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.
USE AND DISCLOSURE OF HEALTH INFORMATION
Hospice Advantage may use your health information, information that
constitutes protected health information as defined in the Privacy Rule
of the Administrative Simplification provisions of the Health Insurance
Portability and Accountability Act of 1996, for purposes of providing
you treatment, obtaining payment for your care and conducting health
care operations. Hospice Advantage has established policies to guard
against unnecessary disclosure of your health information.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES
FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED:
To Provide Treatment. Hospice Advantage may use your health information
to coordinate care within Hospice Advantage and with others involved
in your care, such as your attending physician, members of Hospice Advantage
interdisciplinary team and other health care professionals who have
agreed to assist Hospice Advantage in coordinating care. For example,
physicians involved in your care will need information about your symptoms
in order to prescribe appropriate medications. Hospice Advantage also
may disclose your health care information to individuals outside of
Hospice Advantage involved in your care including family members, clergy
who you have designated, pharmacists, suppliers of medical equipment
or other health care professionals.
To Obtain Payment. Hospice Advantage may include your health information
in invoices to collect payment from third parties for the care you receive
from Hospice Advantage. For example, Hospice Advantage may be required
by your health insurer to provide information regarding your health
care status so that the insurer will reimburse you or Hospice Advantage.
Hospice Advantage also may need to obtain prior approval from your insurer
and may need to explain to the insurer your need for hospice care and
the services that will be provided to you.
To Conduct Health Care Operations. Hospice Advantage may use and disclose
health information for its own operations in order to facilitate the
function of Hospice Advantage and as necessary to provide quality care
to all of Hospice Advantage’s patients. Health care operations
includes such activities as:
Quality assessment and improvement activities.
Activities designed to improve health or reduce health care costs.
Protocol development, case management and care coordination.
Contacting health care providers and patients with information about
treatment alternatives and other related functions that do not include
treatment.
Professional review and performance evaluation.
Training programs including those in which students, trainees or practitioners
in health care learn under supervision. - Training of non-health care
professionals.
Accreditation, certification, licensing or credentialing activities.
Review and auditing, including compliance reviews, medical reviews,
legal services and compliance programs.
Business planning and development including cost management and planning
related analyses and formulary development.
Business management and general administrative activities of Hospice
Advantage.
For example Hospice Advantage may use your health information to evaluate
its staff performance, combine your health information with other Hospice
patients in evaluating how to more effectively serve all Hospice patients,
disclose your health information to Hospice Advantage staff and contracted
personnel for training purposes, use your health information to contact
you as a reminder regarding a visit to you, or contact you as part of
Bereavement services and/or community information mailings (unless you
tell us you do not want to be contacted).
Hospice Advantage may disclose certain information about you including
your name, your general health status, your religious affiliation and
where you are in Hospice Advantage’s facility in a Hospice directory
while you are in Hospice Advantage inpatient facility. Hospice Advantage
may disclose this information to people who ask for you by name. Please
inform us if you do not want your information to be included in the
directory.
For Appointment Reminders. Hospice Advantage may use and disclose your
health information to contact you as a reminder that you have an appointment
for a home visit.
For Treatment Alternatives. Hospice Advantage may use and disclose your
health information to tell you about or recommend possible treatment
options or alternatives that may be of interest to you.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES
FOR WHICH YOUR HEALTH INFORMATION MAY ALSO BE USED AND DISCLOSED.
When Legally Required. Hospice Advantage will disclose your health information
when it is required to do so by any Federal, State or local law.
When There Are Risks to Public Health. Hospice Advantage may disclose
your health information for public activities and purposes in order
to:
Prevent or control disease, injury or disability, report disease, injury,
vital events such as birth or death and the conduct of public health
surveillance, investigations and interventions.
Report adverse events, product defects, to track products or enable
product recalls, repairs and replacements and to conduct post-marketing
surveillance and compliance with requirements of the Food and Drug Administration.
Notify a person who has been exposed to a communicable disease or who
may be at risk of contracting or spreading a disease.
Notify an employer about an individual who is a member of the workforce
as legally required.
To Report Abuse, Neglect Or Domestic Violence. Hospice Advantage is
allowed to notify government authorities if Hospice Advantage believes
a patient is the victim of abuse, neglect or domestic violence. Hospice
Advantage will make this disclosure only when specifically required
or authorized by law or when the patient agrees to the disclosure.
