Notice of Privacy
Practices for Health Care Providers
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION
ABOUT YOUR CHILD MAY BE USED AND DISCLOSED AND HOW YOU MAY HAVE
ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. THIS NOTICE
APPLIES TO ALL OF THE RECORDS OF YOUR CHILD’S CARE GENERATED
BY HOLMES COUNTY FAMILY AND CHILDREN FIRST COUNCIL, WHETHER MADE
BY THE COUNCIL OR A BUSINESS ASSOCIATE.
You should be aware that the Council is an association
of various community organizations. To best serve you, medical
information received by the Council may be shared with other participating
community organizations which include but are not limited to,
Mental Health & Recovery Board of Wayne and Holmes Counties,
Tri-County Educational Service Center, Holmes County Commissioners,
Holmes County Board of MR/DD, Holmes County Department of Job
and Family Services, Holmes County Juvenile Court, Holmes County
Health Department, West Holmes Local School District, East Holmes
Local School District, Your Human Resource Center, Project STAY,
Southeast Local Schools, Kno-Ho-Co CAC, The Counseling Center
of Wayne and Holmes Counties, OSU Extension and Every Woman’s
House.
We are required to abide by the terms of this
Notice of Privacy Practices. We may change the terms of our notice,
at any time. Upon your request, we will provide you with any revised
Notice of Privacy Practices by contacting your case manager and
asking for one at the time of you next appointment or by requesting
that a revised copy be sent to you in the mail.
1. How We May Use and Disclose Medical Information
About You.
Your child’s protected health information may be used and
disclosed by your physician, our office staff and others outside
of our office that are involved in your care and treatment for
the purpose of providing health care services to you. Your protected
health information may also be used and disclosed to collect payment
for your health care bills and to support the operation of the
physician’s practice. Following are examples of the types
of uses and disclosures of your protected health care information
that is permitted:
Treatment: We will use and disclose such portions
of your protected health information to provide, coordinate, or
manage your health care and any related services. This may include
the coordination or management of your health information, as
necessary, to a home health agency or a managed care or assessment
group. We will also disclose protected health information to other
physicians who may be treating you or with whom we have consulted
about your treatment. In addition, we may disclose your protected
health information from time-to-time to another physician or health
care provider (e.g., a specialist or laboratory) who, at the request
of your physician, becomes involved in your care by providing
assistance with your health care diagnosis or treatment to your
physician.
Payment: Your protected health information will
be used, to obtain payment for your health care services. This
may include certain activities that your health insurance plan
may undertake before it approves or pays for the health care services
we recommend for you and may include, but are not limited to,
the following: making a determination of eligibility or coverage
for insurance benefits; reviewing services provided to you for
medical necessity; undertaking utilization review activities;
reports to credit bureaus or collection agencies; and, to our
attorneys for collection, if necessary. For example, obtaining
approval for a hospital stay may require that your relevant protected
health information be disclosed to the health plan to obtain approval
for the hospital admission.
Healthcare Operations: We may use or disclose,
as needed, your protected health information in order to support
the business activities of Holmes County Family and Children First
Council. These activities include, but are not limited to, the
following: quality assessment activities; employee review activities;
health care or financial audits; training of social workers; licensing,
marketing and fundraising activities; and conducting or arranging
for other business activities. For example, we may disclose your
protected health information to social work students that work
at our office. We may use or disclose your protected health information,
as necessary, to contact you to discuss your appointment. This
contact will include leaving messages on your home answering machine
or mailing notices to your home.
We will share your protected health information
with third party “business associates” that perform
various activities (e.g., billing, transcription services) for
Holmes County Family & Children First Council.
We may use or disclose your protected health information,
as necessary, to provide you with information about treatment
alternatives or other health-related benefits and services that
may be of interest to you.
2. Uses and Disclosures of Protected Health Information
Based Upon Your Written Authorization
Other uses and disclosures of your protected health information
will be made only with your written authorization, unless otherwise
permitted or required by law as described below. You may revoke
this authorization, at any time, in writing, except to the extent
that your physician or the physician’s practice has taken
an action in reliance on the use or disclosure indicated in the
authorization. You understand that once treatment or diagnosis
is provided to you, our actions in seeking payment in connection
with the treatment or diagnosis provided to you are in reliance
upon your written authorization.
