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NOTICE
OF PRIVACY PRACTICES DISSEMINATION
It is the policy of Facility to disseminate a written notice to all residents
that addresses its policies and procedures with respect to the treatment,
use and disclosure of individually identifiable health information and with
respect to the Facility's legal duties with respect to such information
(a "Notice of Privacy Practices").
The Notice of Privacy
Practices shall include all elements and statements that are required
by law. In summary, the Notice shall inform the residents about the potential
uses and disclosures of their health information, as well as their rights
with respect to that information, including: (1) a description of each
of the purposes for which the Facility is permitted to disclose their
health information, including, for example, treatment, payment, and health
care operations; and (2) a description of when written authorization is
required before the Facility may disclose the individual's health information
in other instances.
Procedure
- Facility will
provide the Notice of Privacy Practices at the time of admission or
when service is first provided to the individual, whichever is first,
and obtain written acknowledgment of receipt of the notice.
- A copy of the
Notice of Privacy Practices will be kept in the resident's medical record,
or the Notice's form number or effective date will be recorded.
- Facility will
provide a copy of the Notice of Privacy Practices to residents and to
any other person upon request.
- Facility will
post a copy of the Notice of Privacy Practices on its bulletin, and
on its website: www.NottinghamVillage.org.
- If there is a
material change in the Facility's use and disclosure policy that affects
the rights of residents, legal duties imposed, or the practices of the
Facility, then a new Notice of Privacy Practices will be posted on the
Facility's bulletin board and on its web site. Material changes will
not be implemented until a revised notice has been posted by the Facility.
Updated Notices will not be provided to residents, but will be made
available upon request.
- The Facility's
Privacy Officer shall be responsible for ensuring that written notices
are received and posted in accordance with this policy, and for keeping
copies of the notices posted and any revisions thereto.
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.
We have summarized
our responsibilities and your rights on this first page. For a complete
description of our privacy practices, please review this entire notice.
Our Responsibilities
Our nursing
facility is required to:
- Maintain the privacy
of your health information
- Provide you with
this notice of our legal duties and privacy practices with respect to
information we collect and maintain about you
- Abide by the terms
of this notice
- Your Rights
As a resident of
our nursing facility, you have several rights with regard to your health
information, including the following:
- The right to request
that we not use or disclose your health information in certain ways.
- The right to request
to receive communications in an alternative manner or location.
- The right to access
and obtain a copy of your health information.
- The right to request
an amendment to your health information.
- The right to an
accounting of disclosures of your health information.
We reserve the right
to change our privacy practices and to make the new provisions effective
for all health information we maintain. Should our privacy practices change,
we will post the changes on the bulletin board in our facility, as well
as on our web site. A copy of the revised notice will be available after
the effective date of the changes upon request.
We will not use or
disclose your health information without your authorization, except as
described in this notice.
If have questions
and would like additional information, you may contact our facility's
Privacy Officer at 570-473-8366.
Understanding
Your Health Record/Information
Each
time you visit a nursing facility, a record of your visit is made. Typically,
this record contains your symptoms, examination and test results, diagnoses,
treatment, and a plan for future care or treatment. This information,
often referred to as your health or medical record, serves as a:
- basis for planning
your care and treatment
- means of communication
among the many health professionals who contribute to your care
- legal document
describing the care you received
- means by which
you or a third-party payer can verify that services billed were actually
provided
- a tool in educating
heath professionals
- a source of data
for medical research
- a source of information
for public health officials who oversee the delivery of health care
in the United States
- a source of data
for facility planning and marketing
- a tool with which
we can assess and continually work to improve the care we render and
the outcomes we achieve
Understanding what
is in your record and how your health information is used helps you to:
ensure its accuracy, better understand who, what, when, where, and why
others may access your health information, and make more informed decisions
when authorizing disclosure to others.
How
We Will Use or Disclose Your Health Information
- Treatment.
We will use or disclose your health information for treatment purposes,
including for the treatment activities of other health care providers.
For example, information obtained by a nurse, physician, or other member
of your healthcare team will be recorded in your record and used to
determine the course of treatment that should work best for you. Your
physician will document in your record his or her expectations of the
members of your healthcare team. Members of your healthcare team will
then record the actions they took and their observations. In that way,
the physician will know how you are responding to treatment. We will
also provide your physician or a subsequent healthcare provider with
copies of various reports that should assist him or her in treating
you once you're discharged from our nursing facility.
- Payment.
We will use or disclose your health information for payment, including
for the payment activities of other health care providers or payers.
For example, a bill may be sent to you or a third-party payer, including
Medicare or Medicaid. The information on or accompanying the bill may
include information that identifies you, as well as your diagnosis,
procedures, and supplies used.
- Health care
operations. We will use or disclose your health information for
our regular health operations. For example, members of the medical staff,
the risk or quality improvement manager, or members of the quality improvement
team may use information in your health record to assess the care and
outcomes in your case and others like it. This information will then
be used in an effort to continually improve the quality and effectiveness
of the health care and service we provide. In
addition, we will disclose your health information for certain health
care operations of other entities. However, we will only disclose your
information under the following conditions: (a) the other entity must
have, or have had in the past, a relationship with you; (b) the health
information used or disclosed must relate to that other entity's relationship
with you; and (c) the disclosure must only be for one of the following
purposes: (i) quality assessment and improvement activities; (ii) population-based
activities relating to improving health or reducing health care costs;
(iii) case management and care coordination; (iv) conducting training
programs; (v) accreditation, licensing, or credentialing activities;
or (vi) health care fraud and abuse detection or compliance.
- Business associates.
There are some services provided in our organization through the use
of outside people and entities. Examples of these "business associates"
include our accountants, consultants and attorneys. We may disclose
your health information to our business associates so that they can
perform the job we've asked them to do. To protect your health information,
however, we require the business associates to appropriately safeguard
your information.
