LYMPHACARE
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW HEATH INFORMATION ABOUT
YOU MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS IDENTIFIABLE
INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY.
Our Commitment to Your Privacy
LYMPHACARE is dedicated to maintaining the privacy of your
identifiable health information. In conducting our business, we will create
records regarding you and the treatment and services we provide you. We are
required by law to maintain the confidentiality of health information that
identifies you. We also are required by law to provide you with this notice of
our legal duties and privacy practices concerning your identifiable health
information. By law, we must follow the terms of the notice of privacy
practices that we have in effect at the time.
To summarize, this notice provides you with the following
information:
¥ How we may use and disclose your
identifiable health information
¥ Your privacy rights in your identifiable
health information
¥ Our obligations concerning the use and
disclosure of your identifiable health information.
The terms of this notice apply to all records containing
your identifiable health information that are created or retained by our
organization. We reserve the right to revise or amend our notice of privacy
practice. Any revision or amendment to this notice will be effective for all of
your records our organization has created or maintained in the past, and for
any of your records we may create in the future.
If you have any questions about this notice,
please contact LYMPHACARE'S Compliance Officer.
We may use and disclose your information in the following
ways:
1.
Treatment. We may use your identifiable information to
provide supplies and services to you. For example, we ask you to provide us
with such information as body weight, height , etc. Many of the people who work
for us may use or disclose your identifiable health information in order to
provide supplies and services to you or to assist others in your treatment.
Additionally, we may disclose your identifiable health information to others
who may assist in your care, such as your physician, therapists, spouse,
children or parents.
2. Payment. We may use and disclose your
identifiable health information in order to bill and collect payment for the
services and supplies you may receive from us. For example, we may contact your
health insurer to certify that you are eligible for benefits (and for what
range of benefits), and we may provide your insurer with details regarding your
treatment to determine if your insurer will cover, or pay for your supplies
and/or services. We may also use and disclose your identifiable health
information to obtain payment from third parties that may be responsible for
such costs, such as family members. Also, we may use your identifiable health
information to bill you directly for services and supplies.
3.
Health Care Operations. We may use and disclose your
identifiable health information to operate our business. As examples of the
ways in which we may use and disclose your health information for our
operations, may use your health information to evaluate the quality of care you
receive from us, or to conduct cost-management and business planning activities
for our business.
4.
Appointment Reminders. We may use and disclose your
identifiable health information to contact you and remind you of
visits/deliveries.
5.
Health-Related Benefits and Services. We may use your identifiable
health information to inform you of health-related benefits or services that
may be of interest to you.
6.
Release of Information to Family / Friends. We may release your identifiable
health information to a friend or family member that is helping you pay for
your health care, or who assists in taking care of you.
7.
Disclosures Required By Law. We will use and disclose your
identifiable health information when we are required to do so by federal, state
or local law.
Use and Disclosure of Your Identifiable Health
Information in Certain Special Circumstances
The following categories describe unique scenarios in
which we may use or disclose your identifiable health information:
1.
Public
Health Risk. We
may disclose your identifiable health information to public health authorities
that are authorized by law to collect information for the purpose of:
◦ Maintaining vital records, such as
births and deaths
◦ Reporting child abuse or neglect
◦ Preventing or controlling disease,
injury or disability
◦ Notifying
a person regarding a potential exposure to a communicable disease
◦ Notifying a person regarding a potential
risk for spreading or contracting a disease or condition
◦ Reporting reactions to drugs or problems
with products or devices
◦ Notifying individuals if a product or
device they may be using has been recalled
◦ Notifying appropriate government
agency(ies) and authority(ies) regarding the potential abuse or neglect of an
adult patient (including domestic violence); however, we will only disclose
this information if the patient agrees or we are required or authorized by law
to disclose this information.
2.
Health Oversight Activities. We may disclose your health information
to a health oversight agency for activities authorized by law. Oversight
activities can include, for example, investigations, inspections, audits,
surveys, licensure and disciplinary actions; civil, administrative, and
criminal procedures or actions; or other activities necessary for the
government to monitor government programs, compliance with civil rights laws
and the health care system in general.
3.
Lawsuits and Similar Proceedings. We may use and disclose your
identifiable health information in response to a court or administrative order,
if you are involved in a lawsuit or similar proceeding. We also may disclose
your identifiable health in response to a discovery request, subpoena, or other
lawful process by another party involved in a dispute, but only if we have made
an effort to inform you of the request or to obtain an order protecting the
information the party has requested.
4.
Law Enforcement. We may release identifiable
health information if asked to do so by a law enforcement official:
◦ Regarding a crime victim in certain
situations, if we are unable to obtain the person's agreement
◦ Concerning a death we believe might have
resulted from criminal conduct
◦ Regarding criminal conduct in our
offices
◦ In response to a warrant, summons, court
order, subpoena, or similar legal process
◦ To identify/locate a suspect, material
witness, fugitive or missing person
◦ In an emergency, to report a crime
(including the location or victim(s) of the crime, or the description, identity
or location of the perpetrator)
5.
Serious Threats to Health or Safety. We may use and disclose your
identifiable health information when necessary to reduce or prevent a serious threat
to your health and safety or the health and safety of another individual or the
public. Under these circumstances, we will only make disclosures to a person or
organization able to help prevent the threat.
