HIPAA NOTIFICATION 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.
USE AND DISCLOSURE OF HEALTH INFORMATION The Agency may use your health information, information that constitutes protected health information as defined in the Privacy Rule of the Administrative Simplification provision of the Health Insurance Portability and Accountability Act of 1996, for purposes of providing you treatment, obtaining payment for your care and conducting health care operations. The Agency has established policies to guard against unnecessary disclosure of your health information.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED:
To Provide Treatment The Agency may use your health information to coordinate care within the Agency and with others involved in your care, such as your attending physician and other health care professionals who have agreed to assist the Agency in coordinating care. For example, physicians involved in your care will need information about your symptoms in order to prescribe appropriate medications. The Agency also may disclose your health care information to individuals outside of the Agency involved in your care including family members, pharmacists, suppliers of medical equipment or other health care professionals.
To Obtain Payment The Agency may include your health information in invoices to collect payment from third parties for the care you receive from that Agency. For example, the Agency may be required by your health insurer to provide information regarding your health care status so that the insurer will reimburse you or the Agency. The Agency may also need to obtain prior approval from your insurer and may need to explain to the insurer your need for home care and the services that will be provided to you.
To Conduct Health Care Operations The Agency may use and disclose health information for its own operations in order to facilitate the function of the Agency and as necessary to provide quality care to all of the Agency's patients. Health care operations include such activities as:
For example, the Agency may use your health information to evaluate its staff performance, combine your health information with other Agency patients in evaluating how to more effectively serve all Agency patients, disclose your health information to Agency staff and contracted personnel for training purposes, use your health information to contact you as a reminder regarding a visit to you, or contact you as part of general fund-raising and community information mailings (unless you tell the agency you do not want to be contacted).
For Fundraising Activities The Agency may use information about you including your name, address, phone number and the dates you received care in order to contact you to raise money for the agency. The agency may also release this information to a related agency foundation. If you do not want the agency to contact you, notify the Privacy Officer and indicate that you do not wish to be contacted.
For Appointment Reminders The Agency may use and disclose your health information to contact you as a reminder that you have an appointment for a home visit.
For Treatment Alternatives The Agency may use and disclose your health information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY ALSO BE USED AND DISCLOSED (check your State laws to ensure consistency with State law requirements).
When Legally Required The Agency will disclose your health information when it is required to do so by any Federal, State or local law.
When There are Risks to Public Health The Agency may disclose your health information for public activities and purposes in order to:
To Report Abuse, Neglect or Domestic Violence The Agency is allowed to notify government authorities if the Agency believes a patient is the victim of abuse, neglect or domestic violence. The Agency will make this disclosure only when specifically required or authorized by law or when the patient agrees to the disclosure.
To Conduct Health Oversight Activities The Agency may disclose your health information to a health override agency for activities including audits, civil administration or criminal investigations, inspections, licensure or disciplinary action. The Agency, however, may not disclose your health information if you are the subject of an investigation is not directly related to your receipt of health care or public benefits.
In Connection with Judicial and Administrative Proceedings The Agency may disclose your health information in the course of any judicial or administrative proceeding in response to an Order of a Court of administrative tribunal as expressly authorized by such Order or in response to a Subpoena, discovery request or other lawful process, but only when the Agency makes reasonable efforts to either notify you about the request or to obtain an Order protecting your health information.
For Law Enforcement Purposes As permitted or required by State law, the Agency may disclose your health information to a law enforcement official for certain law enforcement purposes as follows:
To Coroners and Medical Examiners The Agency may disclose your health information to coroners and medical examiners for the purposes of determining your cause of death or for other duties, as authorized by law.
To Funeral Directors The Agency may disclose your health information to funeral directors consistent with applicable law and, if necessary, to carry out their duties with respect to your funeral arrangements. If necessary to carry out their duties, the Agency may disclose your health information prior to and in reasonable anticipation of your death.
For Organ, Eye or Tissue Donation The Agency may use or disclose your health information to organ procurement organizations or other entities engaged in the procurement, banking or transplantation of organs, eyes or tissue for the purpose of facilitating the donation and transplantation.
For Research Purposes The Agency may, under very select circumstances, use your health information for research. Before the Agency discloses any of your health information for such research purposes, the project will be subject to an extensive approval process. If the Agency intends to routinely conduct research. It is important to carefully review the authorization requirements for research exceptions and revise the notice provisions as needed.
In the Event of a Serious Threat to Health or Safety The Agency may, consistent with applicable law and ethical standards of conduct, disclose your health information if the Agency, in good faith, believes that such disclosure is necessary to prevent or lessen a serious and imminent threat to your health or safety or to the health and safety of the public.
For Specified Government Functions In certain circumstances, the Federal regulations authorize the Agency to use or disclose your health information to facilitate specified government functions relating to military and veterans, national security and intelligence activities, protective service for the President and others, medical suitability determinations and inmates and law enforcement custody.
