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EVANGELICAL AMBULATORY SURGICAL CENTER
PRIVACY NOTICE
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.
This Privacy Notice is being provided to
you as a requirement of a federal law, the Health Insurance Portability
and Accountability
Act (HIPAA). This Privacy Notice describes how we may use and disclose
your protected health information to carry out treatment, payment
or health care operations and for other purposes that are permitted
or required by law. It also describes your rights to access and
control your protected health information in some cases. Your "protected
health information" means any written and oral health information
about you, including demographic data that can be used to identify
you. This is health information that is created or received by
your health care provider, and that relates to your past, present
or future physical or mental health or condition.
I. Uses and Disclosures of Protected Health Information
EASC may use your protected health information for purposes of
providing treatment, obtaining payment for treatment, and conducting
health care operations. Your protected health information may be
used or disclosed only for these purposes unless EASC has obtained
your authorization or the use or disclosure is otherwise permitted
by the HIPAA privacy regulations or state law. Disclosures of your
protected health information for the purposes described in this
Privacy Notice may be made in writing, orally, or by facsimile.
A. Treatment. We will use and disclose your protected health information
to provide, coordinate, or manage your health care and any related
services. This includes the coordination or management of your
health care with a third party for treatment purposes. For example,
we may disclose your protected health information to a pharmacy
to fill a prescription or to a laboratory to order a blood test.
We may also disclose protected health information to physicians
who may be treating you or consulting with the facility with respect
to your care. In some cases, we may also disclose your protected
health information to an outside treatment provider for purposes
of the treatment activities of the other provider.
B. Payment. Your protected health information
will be used, as needed, to obtain payment for the services that
we provide. This
may include certain communications to your health insurance company
to get approval for the procedure that we have scheduled. For example,
we may need to disclose information to your health insurance company
to get prior approval for the surgery. We may also disclose protected
health information to your health insurance company to determine
whether you are eligible for benefits or whether a particular service
is covered under your health plan. In order to get payment for
the services we provide to you, we may also need to disclose your
protected health information to your health insurance company to
demonstrate the medical necessity of the services or, as required
by your insurance company, for utilization review. We may also
disclose patient information to another provider involved in your
care for the other provider’s payment activities. This may
include disclosure of demographic information to anesthesia care
providers for payment of their services.
C. Operations. We may use or disclose your protected health information,
as necessary, for our own health care operations to facilitate
the function of EASC and to provide quality care to all patients.
Health care operations include such activities as: quality assessment
and improvement activities, employee review activities, training
programs including those in which students, trainees, or practitioners
in health care learn under supervision, accreditation, certification,
licensing or credentialing activities, review and auditing, including
compliance reviews, medical reviews, legal services and maintaining
compliance programs, and business management and general administrative
activities.
In certain situations, we may also disclose patient information
to another provider or health plan for their health care operations.
D. Other Uses and Disclosures. As part of treatment, payment and
health care operations, we may also use or disclose your protected
health information for the following purposes: to remind you of
your surgery date, to inform you of potential treatment alternatives
or options, or to inform you of health-related benefits or services
that may be of interest to you.
II. Uses and Disclosures Beyond Treatment, Payment, and Health
Care Operations Permitted Without Authorization or Opportunity
to Object
Federal privacy rules allow us to use or disclose your protected
health information without your permission or authorization for
a number of reasons including the following:
A. When Legally Required. We will disclose your protected health
information when we are required to do so by any federal, state
or local law.
B. When There Are Risks to Public Health. We may disclose your
protected health information for the following public activities
and purposes:
· To prevent, control, or report disease, injury or disability as
permitted by law.
· To report vital events, such as death, as permitted or required
by law.
· To conduct public health surveillance, investigations and interventions
as permitted or required by law.
· To collect or report adverse events and product defects, track
FDA regulated products, enable product recalls, repairs or replacements
to the FDA and to conduct post marketing surveillance.
· To notify a person who has been exposed to a communicable disease
or who may be at risk of contracting or spreading a disease as
authorized by law.
· To report to an employer information about an individual who is
a member of the workforce as legally permitted or required.
