NOTICE OF PRIVACY PRACTICES
This notice
describes how medical information about you may be used and disclosed and how
you get access to this information.
Please review
it carefully.
PURPOSE OF THIS PRIVACY NOTICE
This notice
of Privacy Practices describes how we may use and disclose your protected
health information to carry out treatment, initiate payment, or conduct health
care operations and for other purposes that are permitted or required by law.
Davis County Hospital reserves the
right to make changes in the Notice of Privacy Practices. The notice describes your rights to
access and control your protected health information. “Protected Health
Information” or PHI, is information about you, including demographic
information, that may identify you and that relates to your past, present and
future physical or mental health or condition and related health care services.
Who will follow this notice:
This notice
describes the privacy policies of Davis County Hospital and that of:
Any health
care professional authorized to enter information into medical record.
All employees
of the hospital.
All business
associates of the hospital.
Our Pledge Regarding Medical Information
We understand
that medical information about you and your health is personal, and we are
committed to protecting it. A record of the care and services you receive at
Davis County Hospital is created and maintained at this location. This notice
applies to all of those records of your care.
We are
required by law to:
Make sure
that medical information that identifies you is kept private.
Provide you
with this notice of our legal duties and privacy practices regarding your
medical information.
Follow the
terms of the notice that is currently in effect. We may change the terms of our
notice at any health information that we maintain at that time. Upon your
request, we will provide you with any revised Notice of Privacy Practices. You
may obtain a copy by calling the admissions office and requesting a revised
Notice of Privacy Practices.
You may
obtain a copy by calling the admissions office and requesting a revised copy be
sent to you in the mail or asking for one at the time of your next hospital
visit.
How we may use and disclose medical
information about you:
The following
categories describe ways that we use and disclose medical information. Not
every use of disclosure in each category is listed; however, all of the ways we
are permitted to use and disclose information falls into one of these
categories;
For Treatment: We may use medical information about
you to provide, coordinate, or manage your medical treatment or services. We
may disclose medical information about you to other physicians or health care
providers who are or will be involved in taking care of you. For example would
disclose your PHI, as necessary, to a home health agency that provides care to
you. Another example is that your PHI may be provided to a physician to whom
you have been referred to ensure that the physician has the necessary
information to diagnose or treat you.
For Payment: We may use and disclose medical
information about you so that the treatment and services you receive at our
practice may be billed to and payment may be collected from you, an insurance
company, or a third party. We may also tell your health plan about a treatment
you are going to receive to obtain prior approval, to determine whether your
plan will cover treatment, and for undertaking utilization review activities.
For example, obtaining approval for hospital stay may require that your
relevant PHI be disclosed to the health plan to obtain approval for the
hospital admission.
For Healthcare Operations: We may use or disclose, as needed,
your PHI in order to support the business associates of the Hospital. These activities
include, but are not limited to quality assessment activities, employee review activities,
training of medical students, and conducting or arranging for other business
activities. We may call you by name in the lobby or waiting area when your
physician is ready to see you. We may disclose your PHI, as necessary, to
contact you to remind you of your appointment. We may share your PHI with third
party “business associate” that performs various activities (e.g. billing,
transcription services) for the Hospital.
Whenever an
arrangement between our office and a business associate involves the use or
disclosure of your PHI, we will have a written contract that contains terms
that will protect the privacy of your PHI.
We may use or
disclose your PHI, as necessary, to provide you with information about
treatment alternatives or other health-related benefits and services that may
be of interest to you. For example, your name and address may be used to send
you a newsletter about Davis County Hospital and the services we offer. You may
contact our Privacy Officer to request that these materials not be sent to you.
Uses and disclosures of PHI based upon
your written authorization
Other uses
and disclosures of your PHI 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
information has already been released by Davis County Hospital.
Other permitted and required uses and
disclosures that may be made with your consent, authorization, or opportunity
to object.