- Directory.
Unless you notify us that you object, we may use your name, location
in the facility, general condition, and religious affiliation for directory
purposes. This information may be provided to members of the clergy
and, except for religious affiliation, to other people who ask for you
by name. We may also use your name on a nameplate next to or on your
door in order to identify your room, unless you notify us that you object.
- Notification.
We may use or disclose information to notify or assist in notifying
a family member, personal representative, or another person responsible
for your care, of your location, and general condition. If we are unable
to reach your family member or personal representative, then we may
leave a message for them at the phone number that they have provided
us, e.g., on an answering machine.
- Communication
with family. We may disclose to a family member, other relative,
close personal friend or any other person involved in your health care,
health information relevant to that person's involvement in your care
or payment related to your care.
- Research.
We may disclose information to researchers when certain conditions have
been met.
- Transfer of
information at death. We may disclose health information to funeral
directors, medical examiners, and coroners to carry out their duties
consistent with applicable law.
- Organ procurement
organizations. Consistent with applicable law, we may disclose health
information to organ procurement organizations or other entities engaged
in the procurement, banking, or transplantation of organs for the purpose
of tissue donation and transplant.
- Marketing.
We may contact you regarding your treatment, to coordinate your care,
or to direct or recommend alternative treatments, therapies, health
care providers or settings. In addition, we may contact you to describe
a health-related product or service that may be of interest to you,
and the payment for such product or service.
- Fund raising.
We may contact you as part of a fund-raising effort.
- (13) Food and
Drug Administration (FDA). We may disclose to the FDA, or to a person
or entity subject to the jurisdiction of the FDA, health information
relative to adverse events with respect to food, supplements, product
and product defects, or post marketing surveillance information to enable
product recalls, repairs, or replacement.
- Workers compensation.
We may disclose health information to the extent authorized by and to
the extent necessary to comply with laws relating to workers compensation
or other similar programs established by law.
- Public health.
As required by law, we may disclose your health information to public
health or
legal authorities charged with preventing or controlling disease, injury,
or disability.
- Correctional
institution. Should you be an inmate of a correctional institution,
we may disclose to the institution or agents thereof health information
necessary for your health and the health and safety of other individuals.
- Law enforcement.
We may disclose health information for law enforcement purposes as required
by law or in response to a valid subpoena.
- Reports.
Federal law makes provision for your health information to be released
to an appropriate health oversight agency, public health authority or
attorney, provided that a work force member or business associate believes
in good faith that we have engaged in unlawful conduct or have otherwise
violated professional or clinical standards and are potentially endangering
one or more patients, workers or the public.
Your Health Information
Rights
Although your health
record is the physical property of the nursing facility, the information
in your health record belongs to you. You have the following rights:
- You may request
that we not use or disclose your health information for a particular
reason related to treatment, payment, the Facility's general health
care operations, and/or to a particular family member, other relative
or close personal friend. We ask that such requests be made in writing
on a form provided by our facility. Although we will consider your requests
with regard to the use of your health information, please be aware that
we are under no obligation to accept it or to abide by it. We will abide
by your requests with regard to the disclosure of your clinical and
personal records to anyone outside of the facility, except in an emergency,
if you are being transferred to another health care institution, or
the disclosure is required by law. For more information about this right,
see 45 Code of Federal Regulations (C.F.R.) 164.522(a).
- If you are dissatisfied
with the manner in which or the location where you are receiving communications
from us that are related to your health information, you may request
that we provide you with such information by alternative means or at
alternative locations. Such a request must be made in writing, and submitted
to the Privacy Officer. We will attempt to accommodate all reasonable
requests. For more information about this right, see 45 C.F.R.
164.522(b).
- You may request
to inspect and/or obtain copies of health information about you, which
will be provided to you in the time frames established by law. You may
make such requests orally or in writing; however, in order to better
respond to your request we ask that you make such requests in writing
on our facility's standard form. If you request to have copies made,
we will charge you a reasonable fee. For more information about this
right, see 45 C.F.R. 164.524.
- If you believe
that any health information in your record is incorrect or if you believe
that important information is missing, you may request that we correct
the existing information or add the missing information. Such requests
must be made in writing, and must provide a reason to support the amendment.
We ask that you use the form provided by our facility to make such requests.
For a request form, please contact the Privacy Officer. For more information
about this right, see 45 C.F.R. 164.526.
- You may request
that we provide you with a written accounting of all disclosures made
by us during the time period for which you request (not to exceed 6
years). We ask that such requests be made in writing on a form provided
by our facility. Please note that an accounting will not apply to any
of the following types of disclosures: disclosures made for reasons
of treatment, payment or health care operations; disclosures made to
you or your legal representative, or any other individual involved with
your care; disclosures to correctional institutions or law enforcement
officials; and disclosures for national security purposes. You will
not be charged for your first accounting request in any 12 month period.
However, for any requests that you make thereafter, you will be charged
a reasonable, cost-based fee. For more information about this right,
see 45 C.F.R. 164.528.
- You have the right
to obtain a paper copy of our Notice of Privacy Practices upon request.
- You may revoke
an authorization to use or disclose health information, except to the
extent that action has already been taken. Such a request must be made
in writing.
For More Information
or to Report a Problem
If have questions
and would like additional information, you may contact our facility's
Privacy Officer at 570-473-8366.
If you believe that
your privacy rights have been violated, you may file a complaint with
us. These complaints must be filed in writing on a form provided by our
facility. The complaint form may be obtained from our Privacy Officer,
and when completed should be returned to the Privacy Officer. You may
also file a complaint with the secretary of the federal Department of
Health and Human Services. There will be no retaliation for filing a complaint.
Effective Date:
April 14, 2003
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