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W. R. WINSLOW MEMORIAL HOME
NOTICE OF PRIVACY PRACTICES
EFFECTIVE DATE: April 14, 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.
If you have any questions about this
notice, please contact the Privacy Officer at (252)338-3975.
WHO WILL FOLLOW THIS NOTICE.
This notice describes W. R.
Winslow Memorial Home’s (hereafter referred to as "Nursing
Home") practices at all its locations and that of:
Any independent health care
professional who treats or cares for Residents at the Nursing Home and
is authorized to enter information into your medical record.
All departments and units of Nursing
Home.
All employees of Nursing Home.
Any volunteers we allow to help you
while you are in Nursing Home.
Any vendors or independent contractors
who have access to protected health information of Residents at Nursing
Home.
All students or trainees.
Any Nursing Home corporate office
staff.
All the above listed persons,
entities, sites and locations follow the terms of this notice. In
addition, these persons, entities, sites and locations may share medical
information with each other for your treatment or Nursing Home
operations purposes and the purposes described in this notice. The
independent health care professionals, who provide care at Nursing Home
and have agreed to follow the terms of this notice, are not employees or
agents of Nursing Home and Nursing Home is not responsible for how they
fulfill their professional responsibilities.
THE MEDICAL INFORMATION TO WHICH NOTICE
APPLIES:
This notice applies to all of the
records of your care and billing for care that
are created at Nursing Home, whether made by Nursing Home personnel, your
independent personal doctor or other independent health care personnel,
who are responsible for their own actions. These records are the physical
property of and are owned by Nursing Home. Your personal doctor or other
independent health care personnel treating you may have different policies
regarding confidentiality and disclosure of your medical information that
is created in their office or locations other than Nursing Home.
WHAT THIS NOTICE DOES:
This notice will tell you about the ways
in which the people listed above may use and disclose medical information
about you at Nursing Home. We also describe your rights and certain
obligations we have regarding the use and disclosure of medical
information at Nursing Home.
We are required by law to:
make sure that medical information that
identifies you is kept private;
give you this notice of our legal duties
and privacy practices at Nursing Home with respect to medical information
about you; and
follow the terms of the notice that is
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 or 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
persons who are involved in taking care of you at Nursing Home, such as
independent doctors and other independent health care professionals who
are permitted to treat or care for Residents of Nursing Home, nurses,
nurses aides and other Nursing Home personnel or to students and faculty
who are participating in clinical teaching experiences at Nursing Home.
For example, a doctor treating you for a broken leg may need to know if
you have diabetes because diabetes may slow the healing process. In
addition, the doctor may need to tell the dietitian if you have diabetes
so that we can arrange for appropriate meals. Different departments of
the Nursing Home also may share medical information about you in order
to coordinate what you need, such as therapy, lab work and activities.
We also may need to disclose medical information about you to people
outside Nursing Home who may be involved in your medical care before,
during or after you leave Nursing Home, such as family members, or
others who provide services, such as hospitals, therapists, or medical
specialists, that are part of your care. We may provide, without your
consent, medical information about you in connection with any transfer
of you to obtain health care elsewhere. We will otherwise only disclose
medical information about you to people outside Nursing Home, who are
not currently involved in your care at Nursing Home, with your consent,
except for disclosures that are required or permitted by law.
For Payment.
We may need to use and disclose medical information about you so that
the treatment and services you receive at Nursing Home or as given by
other providers may be billed to and payment may be collected from you,
Medicare and Medicaid, an insurance company/health plan, or a third
party. For example, we may need to give Medicare or Medicaid information
about lab work or therapy you received at Nursing Home so Medicare or
Medicaid will pay us or reimburse you for the lab work or therapy. We
are permitted by law to disclose the amount of medical information
necessary for us to obtain payment for the care and services provided to
you. Our disclosure of medical information for the purpose of obtaining
payment for the care and services provided to you, may also include our
giving information to your family members who are involved in your care,
insureds on your policy or help pay for your care.
For Health Care Operations.
We may use and disclose medical information about you for Nursing Home
operations. These uses and disclosures are necessary to run the Nursing
Home and make sure that all of our Residents receive quality care. For
example, we may use medical information to review our treatment and
services and to evaluate the qualifications and performance of our staff
in caring for you. We may also combine medical information about many
Nursing Home Residents to decide what additional services the Nursing
Home should offer, what services are not needed, and whether
improvements can be made. We may also disclose information to nurses,
technicians and other Nursing Home personnel, independent doctors and
health care professionals who are involved in treatment of Residents at
Nursing Home or faculty and students who are having clinical education
experiences at Nursing Home for review and learning purposes. We will
only disclose, with your consent, medical information about you that
identifies you to people outside Nursing Home, who are not currently
involved in your care, except for disclosures that are required or
permitted by law.
