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Privacy
Policy
Salem Area VNA may use and disclose your
medical records for the following purposes - treatment, payment, and health
care operations. Treatment means providing, coordinating,
or managing health care and related services by one or more health care
providers. An example of this would be communicating
with agency staff, physicians, and/or other treatment providers or agencies
involved in managing your treatment needs. Payment means
such activities as obtaining reimbursement for NOTICE OF PRIVACY PRACTICES
Salem Area Visiting Nurse Association
- Effective April 13, 2003
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.
The Health Insurance Portability & Accountability Act of 1996 (HIPAA)
is a federal program that requires all medical records and other individually
identifiable health information that is used or disclosed by us in any
form, whether electronically, on paper, or orally, are kept properly confidential.
HIPAA gives you the patient, significant new rights to understand and
control how your health information is used. It also provides penalties
for covered entities that misuse personal health information.
As required by HIPAA, we have prepared this explanation of how we are
required to maintain the privacy of your health information and how we
may use and disclose your health information.
Services, confirming coverage, or billing
collection activities, and utilization review. Examples
of this would be sending a bill for covered services, checking authorization
prior to services beginning, and review of your patient records by third
party payer.
Health Care Operations
include the business aspects of running our organizations, such as conducting
quality assessment and improvement activities, auditing functions, cost/management
analysis, and customer service. An example of this would
be review of your files by our accrediting organizations such as Joint
Commission of Accreditation of Health Care Organizations (JCAHO) or our
Medicare surveys.
Salem Area VNA will comply with the privacy
regulations with respect to the protected health information of a deceased
individual as long as patient records are maintained (7 years post treatment
for adults, 7 years past achievement of age 21 for children’s records).
We may also create and distribute de/identified
health information by removing all references to individually
identifiable information. De/identified health information removes any
information connecting it to the individual or there is at least a reasonable
basis to believe that the information cannot be used to identify any individual.
We may contact you to provide reminders
of visit times, or to schedule visits. We may also contact you with any
information about treatment alternatives or other health related benefits
and services that may be related to your care while under our services,
or in planning for post discharge alternatives.
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Salem Area VNA may disclose protected health information without the authorization
of the individual, or the opportunity of the individual to agree or object,
in the following situations:
- Uses and disclosures required
by law. The provider may use or disclose protected health information
(PHI) to the extent required by law and the use or
disclosure complies with and is limited to the relevant requirement
of such law.
- Uses and disclosures for public
health activities. These activities include but are not limited
to: reporting of communicable diseases, reporting of child abuse or
neglect, and/or reporting of disease, injury, vital events such as deaths,
and the conduct of public health surveillance activities.
- Disclosures about victims
of abuse, neglect, and/or domestic violence. The agency must
comply with mandatory reporting requirements to the extent the disclosure
is required by law and the disclosure complies with and is limited to
the relevant requirements of the law.
- Uses and disclosures for health
oversight activities. The provider may disclosure (PHI)
for oversight activities authorized by law, including audits: civil,
administrative, or criminal investigations, inspections, licensure or
disciplinary actions, or other activities necessary of appropriate oversight
of:
Health care system (s); Government
benefit programs for which health information is relevant for eligibility;
Entities subject to government regulatory programs for which health
information is necessary for determining compliance with program standards;
Entities subject to civil rights laws for which health information
is necessary for determining compliance.
- Disclosures for judicial
and administrative proceedings. The provider may disclose PHI
in the course of any judicial or administrative proceeding in response
to a court order or subpoena only to the extent authorized by such order.
- Disclosures for law enforcement
purposes.
- The provider may disclose PHI to
a law enforcement official in the following situations:
Pursuant to process
and as required by law; Limited information for identification and
location purposes; Victims of a crime; Decedents; Crime on premises;
Reporting crime in emergencies.
- Uses and disclosures about decedents.
The provider may disclose PHI for purpose of identifying a deceased
person, determining a cause of death, and notification of a funeral
director.
- Uses and disclosures for organ
and tissue donations.
- Uses and disclosures for research
purposes.
- Uses and disclosures to avert
a serious threat to health or safety
- Uses and disclosures for specialized
government functions. This permits the provider to disclose
PHI for certain military and veteran’s activities,
national security, and intelligence activities, and protective services
for the president and/or others.
- Disclosures for worker’s
compensation. The provider may disclose PHI
as authorized by and to the extent necessary to comply with the laws
related to workers compensation or other similar programs.
Any other uses and disclosures other that
those specified above will be made only with your written authorization.
You may revoke such authorization in writing and we will be required to
honor and abide by that written request, except to the extent that we
have already taken actions relying on your authorization.
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You have the following rights with respect
to your protected health information, which you can exercise by presenting
a written request to the Salem Area VNA privacy officer:
- The right to request restrictions
on certain uses and disclosures of protected health information,
including those related to the disclosures to family members, other
relatives, close personal friends, or any other person identified by
you. We are, however, not required to agree to requested restrictions.
If we do agree to a restriction we must abide by it unless you agree
in writing to remove it.
- The right to reasonable requests
to receive confidential communications of PHI
from us by alternative means or at alternative locations.
- The right to inspect and
copy your protected health information.
- The right to amend
your protected health information.
- The right to receive an
accounting of disclosures of protected health information.
This right does not apply to activities related to
treatment, payment, and health care operations of the agency. It also
does not apply to those areas identified in the exceptions category
listed above.
- The right to obtain a paper copy
of this notice from us upon request.
Salem Area VNA is required by law to maintain
the privacy of your PHI and to provide you with notice
of our legal duties and privacy practices with respect to PHI.
This notice is effective April 1, 2003,
and we are required to abide by the terms of the Notice of Privacy Practices
currently in effect. We reserve the right to change the terms of our Notice
of Privacy Practices and to make the new notice provisions effective for
all PHI that we maintain. We will provide you with a written copy of the
notice on admission to our services and you may request a written copy
of a revised Notice of Privacy Practices from this agency.
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If you feel your privacy protections have
been violated, you have the right to file a formal written complaint.
You may file a complaint with our office by requesting to speak with the
Privacy Officer or address your written inquiry to “Attention Privacy
Officer” Salem Area VNA. You may also file a complaint with the
Department of Health and Human Services, Office of Civil Rights, about
violations of the provisions of this notice or the policies and procedures
of our office. We will not retaliate against you for filing a complaint.
For more information about HIPAA
or to file a complaint:
Privacy Officer
Salem Area Visiting Nurse Association
718 E. Third Street, Suite A
Salem, Ohio 44460
(330) 332-9986
The U.S. Department of Health &
Human Services
Office of Civil Rights
200 Independence Ave., S.W.
Washington, D.C. 20201
(202) 619-0257
Toll Free: 1-877-696-6775
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