6.
Military. We may disclose your identifiable health
information if you are a member of U.S. or foreign military forces (including
veterans) and if required by the appropriate military command facilities.
7.
National Security. We may disclose your
identifiable health information to federal officials for intelligence and
national security activities authorized by law. We also may disclose your
identifiable health information to federal officials in order to protect the
President, other officials or foreign heads of state, or to conduct investigations.
8.
Inmates. We may disclose your identifiable health
information to correctional institutions or law enforcement officials if you
are an inmate or under the custody of a law enforcement official. Disclosure
for these purposes would be necessary: (a) for the institution to provide
health care services to you, (b) for the safety and security of the
institution, and/or (c) to protect your health and safety or the health and
safety of other individuals.
9.
Workers Compensation. We may release your identifiable
health information for workers compensation and similar programs.
10.
Coroners, Medical
Examiners and Funeral Directors. We may disclose health information to a coroner or
medical examiner. We may also disclose medical information to funeral directors
consistent with applicable law to carry out their duties.
11.
Organ Procurement
Organizations.
Consistent with applicable law, We may disclose health information to organ
procurement organizations or entities engaged in the procurement, banking, or
the transportation of organs for the purpose of tissue donation and transplant.
12.
Research. We may disclose information to
researchers when their research has been approved by an Institutional Review
Board or Privacy Board that has reviewed the research proposal and established
protocols to ensure the privacy of your healthcare information.
Your Rights Regarding Your Identifiable Health
Information
1.
Confidential Communications. You have the right to request
that we communicate with you about your health and related issues in a
particular manner or at a certain location. For instance, you may ask that we
contact you at home, rather than work. In order to request a type of
confidential communication, you must make a written request to us, specifying
the requested method of contact or location where you wish to be contacted. We
will accommodate reasonable requests. You do not need to give a reason for your
request.
2.
Requesting Restrictions. You have the right to request a
restriction in our use or disclosure of your identifiable health information
for treatment, payment or health care operations. Additionally, you have the
right to request we limit our disclosure of your identifiable health care
information to individuals involved in your care or the payment for your care,
such as family members and friends. We are not required to agree to your
request; however, if we do agree, we are bound by our agreement except when
otherwise required by law, in emergencies, or when the information is necessary
to treat you. In order to request a restriction in our use or disclosure of
your identifiable health information, you must make your request in writing to
us. Your request must describe in clear and concise fashion: (a) the
information you wish restricted; (b) whether you are requesting to limit our
use, disclosure or both; and (c) to whom you want the limits to apply.
3.
Inspection and Copies. You have the right to inspect
and obtain a copy of the identifiable health information that may be used to
make decisions about you, including patient medical records and billing
records, but not including psychotherapy notes. You must submit your request in
writing to us in order to inspect and/or obtain a copy of your identifiable
health information. We may charge a fee for the costs of copying, mailing,
labor and supplies associated with your request. We may deny your request to
inspect and/or copy in certain limited circumstances; however, you may request
a review of our denial. Reviews will be conducted by another licensed health
care professional chosen by us.
4.
Amendment. You may ask us to amend your health information
if you believe it to be incorrect or incomplete, and you may request an amendment
for as long as the information is kept by or for us. To request an amendment,
your request must be made in and submitted to us in writing. You must provide
us with a reason that supports your request for amendment. We will deny your
request if you fail to submit your request (and the reason supporting your
request) in writing. Also, we may deny your request if you ask us to amend
information that is: (a) accurate and correct; (b) not part of the identifiable
health information kept by or for us; (c) not part of the identifiable health
information which you would be permitted to inspect and copy; (d) not created
by us, unless the individual or entity that created the information is not
available to amend the information.
5.
Accounting of Disclosures. All of our patients have the
right to request an accounting of disclosures. An accounting of disclosures is
a list of certain disclosures we have made of your identifiable health
information. In order to obtain an accounting of disclosures, you must submit
your request in writing to our office. All requests for an accounting of
disclosures must state a time period which may not be longer than six years and
may not include dates before April 14, 2003. The first list you request within
a 12 month period is free of charge, but we may charge you for additional lists
within the same 12 month period. We will notify you of the cost involved with
additional requests, and you may withdraw your request before you incur any
costs.
6.
Right to a Paper Copy of This Notice. You are entitled to receive a
paper copy of our Notice of Privacy Practices. You may ask us to give you a
copy of this notice at any time. To obtain a paper copy of this notice, contact
our office.
7.
Right to File a Complaint. If you believe your privacy
rights have been violated, you may file a compliant with us or with the Office
of Civil Rights. All complaints must be in writing. You will not be penalized
for filing a complaint.
8. Right to Provide an Authorization for Other Uses
and Disclosures.
We will obtain
your written authorization for uses and disclosures that are not identified by
this notice or permitted by applicable law. Any authorization you provide to us
regarding the use and disclosure of your identifiable health information may be
revoked at any time in writing. After you revoke your authorization, we will no
longer use or disclose your identifiable health information for the reasons
described in the authorization. Please note, we are required to retain records
of your care.