Treatment Alternatives.
We may use and disclose medical information to tell you about or
recommend different ways to treat 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 will not share information about
you with people or organizations that are involved in general
fund-raising activities. We may share information
about you with people or organizations that are involved in fund-raising
activities by or for the benefit of Nursing Home.
We only would release contact information, such as your name and room
number. If you do not want the Nursing Home to contact you for
fundraising efforts, you must notify the Administrator in writing.
Nursing Home Roster or Directory.
Unless you tell us otherwise, we will include certain
limited information about you in the Nursing Home roster or directory
while you are a Resident at Nursing Home. This information may include
your name, room number and religious affiliation. This directory
information, except for your religious affiliation, may be released to
people who ask for you by name. Your religious affiliation may be given
to a member of the clergy, such as a priest or rabbi, even if they do
not ask for you by name. This is so your family, friends and clergy can
visit you in the Nursing Home and generally know how you are doing. If
you choose not to be listed in the directory, then we may
not be able to acknowledge that you are in the Nursing Home to your
family, friends, clergy or delivery people. If you do not want anyone to
know this information about you, if you want to limit the amount of
information that is disclosed, or if you want to limit who gets this
information, you must notify the Administrator in writing
or indicate your choice on the Nursing Home’s Resident Directory
Instructions Form.
Individuals Involved in Your Care.
Except as explained above concerning information furnished in connection
with the Nursing Home Roster or Directory, we may disclose medical
information about you to a friend or family member who is involved in
your medical care, unless you are able to and object. 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. You can object to these disclosures by
telling us that you do not wish any or all individuals involved in your
care to receive this information. If you cannot agree or object, we will
use our professional judgment to decide whether it is in your best
interest to disclose relevant information to someone who is involved in
your care or to an entity assisting in a disaster relief effort.
Research.
Under rare circumstances, we may use and disclose medical information
about you for research purposes. For example, a research project may
involve comparing the health and recovery of all Residents who received
one medication to those who received another for the same condition. All
research projects, however, will require your written consent if the
researchers will know who you are. Medical information about you that
has had identifying information removed may be used for research without
your consent.
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 and limited to the information needed.
SPECIAL SITUATIONS:
Organ and Tissue Donation.
If you are an organ or tissue donor, we are required by law to provide
medical information about you to the person or entity who receives the
organ or tissue donation.
Public Health Risks.
We may disclose without your consent medical information about you for
public health activities. These activities generally include the
following:
to prevent or control disease,
injury, or disability;
to report cancer, deaths or other
items required to be reported;
to report suspected abuse or neglect
as required by law;
to report reactions to medications
or problems with products;
to notify people of recalls of
products they may be using; and
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.
Surveys and Other Health Oversight
Activities. We may disclose without your
consent medical information to a health oversight agency when authorized
by law. These oversight activities include, for example, audits,
investigations, inspections, and licensure. These activities are
necessary for the government to monitor the health care system,
government programs, and compliance with applicable laws. The Department
of Health and Human Services has authority to inspect nursing homes and
to review any records of the current or former Residents of the nursing
home unless you object in writing to review of your records. The state
ombudsman can review your records with your consent or the consent of
your legal representative. Some professional licensing boards, such as
the board that governs licensing of physicians, have the right to review
your records when investigating a particular physician.
Lawsuits and Disputes.
If you are involved in a lawsuit or a dispute, we must disclose medical
information about you in response to a court or administrative order. We
also may disclose medical information about you in response to a
subpoena or other lawful process from someone involved in a dispute by
furnishing your medical records or information under seal to the court.
The copies of your medical record under seal may only be opened by the
judge, the parties to the case, or their attorneys unless a judge orders
otherwise.
Law Enforcement.
We may release without your consent medical information to a law
enforcement official:
In response to a court order,
grand jury demand, or search warrant;
To report a death or injury we
believe may be the result of criminal conduct; or
To report criminal conduct
committed at the Nursing Home.
Coroners, Medical Examiners, and
Funeral Directors. We may release without
your consent medical information to a coroner or medical examiner. This
may be necessary, for example, to identify a deceased person or
determine the cause of death. We may also release medical information
about the identity of Residents at Nursing Home to funeral directors as
necessary to carry out their duties.
Behavioral Health Care.
Regardless of the other parts of this Notice, any information relating
to alcohol and drug treatment or other behavioral health care treatment,
including psychotherapy notes, will not be disclosed outside the Nursing
Home except as authorized by you in writing, pursuant to a court order,
or as required by law. Psychotherapy notes about you will not be
disclosed to personnel working within the Nursing Home, other than to
the person who wrote the notes, except for training purposes or to
defend a legal action brought against the Nursing Home, unless you have
properly authorized such disclosure in writing.
