HIPAA Statement

Hospice By The Sea is committed to compliance with the standards of the Health Insurance Portability and Accountability Act (HIPAA) of 1996.

Please be assured that Hospice By The Sea takes its obligations under HIPAA very seriously. We have trained our workforce to request and all Hospice By The Sea representatives and business associates are required to sign confidentiality agreements acknowledging the sensitive nature of protected health information and their legal obligation to refrain from improper uses and disclosures of such information.

Please read our Notice of Privacy Practices below:

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.

If you have any questions about this notice, please contact the Manager of Health Information Management.

This notice describes HBTS and HCBTS’s practices and that of:

• Any health care professional authorized to enter information into your medical record.
• All departments and units of the facility.
• Any member of the volunteer group.
• All employees, medical staff, staff and other facility personnel.

OUR PLEDGE REGARDING MEDICAL INFORMATION:

We at HBTS and HCBTS understand that medical information about you and your health is personal.  We are committed to protecting medical information about you. We create a record of the care and services you receive at our facilities. We need this record to provide you with quality care and to comply with legal requirements. This notice applies to all of the records of your care generated by our facilities, whether made by HBTS and/or HCBTS personnel or your personal doctor. Your personal doctor may have different policies or notices regarding the doctor’s use and disclosure of your medical information created in the doctor’s office or clinic.

This notice will inform you about the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information.

We are required by law to:

• make sure that medical information that identifies you is kept private;
• give you notice of our legal duties and privacy practices with respect to medical information about you; and
• follow the terms of the notice currently in effect.

HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU.

The following categories describe different ways that we use and disclose medical information.  For each category of uses and disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed.  However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

• For Treatment.  We may use medical information about you to provide you with medical treatment or services. We may disclose medical information about you to doctors, nurses, technicians, medical students, members of the Interdisciplinary Team or other facility personnel who are involved in taking care of you. Different departments may need to share medical information about you to coordinate the different things you need, such as prescriptions, lab work, and x-rays. We may also disclose information about you to people outside the facility who may be involved in your medical care or others we use to provide services that are part of your care.

• For Payment.  We may use and disclose medical information about you so that the treatment and services you receive may be billed and payment may be collected from you, an insurance company, or a third party. For example, we may need to give your health plan information so the health plan will pay us or reimburse you for services provided. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover treatment.

• For Health Care Operations.  We may use and disclose medical information about you for facility operations. These uses and disclosures are necessary to run the facility and make sure that all our patients receive quality care. We may use medical information to review our treatment and services and to evaluate the performance of our staff in caring for you.  We may also combine medical information about many patients to decide what additional services the facility should o ffer, what services are not needed, and how we can improve on the services provided. We may disclose medical information about you to doctors, nurses, technicians, medical students, or other facility personnel for review and learning purposes. We may also combine the medical information with other facilities to compare how we are doing and see where we can make improvements in the care and the services we offer. We may remove information that identifies you from this set of medical information so others may use it to study health care and health care delivery without identifying the specific patients.

• Appointment Reminders. We may use and disclose medical information to contact you as a reminder that you have an appointment for treatment; counseling, etc.

• Treatment Alternatives. We may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.

• Health-Related Benefits and Services. We may use and disclose medical information to tell you about health-related benefits or services that may be of interest to you.

• Fundraising Activities. We may use and disclose medical information about you including your name, address, phone number and the dates you received care in order to contact you and your family for Hospice fundraising purposes. Hospice may also release this information to a related Hospice foundation.  If you do not want Hospice to contact you or your family, please notify the Director of Community Relations.

• Patient Directory. We may include certain limited information about you while you are a patient at our facility. This information may include your name, location in the Care Center(s), your general condition, and your religious affiliation. The directory information may also be released to people who ask for you by name. Your religious affiliation may be given to a member of the clergy even if they do not ask by name.  This is so your family, friends and clergy may visit you and generally know how you are doing.

• Individuals Involved in Your Care or Payment for Your Care. We may release medical information about you to a friend or family member who is involved in your medical care. We may also give information to someone who pays for your care. We may also tell your family and friends your condition and that you are under our care in one of our facilities. In addition, we may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status and location.

• Research. Under certain circumstances, we may use and disclose medical information about you for research purposes. All research projects are subject to a special approval process. This process evaluates a proposed research project and its use of medical information Before we use or disclose medical information for research, the project will be approved through the research approval process, but we may, however, disclose medical information about you to people preparing to conduct the research project. We will always ask for specific permission if the researcher will have access to your name, address or other information that reveals who you are, or will be involved in your care.

• As Required by Law.  We will disclose medical information about you when required to do so by federal, state or local law.

• To Avert a Serious Threat to Health or Safety. We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.