To Conduct Health Oversight Activities. Hospice Advantage may disclose
your health information to a health oversight hospice for activities
including audits, civil administrative or criminal investigations, inspections,
licensure or disciplinary action. Hospice Advantage, however, may not
disclose your health information 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.
In Connection With Judicial And Administrative Proceedings. Hospice
Advantage may disclose your 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 or
in response to a subpoena, discovery request or other lawful process,
but only when Hospice Advantage makes reasonable efforts to either notify
you about the request or to obtain an order protecting your health information.
For Law Enforcement Purposes. As permitted or required by State law,
Hospice Advantage may disclose your health information to a law enforcement
official for certain law enforcement purposes as follows:
As required by law for reporting of certain types of wounds or other
physical injuries pursuant to the court order, warrant, subpoena or
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 Hospice Advantage has a suspicion that
your death was the result of criminal conduct including criminal conduct
at Hospice Advantage.
In an emergency in order to report a crime.
To Coroners And Medical Examiners. Hospice Advantage may disclose your
health information to coroners and medical examiners for purposes of
determining your cause of death or for other duties, as authorized by
law. To
Funeral Directors. Hospice Advantage may disclose your health information
to funeral directors consistent with applicable law and if necessary,
to carry out their duties with respect to your funeral arrangements.
If necessary to carry out their duties, Hospice Advantage may disclose
your health information prior to and in reasonable anticipation of your
death.
For Organ, Eye Or Tissue Donation. Hospice Advantage may use or disclose
your health information to organ procurement organizations or other
entities engaged in the procurement, banking or transplantation of organs,
eyes or tissue for the purpose of facilitating the donation and transplantation.
For Research Purposes. Hospice Advantage may, under very select circumstances,
use your health information for research. Before Hospice Advantage discloses
any of your health information for such research purposes, the project
will be subject to an extensive approval process.
In the Event of A Serious Threat To Health Or Safety. Hospice Advantage
may, consistent with applicable law and ethical standards of conduct,
disclose your health information if Hospice Advantage, in good faith,
believes that such 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.
For Specified Government Functions. In certain circumstances, the Federal
regulations authorize Hospice Advantage to use or disclose your health
information to facilitate specified government functions relating to
military and veterans, national security and intelligence activities,
protective services for the President and others, medical suitability
determinations and inmates and law enforcement custody.
For Worker's Compensation.Hospice Advantage may release your health
information for worker's compensation or similar programs.
AUTHORIZATION TO USE OR DISCLOSE HEALTH INFORMATION
Other than is stated above, Hospice Advantage will not disclose your
health information other than with your written authorization. If you
or your representative authorizes Hospice Advantage to use or disclose
your health information, you may revoke that authorization in writing
at any time.
YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION
You have the following rights regarding your health information that
Hospice Advantage maintains:
Right to request restrictions . You may request restrictions on certain
uses and disclosures of your health information. You have the right
to request a limit on Hospice Advantage’s disclosure of your health
information to someone who is involved in your care or the payment of
your care. However, Hospice Advantage is not required to agree to your
request. If you wish to make a request for restrictions, it must be
made in writing to the Director of Quality Assurance at Hospice Advantage,
Right to receive confidential communications . You have the right to
request that Hospice Advantage communicate with you in a certain way.
For example, you may ask that Hospice Advantage only conduct communications
pertaining to your health information with you privately with no other
family members present. If you wish to receive confidential communications,
please contact the Director of Quality Assurance at 1-888-822-5515.
Hospice Advantage will not request that you provide any reasons for
your request and will attempt to honor your reasonable requests for
confidential communications.
Right to inspect and copy your health information. You have the right
to inspect and copy your health information, including billing records.
A request to inspect and copy records containing your health information
must be made in writing on the Hospice Advantage Request for Access
Protected Health Information form. In order to obtain this form contact
the Director of Quality Assurance at 1-888-822-5515. If you request
a copy of your health information, Hospice Advantage may charge a reasonable
fee for copying and assembling costs associated with your request. Hospice
Advantage may not deny the patient access to health information due
to the inability to pay the requested fees.
Right of Access to Health Information: Exceptions and Grounds for Denial.
EXCEPTIONS -information to which individuals do not have access.
Psychotherapy Notes.
Health information compiled for civil, criminal and/or administrative
actions and proceedings.