For Worker's Compensation The Agency may release your health information for worker's compensation or similar programs.
AUTHORIZATION TO USE OR DISCLOSE HEALTH INFORMATION
Other than is stated above, the Agency will not disclose your health information other than with your written authorization. If you or your representative authorizes the Agency to use or disclose your health information, you may revoke that authorization in writing at any time.
YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION
You have the following rights regarding your health information that the Agency maintains:
DUTIES OF THE AGENCY
The Agency is required by law to maintain the privacy of your health information and to provide to you and your representative this Notice of its duties and privacy practices. The Agency is required to abide by the terms of this Notice of its duties and privacy practices. The Agency is required to abide by the terms of this Notice as may be amended from time to time. The Agency reserves the right to change the terms of its Notice and to make the new Notice provisions effective for all health information that it maintains. If the Agency changes its Notice, the Agency will provide a copy of the revised Notice to you or your appointed representative. You or your personal representative has the right to express complaints to the Agency and to the Secretary of DHHS if you or your representative believes that your privacy rights have been violated. Any complaints to the Agency should be made in writing to the Privacy Officer. The Agency encourages you to express any concerns you may have regarding the privacy of your information. You will not be retaliated against in any way for filing a complaint.
CONTACT PERSON
The Agency has designated the Privacy Officer as its contact person for all issues regarding patient privacy and your rights under the Federal privacy standards. You may contact this person at Caring Hearts Hospice, (903) 887-4788, Fax (903) 887-7288.
TEXAS LAWS REGARDING PRIVACY
MARKETING The Organization may not disclose PHI for any marketing communication without the patient's written authorization, unless the communication is:
If the Organization uses or discloses PHI to send a written marketing communication through the mail, the communication must:
Sale of PHI The Organization may not disclose an individual's PHI to any other person in exchange for direct or indirect remuneration, except that the Organization may disclose an individual's PHI:
Under Texas law (and for purposes of this policy), the term "covered entity" is broader than the definition of "covered entity" under HIPAA, and includes any entity that engages in assembling, collecting, analyzing, using, evaluating, storing, or transmitting PHI as well as any entity that comes into possession of or obtains or stores PHI (including business associates). Tex. Health & Safety Code § 181.001(b)(2).
Electronic Disclosures of PHI The Organization may not electronically disclose an individual's PHI to any person without a separate authorization from the individual or the individual's legally authorized representative for each disclosure. Tex. Health & Safety Code § 181.154(b). An authorization for disclosure may be made in written or electronic form or in oral form if it is documented in writing by the Organization. An authorization for electronic disclosure is not required if the electronic disclosure is:
Under Texas law (and for purposes of this policy), the term "covered entity" is broader than the definition of "covered entity" under HIPAA, and includes any entity that engages in assembling, collecting, analyzing, using, evaluating, storing, or transmitting PHI as well as any entity that comes into possession of or obtains or stores PHI (including business associates). Tex. Health & Safety Code § 181.001(b)(2).
Communicable Diseases The Organization may not disclose any information that directly or indirectly identifies a patient as having a communicable disease, unless the disclosure is permitted under Tex. Health & Safety Code Chapter 81 (regarding mandatory reporting to the Texas Department of Health) or is otherwise permitted under state law. Tex. Health & Safety Code § 81.203.
A "communicable disease" is an illness that occurs through the transmission of an infectious agent or its toxic products from a reservoir to a susceptible host, either directly from an infected person or animal, or indirectly through an intermediate plant or animal host, vector, or the inanimate environment. Tex. Health & Safety Code § 81.003(1).
HIV/AIDS
Texas law restricts the disclosure of HIV test results. HIV test results are defined as any statement that indicates that an individual has or has not been tested for AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS, including a statement that the individual is positive, negative, at risk, or has or does not have a certain level of antigen or antibody. Tex. Health & Safety Code § 81.101(5).
The Organization may not disclose HIV test results unless the disclosure is to:
Mental Health/Substance Abuse Texas law restricts the disclosure of communications between a healthcare professional and a patient who consults or is interviewed by the healthcare professional for diagnosis, evaluation, or treatment of any mental or emotional condition or disorder, including alcoholism or drug addiction ("Mental Health Information"). Tex. Health & Safety Code § 611.001 and 611.002.
The Organization may not disclose Mental Health Information, unless the disclosure is made:
Developmental Disability Texas law restricts the disclosure of information relating to the identity, diagnosis, evaluation, or treatment of a person that is maintained in connection with the performance of a "program or activity relating to mental retardation" ("Developmental Disability Information"). Tex. Health & Safety Code § 595.001.
The Organization may not disclose Developmental Disability Information without the written consent of the patient, unless the disclosure is: