alabama Medical
Center Home Care, East Alabama Psychiatric Services, Smiths
Station Medical Clinic,
- Emergency Transport System, Inc., Azalea Place, East Alabama
AIDS Outreach, Camellia Place, Magnolia Place, HomeMed, and
operates Auburn University Medical Clinic.
- The different healthcare providers of East Alabama Health
Care Authority may share your Health Information with East
Alabama Health Care Authority for
- its health care operation purposes described in this notice.
We are permitted to use and disclose your Health Information for
our health care operations,
- including, but not limited to: quality assurance, auditing,
licensing or credentialing activities, and for educational
purposes. For example, we may use your
- Health Information to internally assess our quality of care
provided to patients.
d. Uses and Disclosures Required by Law.
We may use and disclose your Health Information when required to
do so by law, including, but not limited to:
- reporting abuse and neglect; in response to judicial and
administrative proceedings; in responding to a law enforcement
request for information; or in order
- to alert law enforcement to criminal conduct on our premises
or of a death that may be the result of criminal conduct.
e. Public Health Activities. We may
disclose your Health Information for public health reporting,
including, but not limited to: reporting communicable diseases
- and vital statistics; product recalls and adverse events; or
notifying person(s) who may have been exposed to a disease or
are at risk of contracting
- or spreading a disease or condition.
f. Abuse and Neglect. We may disclose
your Health Information to a local, state, or federal government
authority, including social services or a protective
- services agency authorized by law to receive such reports,
if we have a reasonable belief of abuse or neglect.
g. Regulatory Agencies. We may disclose
your Health Information to a health care oversight agency for
activities authorized by law, including, but not
- limited to, licensure, investigations and inspections.
These activities are necessary for the government and certain
private health oversight agencies to monitor
- the health care system, government programs, and compliance
with civil rights.
h. Judicial and Administrative Proceedings.
We may disclose your Health Information in judicial and
administrative proceedings, as well as in response to a
- n order of a court, administrative tribunal, or in response
to a subpoena, summons, warrant, discovery request, or similar
legal request.
i. Law Enforcement Purposes. We may
disclose your Health Information to law enforcement officials
when required to do so by law.
j. Coroners, Medical Examiners, Funeral Directors.
We may disclose your Health Information to a coroner or medical
examiner. This may be necessary,
- for example, to determine a cause of death. We may
also disclose your health information to funeral directors, as
necessary, to carry out their duties.
k. Organ Donation. We may disclose your Health
Information to organ procurement organizations or other entities
engaged in the procurement, banking, or
- transplantation of cadaveric organs, eyes, or tissues.
l. Research. Under certain
circumstances, we may disclose your Health Information to
researchers when their clinical research study has been approved
and
- where certain safeguards are in place to ensure the privacy
and protection of your Health Information.
m. Threats to Health and Safety. We may
use or disclose your Health Information if we believe, in good
faith, that the use or disclosure is necessary to prevent
- or lessen a serious or imminent threat to the health or
safety of a person or the public, or is necessary for law
enforcement to identify or apprehend an individual.
o. Specialized Government Functions. If
you are a member of the U.S. Armed Forces, we may disclose your
Health Information as required by military
- command authorities. We may also disclose your Health
Information to authorized federal officials for national
security reasons and the Department of State
- for medical suitability determinations.
p. Inmates. If you are an inmate of a
correctional institution or under the custody of a law
enforcement official, we may release your Health Information to
- the correctional institution or law enforcement official,
where such information is necessary for the institution to
provide you with health care; to protect your health
- or safety, or the health or safety of others; or for the
safety and security of the correctional institution.
q. Workers Compensation. We may disclose your
Health Information to your employer to the extent necessary to
comply with Alabama laws relating to workers
- compensation or other similar programs.
r. Fundraising. We may use or disclose
your Health Information to make a fundraising communication to
you for the purpose of raising funds for our own benefit.
- Included in such fundraising communications will be
instructions describing how you may ask not to receive future
communications.
s. Marketing. We may use or disclose
your Health Information to make a marketing communication to you
that occurs in a face-to-face encounter with us or that
- concerns a promotional gift of nominal value provided by us.
t. Appointment Reminders/Treatment Alternatives.
We may use and disclose your Health Information to remind you of
an appointment for treatment and medical
- care at our Facilities or to provide you with information
regarding treatment alternatives or other health-related
benefits and services that may be of interest to you.
u. Business Associates. We may disclose
your Health Information to business associates who provide
services to us. Our business associates are required to
- protect the confidentiality of your Health Information.
v. Other Uses and Disclosures. In addition to
the reasons outlined above, we may use and disclose your Health
Information for other purposes permitted by the Privacy Rules.
2. Uses and Disclosures That Require Patient
Opportunity to Verbally Agree or Object. Under the Privacy
Rules, we are permitted to use and disclose your
- Health Information: (i) for the creation of facility
directories, (ii) to disaster relief agencies, and (iii) to
family members, close personal friends or any other person
- identified by you, if the information is directly relevant
to that person's involvement in your care or treatment.
Except in emergency situations, you will be notified
- in advance and have the opportunity to verbally agree or
object to this use and disclosure of your Health Information.
3. Uses and Disclosures That Require Written
Authorization. As required by the Privacy Rules, all other uses
and disclosures of your Health Information
- (not described above) will be made only with your written
Authorization. For example, in order to disclose your
Health Information to a company for marketing
- purposes, we must obtain your Authorization. Under the
Privacy Rules, you may revoke your Authorization at any time.
The revocation of your Authorization
- will be effective immediately, except to the extent that: we
have relied upon it previously for the use and disclosure of
your Health Information; if the Authorization
- was obtained as a condition of obtaining insurance coverage
where other law provides the insurer with the right to contest a
claim under the policy or the policy itself;
- or where your Health Information was obtained as part of a
research study and is necessary to maintain the integrity of the
study.