C. To Report Suspected Abuse, Neglect
Or Domestic Violence. We
may notify government authorities if we believe that a patient
is the victim of abuse, neglect or domestic violence. We will make
this disclosure only when specifically required or authorized by
law or when the patient agrees to the disclosure.
D. To Conduct Health Oversight Activities. We may disclose your
protected health information to a health oversight agency for activities
including audits; civil, administrative, or criminal investigations,
proceedings, or actions; inspections; licensure or disciplinary
actions; or other activities necessary for appropriate oversight
as authorized by law. We will not disclose your health information
under this authority if you are the subject of an investigation
and your health information is not directly related to your receipt
of health care or public benefits.
E. In Connection With Judicial And Administrative
Proceedings. We may disclose your protected health information in the course
of any judicial or administrative proceeding in response to an
order of a court or administrative tribunal as expressly authorized
by such order. In certain circumstances, we may disclose your protected
health information in response to a subpoena to the extent authorized
by state law if we receive satisfactory assurances that you have
been notified of the request or that an effort was made to secure
a protective order.
F. For Law Enforcement Purposes. We may disclose your protected
health information to a law enforcement official for law enforcement
purposes as follows:
· As required by law for reporting of certain types of wounds or
other physical injuries.
· Pursuant to court order, court-ordered warrant, subpoena, summons
or similar process.
· For the purpose of identifying or locating a suspect, fugitive,
material witness or missing person.
· Under certain limited circumstances, when you are the victim of
a crime.
· To a law enforcement official if the facility has a suspicion that
your health condition was the result of criminal conduct.
· In an emergency to report a crime.
G. To Coroners, Funeral Directors, and
for Organ Donation. We
may disclose protected health information to a coroner or medical
examiner for identification purposes, to determine cause of death
or for the coroner or medical examiner to perform other duties
authorized by law. We may also disclose protected health information
to a funeral director, as authorized by law, in order to permit
the funeral director to carry out their duties. Protected health
information may be used and disclosed for cadaveric organ, eye
or tissue donation purposes.
H. In the Event of a Serious Threat to
Health or Safety. We may,
consistent with applicable law and ethical standards of conduct,
use or disclose your protected health information if we believe,
in good faith, that such use or disclosure is necessary to prevent
or lessen a serious and imminent threat to your health or safety
or to the health and safety of the public.
I. For Specified Government Functions. In certain circumstances,
federal regulations authorize the facility to use or disclose your
protected health information to facilitate specified government
functions relating to military and veterans activities, national
security and intelligence activities, protective services for the
President and others, medical suitability determinations, correctional
institutions, and law enforcement custodial situations.
J. For Worker's Compensation. The facility may release your health
information to comply with worker's compensation laws or similar
programs.
III. Uses and Disclosures Permitted without Authorization but
with Opportunity to Object
We may disclose your protected health information
to your family member or a close personal friend if it is directly
relevant to
the person’s involvement in your surgery or payment related
to your surgery. We can also disclose your information in connection
with trying to locate or notify family members or others involved
in your care concerning your location, condition or death.
You may object to these disclosures. If
you do not object to these disclosures or we can infer from the
circumstances that you do
not object or we determine, in the exercise of our professional
judgment, that it is in your best interests for us to make disclosure
of information that is directly relevant to the person’s
involvement with your care, we may disclose your protected health
information as described.
IV. Uses and Disclosures which you Authorize
Other than as stated above, we will not disclose your health information
other than with your written authorization. You may revoke your
authorization in writing at any time except to the extent that
we have taken action in reliance upon the authorization.
V. Your Rights
You have the following rights regarding your health information:
A. The right to inspect and copy your
protected health information. You may inspect and obtain a copy of your
protected health information
that is contained in a designated record set for as long as we
maintain the protected health information. A “designated
record set” contains medical and billing records and any
other records that your surgeon and the facility uses 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 for use in, a civil, criminal, or administrative
action or proceeding; and protected health information that is
subject to a law that prohibits access to protected health information.
Depending on the circumstances, you may have the right to have
a decision to deny access reviewed.