We may use
and disclose your PHI in the following instances. You have the opportunity to
agree or object to the use or disclosure of all or part of you PHI. If you are
not present or able to agree or object to the use and disclosure of the PHI,
then your physician may, using professional judgment, determine whether the
disclosure is in your best interest. In this case, only the PHI 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 PHI 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 your best
interest based on our professional representative or any other person who is
responsible for your care, general condition, or death. Finally, we may use or
disclose your PHI 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 PHI in an
emergency treatment situation. If this happens, your physician shall try to
obtain your acknowledgment of receipt of the Notice of Privacy Practices as
soon as reasonably practical after delivery of treatment.
Other permitted and required uses and
disclosures that may be made without your consent, authorization or opportunity
to object
We may use
and disclose your PHI in the following situations without your consent or
authorization to include:
Required by law: We may use or disclose your PHI to the
extent that law requires the use of disclosure. The use of disclosure will be
made in compliance with the law and will be limited to the relevant
requirements of the law. You will be notified, as required by the law, of any
such uses or disclosures.
Public Health: We may disclose your PHI for public
health activities and purposes to a public health authority that is permitted
by law to collect or receive the information. The disclosure will be made for
the purpose of controlling disease, injury, or disability. We may also disclose
your PHI, if directed by the public health, authority, to a foreign government
agency that is collaborating with the public health authority.
Communicable disease: We may disclose your PHI, 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 PHI to a health
oversight agency for activities authorized by law, such as audits,
investigations, and inspections. Oversight agencies seeking this information
included 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 PHI to a public
health authority that is authorized by law to receive reports of child abuse or
neglect.
In addition, we may disclose your PHI 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
applicable with federal and state laws.
Food and Drug Administration: We may disclose our PHI to a person or
company required by the Food and Drug Administration to report adverse effects,
product defects or problems, biologic 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 PHI in the course of any
judicial or administrative proceeding, in response to an order of a court or
administrative tribunal (to the extent such disclosure is expressly
authorized), in certain conditions in repose to a subpoena, discovery request,
or other lawful process.
Law Enforcement: We may also disclose PHI, so long as
applicable legal requirements are met 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 Hospital, and 6) medical emergency (not on the hospital premises) and is
likely that a crime has occurred.
Coroners, Funeral Directors and Organ
Donation: We may
disclose PHI information to a coroner or medical examiner for identification
purposes, determining cause of death or for the coroner medical examiner to
perform other duties authorized by law. We may also disclose PHI 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. PHI may be used
and disclosed for cadaveric organ, eye, or tissue donation purposes.
Worker’s Compensation: We may disclose your PHI as authorized
to comply with workers compensation laws and other similar legally established
programs.
Inmates: We may use or disclose your PHI if you
are an inmate of a correctional facility and your physician created or received
your PHI 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 section
164.500 et. Seq.
YOUR RIGHTS
Following is a statement of your rights with respect
to your PHI 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 your PHI
about you that is contained in a designated record set for as long as we
maintain the PHI. A “designated record set” contains medical and billing
records and any other records that your physician and the hospital use for
making decisions about you.
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 PHI that is subject to
law that prohibits access to PHI. Depending on the circumstances, a decision to
deny access may be reviewed. 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 PHI for the purposes of treatment, payment, or
health operations. You may also request that any part of your PHI 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
your physician believes, it is in your best interest to permit use and
disclosure of your PHI, your PHI will not be restricted.
If your
physician does agree to the requested restriction, we may not use or disclose
your PHI 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 may request a restriction by contacting and
discussing the issue with the Privacy Officer.
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 how payment will be handled or specification of
an alternative address or other method of contact. We will not request an
explanation from you as to the basis of the request. 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. 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 you with a copy of any such rebuttal. Please contact
our Privacy Officer to determine 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 protect health
information. This
right applies to disclosures 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. You may request a shorter time frame. The
right to receive this information is subject to certain expectations,
restrictions and limitations.
You will receive a paper copy of this
notice from us, upon
request, even if you have agreed to accept this notice electronically.
COMPLAINTS
You may voice
concerns to us or to the Secretary of Health and Human Services if you believe
your privacy rights have been violated. To file a complaint with us, notify our
Privacy Officer at 641-664-2145, extension 2208. We will not retaliate against
you for filing a complaint.
You may
contact our Privacy Officer at 641-664-2145, extension 2208, for further
information about the complaint process.
This notice
was published and became effective April 14, 2003, revised 3/24/06, revised
10/19/09.