Health information subject to or exempted from the CLIA Amendments of
1998.
GROUNDS FOR DENIAL-with no right to appeal the denial decision.
If the request is for any of the exceptions listed above.
Inmates in correctional facilities may be denied a copy of their health
information under certain situations related to security and safety.
Health information related to treatment of research participants if
the research is still in progress.
Information that is subject to the Privacy Act of 1974. q If the health
information was obtained from someone other than a health care provider
and a promise of confidentiality was made.
GROUNDS FOR DENIAL-with the right to appeal the denial decision.
If a licensed health care provider determines that the access requested
is reasonably likely to endanger the life or physical safety of the
individual requesting it or another person (this does not include the
potential for access causing emotional or psychological harm).
If the information requested also refers to another person and, in the
opinion of a licensed health professional, access would likely cause
harm to that other person.
If the access is requested by a personal representative of the individual
and there is reasonable belief that it is not in the best interest of
the individual to treat the requestor as a personal representative.
Right to amend health care information. You or your representative,
have the right to request that Hospice Advantage amend your records,
if you believe that your health information is incorrect or incomplete.
That request may be made as long as the information is maintained by
Hospice Advantage. A request for an amendment of records must be made
in writing to the Director of Quality Assurance at Hospice Advantage,
401 Center Ave. Bay City, MI 48708. Hospice Advantage may deny the request
if it is not in writing or does not include a reason for the amendment.
The request also may be denied if your health information records were
not created by Hospice Advantage, if the records you are requesting
are not part of Hospice Advantage’s records, if the health information
you wish to amend is not part of the health information you or your
representative are permitted to inspect and copy, or if, in the opinion
of Hospice Advantage, the records containing your health information
are accurate and complete.
Right to an accounting. You or your representative have the right to
request an accounting of disclosures of your health information made
by Hospice Advantage for certain reasons, including reasons related
to public purposes authorized by law and certain research. The request
for an accounting must be made in writing to the Director of Quality
Assurance at Hospice Advantage, 401 Center Ave. Bay City, MI 48708.
The request should specify the time period for the accounting starting
on or after April 14, 2003. Accounting requests may not be made for
periods of time in excess of six (6) years. Hospice Advantage would
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.
Right to a paper copy of this notice. You or your representative, have
a right to a separate paper copy of this Notice at any time even if
you or your representative have received this Notice previously. To
obtain a separate paper copy, please contact the Director of Quality
Assurance at 1-888-822-5515 or the current version of Hospice Advantage’s
Notice of Privacy Practices is at its website, www.hospiceadvantage.net
DUTIES OF THE HOSPICE
Hospice Advantage is required by law to maintain the privacy of your
health information and to provide to you and your representative this
Notice of its duties and privacy practices. Hospice Advantage is required
to abide by the terms of this Notice as may be amended from time to
time. Hospice Advantage reserves the right to change the terms of its
Notice and to make the new Notice provisions effective for all health
information that it maintains. If Hospice Advantage changes its Notice,
Hospice Advantage will provide a copy of the revised Notice to you or
your appointed representative. You or your personal representative,
have the right to express complaints to Hospice Advantage and to the
Secretary of DHHS if you or your representative believe that your privacy
rights have been violated. Any complaints to Hospice Advantage should
be made in writing to the Director of Quality Assurance at Hospice Advantage,
401 Center Ave. Bay City, MI 48708. Hospice Advantage encourages 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.
CONTACT PERSON Hospice Advantage has designated the Director of Quality
Assurance as its contact person for all issues regarding patient privacy
and your rights under the Federal privacy standards. You may contact
this person at Hospice Advantage, 401 Center Ave. PO box 190, Bay City,
MI 48707-0190. For over nighting use area code 48708.
EFFECTIVE DATE This Notice is effective April 14, 2003.
IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT the
Director of Quality Assurance at Hospice Advantage, 1-888-822-5515,
401 Center Ave. Bay City, Mi 48708. You may also call locally to our
Bay City office at 989-893-0500 or Fax Us at 989-893-0200.
If you wish to contact Hospice Advantages Sheboygan office you may reach
a representative at 3325 Behrens Parkway Sheboygan, Wisconsin 53081.
You may reach our Sheboygan offices at 1-866-720-5903 or call us locally
at 920-452-1851 or fax us at 920-452-1854.