We may deny your request to inspect or copy
your protected health information if, in our professional judgment,
we determine that
the access requested is likely to endanger your life or safety
or that of another person, or that it is likely to cause substantial
harm to another person referenced within the information. You
have the right to request a review of this decision.
To inspect and copy your medical information,
you must submit a written request to the Privacy Officer whose
contact information
is listed on the last page of this Privacy Notice. If you request
a copy of your information, we may charge you a fee for the
costs of copying, mailing or other costs incurred by us in complying
with your request.
Please contact our Privacy Officer if you have questions about
access to your medical record. B. The right to request a restriction
on uses and disclosures of your protected health information. You may ask
us not to use or
disclose certain parts of your protected health information for
the purposes of treatment, payment or health care operations. You
may also request that we not disclose your health information to
family members or friends who may be involved in your care or for
notification purposes as described in this Privacy Notice. Your
request must state the specific restriction requested and to whom
you want the restriction to apply.
The facility is not required to agree to a restriction that you
may request. We will notify you if we deny your request to a restriction.
If the facility does agree to the requested restriction, we may
not use or disclose your protected health information in violation
of that restriction unless it is needed to provide emergency treatment.
Under certain circumstances, we may terminate our agreement to
a restriction. You may request a restriction by contacting the
Privacy Officer.
C. The right to request to receive confidential
communications from us by alternative means or at an alternative
location. You
have the right to request that we communicate with you in certain
ways. We will accommodate reasonable requests. We may condition
this accommodation by asking you for information as to how payment
will be handled or specification of an alternative address or other
method of contact. We will not require you to provide an explanation
for your request. Requests must be made in writing to our Privacy
Officer.
D. The right to request amendments to
your protected health information. You may request an amendment of protected health
information
about
you in a designated record set for as long as we maintain this
information. In certain cases, we may deny your request for 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. Requests for amendment must be in writing and
must be directed to our Privacy Officer. In this written request,
you must also provide a reason to support the requested amendments.
E.
The right to receive an accounting. You have the right to request
an accounting of certain disclosures of your protected health information
made by the facility. This right applies to disclosures for purposes
other than treatment, payment or health care operations as described
in this Privacy Notice. We are also not required to account for
disclosures that you requested, disclosures that you agreed to
by signing an authorization form, disclosures for a facility directory,
to friends or family members involved in your care, or certain
other disclosures we are permitted to make without your authorization.
The request for an accounting must be made in writing to our Privacy
Officer. The request should specify the time period sought for
the accounting. We are not required to provide an accounting for
disclosures that take place prior to April 14, 2003. Accounting
requests may not be made for periods of time in excess of six years.
We will provide the first accounting you request during any 12-month
period without charge. Subsequent accounting requests may be subject
to a reasonable cost-based fee.
F. The right to obtain a paper copy
of this notice. Upon request, we will provide a separate paper
copy of this notice even if you
have already received a copy of the notice or have agreed to accept
this notice electronically.
VI. Our Duties
The facility is required by law
to maintain the privacy of your health information and to provide
you with this Privacy Notice
of our duties and privacy practices. We are required to abide by
terms of this Notice as may be amended from time to time. We reserve
the right to change the terms of this Notice and to make the new
Notice provisions effective for all future protected health information
that we maintain.
VII. Complaints
You have the right to express complaints to the facility and to
the Secretary of Health and Human Services if you believe that
your privacy rights have been violated. You may complain to the
facility by contacting the facility’s Privacy Officer verbally
or in writing, using the contact information below. We encourage
you to express any concerns you may have regarding the privacy
of your information. You will not be retaliated against in any
way for filing a complaint.
VIII. Contact Person
The facility’s contact person for
all issues regarding patient privacy and your rights under the
federal privacy standards is
the Privacy Officer. Information regarding matters covered by this
Notice can be requested by contacting the Privacy Officer. If you
feel that your privacy rights have been violated by this facility
you may submit a complaint to our Privacy Officer by sending it
to:
Evangelical Ambulatory Surgical Center
210 JPM Road
Lewisburg, PA 17837
ATTN: Privacy Officer
The Privacy Officer can be contacted by telephone at 570-524-6700.
IX. Effective Date
This Notice is effective April 14, 2003.
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