YOUR RIGHTS REGARDING MEDICAL
INFORMATION ABOUT YOU.
You have the following rights regarding
medical information we maintain about you:
Right to Inspect and Copy.
If you are a current Resident, you or your representative have the right
to inspect your records within 24 hours of your request, excluding
weekends and holidays. If you are a current Resident, you or your legal
representative have a right to purchase copies of your records or any
portions of your records on two working days’ advance notice to the
Nursing Home. If you are no longer a current Resident at the time of
your request to inspect or copy your records, the Nursing Home has a
longer time within which to respond to your request up to 60 days from
the date of your request.
To inspect or receive a copy of your
records, you must submit your request in writing to the Medical Records
Secretary. If you request a copy of the information, we may charge a fee
not to exceed the community standard rate for the costs of copying,
mailing, or other supplies associated with your request and may collect
the fee before providing the copy to you. If you agree, we may provide
you with a summary of the information instead of providing you with
access to it, or with an explanation of the information instead of a
copy. Before providing you with such a summary or explanation, we first
will obtain your agreement to pay and will collect the fees, if any, for
preparing the summary or explanation.
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 or for
Nursing Home.
To request an amendment, your request
must be made in writing and submitted to the Medical Records Department.
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:
Was created by a provider other
than the Nursing Home, unless the provider who created the
information is no longer available to consider or make the
amendment;
Is not part of the medical
information kept by or for Nursing Home;
Is not part of the information
that you would be permitted to inspect and copy; or
Has been determined to be accurate
and complete.
Right to an Accounting of Disclosures.
You have the right to request a list of certain disclosures we have made
of medical information about you.
To request this list or accounting of
disclosures, you must submit your request in writing to Nursing Home’s
Privacy Officer. Your request must state a time period that may not be
longer than six years prior to the request and may not include dates
before April 14, 2003. Your request should indicate in what form you
want the list (for example, on paper, or electronically). The first list
you request within a 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. We may collect the
fee before providing the list to you.
Right to Request Restrictions.
Except where we are required to disclose the information by law, you
have the right to request a restriction or limitation on the medical
information we use or disclose about you. For example, you could ask
that we not use or disclose information about a treatment you had to a
family member or friend.
We are not required to agree to your
request to restrict use or disclosure of your information within Nursing
Home or among the health care professionals currently involved in your
care at Nursing Home except with regard to psychotherapy notes. If we do
agree, we will comply with your requested restriction unless the
information is needed to provide you emergency treatment. Except as
permitted or required by law, we will only disclose your confidential
medical information to persons outside Nursing Home who are not
currently involved in your care at Nursing Home, in accordance with your
written authorization.
To request restrictions, you must make
your request in writing to the Medical Records Department. In your
request, you must tell us (1) what information you want to limit; (2)
whether you want to limit our use, disclosure, or both; and (3) to whom
you want the limits to apply, for example, disclosures to your spouse.
Right to Request Alternative
Communications. You or your representative
have the right to request that we communicate with you about medical
matters in a certain way or at a certain location. For example, you can
ask that we only contact you by speaking with you in a certain location
or contacting your representative at work or at a certain mailing
address.
To request communications by certain
means, you must make your request in writing to the Medical Records
Department and specify how or where you wish to be contacted. We will
not ask you the reason for your request. We will accommodate all
reasonable requests.
Right to a Paper Copy of This Notice.
You have the right to a paper copy of this notice or any revised notice.
You may ask us to give you a copy of this notice at any time. Even if
you have agreed to receive this notice electronically, you are still
entitled to a paper copy of this notice.
You may obtain a copy of this notice
at our website, www.winslowmemorial.com.
To obtain a paper copy of this notice,
contact the Administration Office at (252) 338-3975.
OTHER USES OF MEDICAL INFORMATION.
Other uses and disclosures of medical
information not covered by this notice will be made only with your written
permission or as required by law. 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 purposes that you had
authorized in writing. You understand that we
are unable to take back any disclosures we have already made with your
permission, and that we are required to retain our records of the care
that we provided to you.
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 Nursing Home. The notice will remain in effect for each
subsequent visit unless changed. If the notice changes, a copy will be
made available to you upon request.
COMPLAINTS.
If you believe your privacy rights have
been violated, you may file a complaint with Nursing Home or with the
Secretary of the United States Department of Health and Human Services. To
file a complaint with Nursing Home, contact the Privacy Officer, at (252)
338-3975. All complaints must be submitted in writing.
You will not be penalized for filing a
complaint.
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