Patient Rights.
You have the following rights concerning
your Health Information:
1. Right to Inspect and/or Copy Your Health
Information From The Facility. Upon written request to the
Facility, you have the right to inspect and copy your
- own Health Information contained in a designated record set,
maintained by or for the Facility. A Designated record set
contains medical and billing records and
- any other records that we use for making decisions about
you. However, we are not required to provide you access to
all the Health Information that we maintain.
- For example, this right of access does not extend to
psychotherapy notes, or information compiled in reasonable
anticipation of, or for use in, a civil, criminal or
- administrative proceeding. Where permitted by
the Privacy Rules, you may request that certain denials to
inspect and copy your Health Information be reviewed.
- If you request a copy or summary of explanation of your
Health Information, we may charge you a reasonable fee for
copying costs, including the cost of supplies
- and labor, postage, and any other associated costs in
preparing the summary or explanation. In order to obtain
copies of your Health Information maintained by
- other covered functions of East Alabama Health Care
Authority other than the Facility, you should direct your
written request directly to the particular covered function.
2. Right to Request Restrictions on the Use
and Disclosure of Your Health Information From The Facility.
You have the right to request restrictions on the use and
- disclosure of your Health Information for treatment, payment
and health care operations, as well as disclosures to persons
involved in your care or payment for your
- care, such as family members or close friends. We will
consider, but do not have to agree to, such requests. In
order to request restrictions on the use and disclosure
- of your Health Information maintained by other covered
functions of East Alabama Health Care Authority other than the
Facility, you should direct your written request
- directly to the particular covered function.
3. Right to Request an Amendment of Your Health
Information From The Facility. You have the right to
request an amendment of your Health Information.
- We may deny your request if we determine that you have asked
us to amend information that: was not created by us, unless the
person or entity that created the
- information is no longer available; is not Health
Information maintained by or for us; is Health Information that
you are not permitted to inspect or copy; or we
- determine that the information is accurate and complete.
If we disagree with your requested amendment, we will provide
you with a written explanation of the
- reasons for the denial, an opportunity to submit a statement
of disagreement, and a description of how you may file a
complaint. In order to request an amendment
- of your Health Information maintained by other covered
functions of East Alabama Health Care Authority other than the
Facility, you should direct your written
- request directly to each particular covered function.
4. Right to an Accounting of Disclosures of Your
Health Information From The Facility. You have the right
to receive an accounting of disclosures of your Health
- Information made by us within six (6) years prior to the
date of your request. The accounting will not include:
disclosures related to treatment, payment or health
- care operations; disclosures to you; disclosures based on
your Authorization; disclosures that are part of a Limited Data
Set; incidental disclosures; disclosures to
- persons involved in your care or payment for your care;
disclosures to correctional institutions or law enforcement
officials; disclosures for facility directories; or
- disclosures that occurred prior to April 14, 2003. In
order to request an accounting of disclosures of your Health
Information disclosed by other covered functions
- of East Alabama Health Care Authority other than the
Facility, you should direct your written request directly to
each particular covered function.
5. Right to Alternative Communications From The Facility.
You have the right to receive confidential communications of
your Health Information by a different
- means or at a different location than currently provided.
For example, you may request that we only contact you at home or
by mail. In order to request
- confidential communications of your Health Information from
other covered functions of East Alabama Health Care Authority
other than the Facility, you should
- direct your written request directly to each particular
covered function.
6. Right to Receive a Paper Copy of this
Privacy Notice. You have the right to receive a paper copy
of this Privacy Notice upon request, even if you have
- agreed to receive this Privacy Notice electronically.
If you want to exercise any of these rights, please contact our
Privacy Officer. All requests must be submitted to us in
writing on a designated form
- (which we will provide to you), and returned to the
attention of our Privacy Officer at the address below.
Contact Information and How to Report
a Privacy Rights Violation.
If you have questions and/or would like additional information
regarding the uses and disclosures of your Health Information,
you may contact our Privacy Officer at:
Address: Privacy Officer
2000 Pepperell Parkway
Opelika, Alabama 36801
Telephone: (334) 705-1322
Fax: (334) 705-1509
If you believe that your privacy rights have been violated or
that we have violated our own privacy practices, you may file a
complaint with us.
- You may also file a complaint with the Secretary of PHS at
Region IV, Office of Civil Rights, U.S. Department of Health and
Human Services at
- Atlanta Federal Center, Suite 3B70, 61 Forsyth Street, S.W.,
Atlanta, Georgia, 30303-8909, Voice Phone (404) 562-7886,
- Fax (404) 562-7881, TDD (404) 331-2867. Complaints
filed directly with the Secretary must be made in writing, name
us, describe
- the acts or omissions in violation of the Privacy Rules or
our privacy practices, and must be filed within 180 days of the
time you knew or should
- have known of the violation. Complaints submitted
directly to us must be in writing and to the attention of our
Privacy Officer. There will be no retaliation for filing a
complaint.
The Effective Date of this Privacy Notice is October 1, 2004.
BY SIGNING BELOW, I HEREBY ACKNOWLEDGE RECEIPT OF THIS PRIVACY
NOTICE.
________________________________________________
Printed Name of Patient Date
________________________________________________
Signature of Patient or Patient's Representative
________________________________________________
Printed Name of Patient's Representative (if applicable)
________________________________________________
Representatives Relationship to Patient (if applicable)
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To be completed by Oak Park:
After a good faith attempt to obtain an Acknowledgment of
receipt, the patient or representative refused or was unable to
sign the Privacy Notice for the following reasons)
_________________________________________________________________________________________________
- Signature of Oak Park Representative
________________________________________________
Date
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