Notice of Privacy Practices

HIPAA Notice of Privacy Practices

 

Effective Date: September 20, 2013

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.

OUR OBLIGATIONS:

Sunflower Home Health is required by law to:

  • Maintain the privacy of protected health information;
  • Provide you this notice of our legal duties and privacy practices regarding your protected health information; and
  • Follow the terms of our Notice of Privacy Practices (the “Notice”) that is currently in effect.

HOW SUNFLOWER HOME HEALTH MAY USE AND DISCLOSE HEALTH INFORMATION:

The following describes the ways we may use and disclose restricted health information that identifies you (“Health Information”).  Except for the purposes described below, we will use and disclose Health Information only with your written permission.  You may revoke such permission at any time by writing to our Privacy Officer.

For Treatment.  We may use and disclose Health Information for your treatment to provide you with treatment-related health care services.  For example, we may use and disclose Health Information to people outside our agency, who are involved in your medical care and need the information to make informed decisions concerning your treatment.  We may also contact you to remind you of medical appointments or discuss treatment alternatives that may be of interest to you.

For Payment.  We may use and disclose Health Information so that we or others may bill and receive payment from you, an insurance company, or a third party for the treatment and services you received.

For Health Care Operations.  We may use and disclose Health Information for health care operations purposes.  These uses and disclosures are necessary to make sure that you receive quality care and to operate and manage our office. We also may share Health Information with other entities that have a relationship with you (for example, your health plan) for their health care operation activities.

SPECIAL SITUATIONS: 

Research.  Under certain circumstances, we may use and disclose Health Information for research.  For example, a research project may involve comparing the health of patients who received one treatment to those who received another treatment, for the same condition.  Before we use or disclose Health Information for research, the project will go through a special approval process.

As Required by Law.  We will disclose Health Information when required to do so by international, federal, state or local law.

To Avert a Serious Threat to Your Health or Safety.  We may use and disclose Health Information when necessary to prevent a serious threat to your health and, such as instances of child and/or elderly abuse and neglect.

Business Associates.  We may disclose Health Information to our business associates that perform functions on our behalf or provide us with services if the information is necessary for such functions or services.  For example, we may use another company to perform billing services on our behalf.

Organ and Tissue Donation.  If you are an organ donor, we may use or release Health Information to organizations that handle organ procurement or other entities engaged in procurement, banking, or transportation of organs, eyes, or tissues to facilitate organ, eye, or tissue donation and transplantation.

Military and Veterans.  If you are a member of the armed forces, we may release Health Information as required by military command authorities or for national security reasons.

Workers’ Compensation.  We may release Health Information for workers’ compensation or similar programs.  These programs provide benefits for work-related injuries or illness.

Public Health Risks.  We may disclose Health Information for public health activities.  These activities generally include disclosures to prevent or control disease, injury, or disability; report births and deaths; report child abuse or neglect; report reactions to medications or problems with products; notify people of recalls of products they may be using; a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and the appropriate government authority if we believe a patient has been the 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 Health Information to a health oversight agency for activities 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 civil rights laws.

Data Breach Notification Purposes.  We may use or disclose your Health Information to provide legally required notices of unauthorized access to or disclosure of your health information.

Lawsuits and Disputes.  If you are involved in a lawsuit or a dispute, we may disclose Health Information in response to a court or administrative order, subpoena, discovery request, or other information required by law

National Security, Protective Services, Intelligence Activities, Government agencies and law enforcement  We may release Health Information in response to information required and/or requested by law or to conduct special investigations.

Coroners, Medical Examiners and Funeral Directors.  We may release Health 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 also may release Health Information to funeral directors as necessary for their duties.

Disaster Relief.  We may disclose your Health Information to disaster relief organizations that seek your Health Information to coordinate your care, or notify family and friends of your location or condition in a disaster.  We will provide you with an opportunity to agree or object to such a disclosure whenever we practically can do so.

Inmates or Individuals in Custody.  If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release Health Information to the correctional institution or law enforcement official.

U.S. Food and Drug Administration. We may use and release your Health Information to a person or company required by the food and Drug Administration as required.

Genetic Information.  We may not use or disclose any genetic information about you for underwriting purposes

De-identified Health Information.  We may use and release your Health Information to a person or company required by the Food and Drug Administration to track adverse events and as otherwise required.

 

 

USES AND DISCLOSURES THAT REQUIRE US TO GIVE YOU AN OPPORTUNITY TO OBJECT AND OPT

Individuals Involved in Your Care or Payment for Your Care. Unless you object, we may disclose to a member of your family, a relative, a close friend, or any other person you identify, your Health Information 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 in your best interest based on our professional judgment.

Fundraising.  You have the opportunity to opt out of any fundraising materials.  Your treatment does not depend on whether or not you decide to opt out of fundraising material.

Marketing. You have the opportunity to opt out of any marketing activities.  Your treatment does not depend on whether or not you decide to opt out of these activities.