3. Other Permitted & Required Uses & Disclosures
That May Be Made Without Your Authorization
We may use and disclose your protected health information in the
following instances. You have the opportunity to agree or object
to the use or disclosure of all or part of your protected health
information. If you are not present or able to agree or object
to the use or disclosure of the protected health information,
then your physician may, using professional judgment, determine
whether the disclosure is in your best interest. In this case,
only the protected health information that is relevant to your
health care will be disclosed.
Others Involved in Your Healthcare: Unless you
object, we may disclose to a member of your family, a relative,
a close friend or any other person you identify, your protected
health information that directly relates to that person’s
involvement in your health care. If you are unable to agree or
object to such a disclosure, we may disclose such information
as necessary if we determine that it is in your best interest
based on our professional judgment. We may use or disclose protected
health information to notify or assist in notifying a family member,
personal representative or any other person that is responsible
for your care of your location, general condition or death. Finally,
we may use or disclose your protected health information to an
authorized public or private entity to assist in disaster relief
efforts and to coordinate uses and disclosures to family or other
individuals involved in your health care.
Emergencies: We may use or disclose your protected
health information in an emergency treatment situation. If this
happens, your physician shall try to obtain your acknowledgment
of receipt of the Practice’s Notice of Privacy Practices
as soon as reasonably practicable after the delivery of treatment.
4. Other Permitted and Required Uses and Disclosures
That May Be Made Without Your Consent, Authorization or Opportunity
to Object
We may use or disclose your protected health information in the
following situations without your consent or authorization. These
situations include the following:
Required By Law: We may use or disclose your protected
health information to the extent that the use or disclosure is
required by law.
Public Health: We may disclose your protected
health information for public health activities and purposes to
a public health authority that is permitted by law to collect
or receive the information.
Communicable Diseases: We may disclose your protected health information,
if authorized by law, 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: We may disclose your protected
health information to a health oversight agency for activities
authorized by law, such as audits, investigations, and inspections.
Oversight agencies seeking this information include government
agencies that oversee the health care system, government benefit
programs, other government regulatory programs, and civil rights
laws.
Abuse or Neglect: We may disclose your protected
health information to a public health authority that is authorized
by law to receive reports of child abuse or neglect. In addition,
we may disclose your protected health information if we believe
that you have been a victim of abuse, neglect or domestic violence
to the governmental entity or agency authorized to receive such
information. In this case, the disclosure will be made consistent
with the requirements of applicable federal and state laws.
Food and Drug Administration: We may disclose
your protected health to a person or company required by the Food
and Drug Administration to report adverse events, product defects
or problems, biological product deviations, track products; to
enable product recalls; to make repairs or replacements, or to
conduct post marketing surveillance, as required.
Legal Proceedings: We may disclose protected health
information in the course of any judicial or administrative proceeding,
in response to an order of a court or administrative tribunal
or in response to a subpoena, discovery request or other lawful
process.
Law Enforcement: We may also disclose protected
health information for law enforcement purposes. These law enforcement
purposes include (1) legal processes and otherwise required by
law, (2) limited information requests for identification and location
purposes, (3) pertaining to victims of a crime, (4) suspicion
that death has occurred as a result of criminal conduct, (5) in
the event that a crime occurs on the premises of the practice,
and (6) medical emergencies (not on the Practice’s premises)
where it is likely that a crime has occurred.
Coroners, Funeral Directors and Organ Donation:
We may disclose protected health information to a coroner or medical
examiner for identification purposes, determining cause of death
or for the coroner or medical examiner to perform other duties
authorized by law. We may also disclose protected health information
to a funeral director, as authorized by law, in order to permit
the funeral director to carry out their duties. We may disclose
such information in reasonable anticipation of death. Protected
health information may be used and disclosed for cadaveric organ,
eye or tissue donation purposes.
Research: We may disclose your protected health
information to researchers when their research has been approved
by an institutional review board that has reviewed the research
proposal and established protocols to ensure the privacy of your
protected health information.