SPECIAL SITUATIONS

• Organ and Tissue Donation. If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. 

• Military and Veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.

• Workers’ Compensation. We may release medical information about you for workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.

• Public Health Risks. We may disclose medical information about you for public health activities. These generally include the following:

  1.to prevent or control disease, injury, or disability;
  2.to report births or deaths;
  3.to report child abuse or neglect;
  4.to report reactions to medications or problems with products;
  5.to notify people of recalls of products they may be using;
  6.to notify a person who may have been exposed to a disease or may be at risk for    contracting or spreading a disease or condition;

  7. to notify the appropriate government authority if we believe a patient has been a victim of abuse, neglect, or domestic violence. We will only make this disclosure if you agree or when required or authorized by law.

• Health Oversight Activities.  We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include audits, surveys, investigations, inspections, government programs, and compliance with civil rights laws.

• Lawsuits and Disputes.  If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order.  We may also disclose medical information about you in response to subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.

• Law Enforcement.  We may release medical information if asked to do so by a law enforcement official:

  1. In response to a court order, subpoena, warrant, summons, or similar process;
  2. To identify or locate a suspect, fugitive, material witness, or missing person;
  3. About the victim of a crime if, under certain limited circumstances, we are unable to     obtain the person’s agreement;
  4. About a death we believe may be the result of criminal conduct;
  5. About criminal conduct at the facility; and
  6. In emergency circumstances to report a crime; the location of the crime or victims;     or the identity, description or location of the person who committed the crime.

• Coroners, Medical Examiners and Funeral Directors.  We may release medical information to a coroner or medical examiner.  This may be necessary to identify a deceased person or determine the cause of death.  We may also release medical information about patients of the facility to funeral directors as necessary to carry out their duties.

• National Security and Intelligence Activities.  We may release medical information about you to authorize federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

• Protected Services for the President and Others.  We may disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.

•  Security Clearances.  Not applicable.

•  Inmates.  If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution. 

YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU.

You have the following rights regarding medical information we maintain about you:

• Right to Inspect and Copy.  You have the right to inspect and copy medical information that may be used to make decisions about your care. Usually this includes medical and billing records, but does not include psychotherapy notes.

  To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to the Manager of Health Information Management.  If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request.

We may deny your request to inspect and copy in certain very limited circumstances.  If you are denied access to medical information, you may request that the denial be reviewed.  Another licensed health care professional chosen by the facility, the Patient Advocate or designee, will review your request and the denial.  The person conducting the review will not be the person who denied your request.  We will comply with the outcome of the review. 

• Right to Amend. If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by the facility. 

To request an amendment, your request must be made in writing and submitted to the Manager of Health Information Management. In addition, you must provide a reason that supports your request.

We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:

1.  Was not created by our facility, unless the person or entity that      created the information is no longer available to make the amendment;

2.  Is not part of the medical information kept by or for the facility;

3.  Is not part of the information which you would be permitted to inspect      and copy; or

4.  is accurate and complete.

• Right to an Accounting of Disclosures. You have the right to request an “accounting of disclosures.” This is a list of the disclosures we made of medical information about you.

To request this list or accounting of disclosures, you must submit your request in writing to the Manager of Health Information Management. Your request must state a time period, which may not be longer than six (6) years and may not include dates before February 26, 2003.  Your request should indicate in what form you want the list (for example paper, electronically).  The first list you request within a twelve (12) month period will be free.  For additional lists, we may charge you for the costs of providing the list.  We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. 

• Right to Request Restrictions.  You have a right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations.  You also have a right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment of your care, like a family member or friend. 

We are not required to agree to your request.  If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment.

To request restrictions, you must make your request in writing to the Manager of Health Information Management. In your request, you must tell us (1) what information you want to limit;  (2) whether you want to limit use, disclosure, or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse.

• Right to Request Confidential Information. You have a right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can request we contact you only by mail.

  To make confidential communications, you must make your request in writing to the Manager of Health Information Management. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

• Right to a Paper Copy of this Notice.  You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.

CHANGES TO THIS NOTICE

We reserve the right to change this notice.  We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice in the facility.  The notice will contain on the first page, top right-hand corner, the effective date. In addition, each time you register at or are admitted to the facility for treatment or other health care services, we will offer a copy of the current notice in effect.

COMPLAINTS

If you believe your privacy rights have been violated, you may file a complaint with the facility or with the Secretary of the Department of Health and Human Services.  To file a complaint, contact the Manager of Health Information Management.  All complaints must be submitted in writing.

You will not be penalized for filing a complaint.

OTHER USES OF MEDICAL INFORMATION

Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written permission.  If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization.  You understand that we are unable to take back any disclosures we have all ready made with your permission, and that we are required to retain our records of the care that we provided to you.