YOUR WRITTEN AUTHORIZATION IS REQUIRED FOR OTHER USES AND DISCLOSURES

The following uses and disclosures of your Health Information will be made only with your written authorization:

1.  Uses and disclosures of Health Information for marketing purposes;

2.  Disclosures that constitute a sale of your Health Information; and

3.  Uses and disclosures of psychotherapy notes.

Other uses and disclosures of Health Information not covered by this Notice or the laws that apply to us will be made only with your written authorization.  If you do give us an authorization, you may revoke it at any time by submitting a written revocation to our Privacy Officer and we will no longer disclose Health Information under the authorization.  But disclosure that we made in reliance on your authorization before you revoked it will not be affected by the revocation.

YOUR RIGHTS:

You have the following rights regarding Health Information we have about you.  Please send all written requests to, as described below, to:

HIPAA Privacy
1880Lakeland Drive
Suite E
Jackson, MS  39216
or call
1.844.593.0080

Right to Inspect and Copy.  With only a few exceptions, you have a right to inspect and copy Health Information that may be used to make decisions about your care or payment for your care.  This includes medical and billing records, other than psychotherapy notes.  To inspect and copy this Health Information, you must make your request to our HIPAA Privacy officer in writing. We have up to 30 days to make your Health Information available to you and we may charge you a reasonable fee for the costs of copying, mailing or other supplies associated with your request.  We may not charge you a fee if you need the information for a claim for benefits under the Social Security Act or any other state of federal needs-based benefit program.  We may deny your request in certain limited circumstances.  If we do deny your request, you have the right to have the denial reviewed by a licensed healthcare professional who was not directly involved in the denial of your request, and we will comply with the outcome of the review.

Right to an Electronic Copy of Electronic Medical Records. If your Health Information is maintained in an electronic format (known as an electronic medical record or an electronic health record), you have the right to request that an electronic copy of your record be given to you or transmitted to another individual or entity.  We will make every effort to provide access to your Health Information in the form or format you request, if it is readily producible in such form or format.  If the Health Information is not readily producible in the form or format you request your record will be provided in either our standard electronic format or if you do not want this form or format, a readable hard copy form.  We may charge you a reasonable, cost-based fee for the labor associated with transmitting the electronic medical record.

Right to Be Notified in the event of a Breach.  You have the right to be notified if your Health Information has been “breached,” which means that your Health Information has been used or disclosed in a way that is inconsistent with law and results in it being compromised.

Right to Amend.  If you feel that Health Information we have 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 our office.  To request an amendment, you must make your request, in writing, to our Privacy officer.

Right to an Accounting of Disclosures.  You have the right to request a list of certain disclosures we made of Health Information for purposes other than treatment, payment and health care operations or for which you provided written authorization.  To request an accounting of disclosures, you must make your request, in writing, to our Privacy officer.

 

Right to Request Restrictions.  You have the right to request a restriction or limitation on the Health Information we use or disclose for treatment, payment, or health care operations.  You also have the right to request a limit on the health information we disclose to someone involved in your care or the payment for your care, like a family member or friend.  For example, you could ask that we not share information about a particular diagnosis or treatment with your spouse.  To request a restriction, you must make your request, in writing, to our Privacy officer.

We are not required to agree to your request unless you are asking us to restrict the use and disclosure of your protected Health Information to a health plan for payment or health care operation purposes and such information you wish to restrict pertains solely to a health care item or service for which you have paid us “out-of-pocket” in full. If we agree, we will comply with your request unless the information is needed to provide you with emergency treatment.  You may not limit uses and releases that we are legally required or permitted to make.

Out-of-Pocket-Payments.  If you paid out-of-pocket (or in other words, you have requested that we not bill your health plan) in full for a specific item or service, you have the right to ask that your Health Information with respect to that item or service not be disclosed to a health plan for purposes of payment or health care operations, and we will honor that request.

Right to Request Confidential Communications.  You 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 mail or at work.  To request confidential communications, you must make your request, in writing, to our Privacy officer.  Your request must specify how or where you wish to be contacted.  We will accommodate reasonable requests.

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 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 web site, www.sunflowerhomehealth.com.  To obtain a paper copy of this notice, please request from staff or call your local Sunflower Home Health service provider.  We will post a copy of our current notice at our office, on our web site, hand deliver this notice to you or at any time upon request.

CHANGES TO THIS NOTICE:

We reserve the right to change this notice and make the new notice apply to Health Information we already have as well as any information we receive in the future.

COMPLAINTS:

If you believe your privacy rights have been violated, you may file a complaint with our office or with the Secretary of the Department of Health and Human Services.  To file a complaint with our office, contact:

HIPAA Privacy
1880Lakeland Drive
Suite E
Jackson, MS  39216
or call
1.844.593.0080

 You will not be penalized for filing a complaint.

For more information on HIPAA privacy requirements, HIPAA electronic transactions and code sets regulations and the proposed HIPAA security rules, please visit ACOG’s web site, www.acog.org, or call (202) 863-2584.

This Notice was published as of July 22, 2013.  It supersedes all previous Notices of privacy Practices for Sunflower Home Health.

 

 

If you have any questions about this notice, please contact

 

HIPAA Privacy
1880Lakeland Drive
Suite E
Jackson, MS  39216

Or call

844.593.0080

 

You will be asked to sign a form that documents you have received this Notice of Privacy Practices.  This is acknowledgment only.

 

In some instances, Mississippi law is more limited than federal law.

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