Criminal Activity: Consistent with applicable
federal and state laws, we may disclose your protected health
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 the public. We may also disclose protected
health information if it is necessary for law enforcement authorities
to identify or apprehend an individual.
Military Activity and National Security: When
the appropriate conditions apply, we may use or disclose protected
health information of individuals who are Armed Forces personnel
(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
foreign military authority if you are a member of that foreign
military service. We may also disclose your protected health information
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 protected health
information may be disclosed by us as authorized to comply with
workers’ compensation laws.
Inmates: We may use or disclose your protected
health information if you are an inmate of a correctional facility
and your physician created or received your protected health information
in the course of providing care to you.
Required Uses and Disclosures: Under the law,
we must make disclosures to you and when required by the Secretary
of the Department of Health and Human Services to investigate
or determine our compliance with the requirements of 45 CFR Section
164.500 et seq.
5. Your Rights
The following is a statement of your rights with respect to your
protected health information and a brief description of how you
may exercise these rights:
You have the right to inspect and copy your protected health information.
This means you may inspect and obtain a copy of protected health
information about you that is contained in a designated record
set for as long as we maintain the protected health information.
A “designated record set” contains medical and billing
records and any other records that Holmes County Family &
Children First Council uses for making decisions about you. You
will be charged a reasonable fee if you are requesting copies.
Under federal law, however, you may not inspect or copy the following
records: psychotherapy notes; information compiled in reasonable
anticipation of, or use in, a civil, criminal, or administrative
action or proceeding; and protected health information that is
subject to law that prohibits access to protected health information.
Depending on the circumstances, a decision to deny access may
be reviewable. In some circumstances, you may have a right to
have this decision reviewed. Please contact our Privacy Officer
if you have questions about access to your medical record.
You have the right to request a restriction of
your protected health information. This means you may ask us not
to use or disclose any part of your protected health information
for the purposes of treatment, payment or healthcare operations.
You may also request that any part of your protected health information
not be disclosed to family members or friends who may be involved
in your care or for notification purposes as described in this
Notice of Privacy Practices. Your request must state the specific
restriction requested and to whom you want the restriction to
apply.
Your physician is not required to agree to a restriction
that you may request. If physician believes it is in your best
interest to permit use and disclosure of your protected health
information, your protected health information will not be restricted.
If you physician does agree to the requested restriction, we may
not use or disclose your protected health information in violation
of that restriction unless it is needed to provide emergency treatment.
With this in mind, please discuss any restriction you wish to
request with your physician.
You have the right to request to receive confidential
communications from us by alternative means or at an alternative
location. We will accommodate reasonable requests. We may also
condition this accommodation by asking you for information as
to how payment will be handled or specification of an alternative
address or other method of contact. Please make this request in
writing to our Privacy Officer.
You may have the right to have your physician
amend your protected health information. This means you may request
an amendment of protected health information about you in a designated
record set for as long as we maintain this information. In certain
cases, we may deny your request for an amendment. If we deny your
request for amendment, you have the right to file a statement
of disagreement with us and we may prepare a rebuttal to your
statement and will provide with a copy of any such rebuttal. Please
contact our Privacy Officer if you have questions about amending
your medical record.
You have the right to receive an accounting of
certain disclosures we have made, if any, of your protected health
information. This right applies to disclosure for purposes other
than treatment, payment or healthcare operations as described
in this Notice of Privacy Practices. It excludes disclosures we
may have made to you, for a facility directory, to family members
or friends involved in your care, or for notification purposes.
You have the right to receive specific information regarding these
disclosures that occurred after April 14, 2003. The right to receive
this information is subject to certain exceptions, restrictions
and limitations.
You have the right to obtain a paper copy of this
notice from us.
6. Complaints
You may file a complaint with us or with Secretary of Health and
Human Services if you believe your privacy rights have been violated
by us. You may file a complaint with us by notifying our Privacy
Officer. We will not retaliate against you for filing a complaint.
You may contact our Privacy Officer, for further information about
the complaint process.
This notice was published and becomes effective
on April 14, 2003.
If you have any questions about this Notice, please
contact:
Kathy Kelly,
Holmes County FCFC Coordinator
Privacy Officer
85 North Grant St., PO Box 72
Millersburg, Ohio 44654 330-674-6070
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