HIPAA NOTICE OF PRIVACY PRACTICES
Effective Date: April 14, 2003 Revised 11/30/2009, Revised 6/24/2013
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED BY CENTRAL VALLEY MEDICAL CENTER AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
* For the purpose of this disclosure, when Central Valley Medical Center is mentioned, it is referring to the Hospital, Nephi Medical Clinic, Fountain Green Medical Clinic, Physical Therapy & Sports Medicine, Central Valley Home Health, Central Valley Hospital, Central Valley Home Medical Equipment and Supply, Central Valley Community Pharmacy and Central Utah Radiology, PC..
**PLEASE REVIEW THIS NOTICE CAREFULLY**
If you have any questions about this notice, please contact:
Brian Allsop, Compliance/Privacy Officer (435) 623-3105.
WHO WILL FOLLOW THIS NOTICE.
Central Valley Medical Center and the units it operates, its employees, medical staff and affiliates, including:
Any health care professional authorized to enter information into your Central Valley Medical Center chart.
All departments and units of Central Valley Medical Center.
Any member of a volunteer group we allow to help you while you are in a facility operated by Central Valley Medical Center.
All employees, staff and other Central Valley Medical Center personnel.
Central Valley Medical Center, Nephi Medical Clinic, Fountain Green Medical Clinic, Physical Therapy & Sports Medicine, Central Valley Home Health, Central Valley Hospice, Central Valley Home Medical Equipment and Supply, and Central Valley Community Pharmacy. These entities, sites and locations will follow the terms of this notice. In addition, these entities, sites and locations may share medical information with each other for treatment, payment or Central Valley Medical Center operational purposes described in this notice.
OUR PLEDGE REGARDING MEDICAL INFORMATION:
We understand that medical information about you and your health is personal and should be kept confidential. We are committed to protecting medical information about you. We create a record of the care and services you receive at Central Valley Medical Center. We need this record to provide you with quality care and to comply with certain legal requirements. This notice applies to all of the records of your care generated by Central Valley Medical Center, whether made by Central Valley Medical Center personnel or your personal doctor. Your personal doctor may have different policies or notices regarding the doctor's use and disclosure of your medical information created in the doctor's office or clinic.
This notice will tell you about the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information.
We are required by law to:
* Ensure that medical information which identifies you is kept private;
* Notify you of our legal duties and privacy practices with respect to medical information about you; and
* Follow the terms of the policies that are currently in effect.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU.
The following categories describe different circumstances under which we may use and disclose medical information. 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 doctors, nurses, technicians, medical students, or other Central Valley Medical Center personnel who are involved in taking care of you at one of Central Valley Medical Center's units. 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 Central Valley Medical Center also may share medical information about you in order to coordinate the different services you may need, such as prescriptions, lab work and x-rays. We also may disclose medical information about you to people outside Central Valley Medical Center who may be involved in your medical care after you leave one of Central Valley Medical Center's units, such as health professionals, family members, clergy or others we use to provide services that are part of your care.
For Payment. We may use and disclose medical information about you so that the treatment and services you receive at Central Valley Medical Center may be billed to and payment may be collected from you, an insurance company or a third party. For example, we may need to give your health plan information about surgery you received at Central Valley Medical Center so your health plan will pay us or reimburse you for the surgery. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.
For Health Care Operations. We may use and disclose medical information about you for Central Valley Medical Center operations. These uses and disclosures are necessary to run Central Valley Medical Center and make sure that all of our patients receive quality care. For example, we may use medical information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may also gather information from several Central Valley Medical Center patients to decide if treatments are effective and/or what additional services we should offer to meet the needs of our patients. We may also disclose information to doctors, nurses, technicians, medical students, and other Central Valley Medical Center personnel for review and learning purposes. We may also combine the medical information we have with medical information from other healthcare organizations to compare how we are doing and see where we can make improvements in the care and services we offer. As appropriate or as required, we may remove information that identifies you from this set of medical information so others may use it to study health care and health care delivery without learning who the specific patients are.
Appointment Reminders. We may use and disclose medical information to contact you as a reminder that you have an appointment for treatment or medical care at Central Valley Medical Center or one of its units.
Treatment Alternatives. We may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that may be of interest to 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 may use medical information about you to contact you in an effort to raise money for Central Valley Medical Center and its operations. We may disclose this information to a foundation related to Central Valley Medical Center so that the foundation may contact you in raising money for Central Valley Medical Center. We only would release contact information, such as your name, address and phone number. If you do not want Central Valley Medical Center to contact you for fundraising efforts, you must notify CVMC in writing.
Central Valley Medical Center Directory. We may include certain limited personal information about you in Central Valley Medical Center directory while you are a patient at Central Valley Medical Center. This information may include your name, location in Central Valley Medical Center, your general condition (e.g., fair, stable, etc.) and your religious affiliation. The directory information, except for your religious affiliation, may also 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 don't ask for you by name. This is so your family, friends and clergy can visit you in Central Valley Medical Center and generally is aware of your condition.
Individuals Involved in Your Care or Payment for Your Care. We may release medical information about you to a friend or family member who can verify that he or she is involved in your medical care. We may also give information to someone who helps pay for your care. We may also tell your family or friends your condition and that you are in Central Valley Medical Center. 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.
Research. Under certain 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 patients who received one medication to those who received another, for the same condition. All research projects, however, are subject to a special approval process. This process evaluates a proposed research project and its use of medical information, trying to balance the research needs with patients' need for privacy of their medical information. Before we use or disclose medical information for research, the project will have been approved through this research approval process. Usually this information will be disclosed without identifying the patient. We may, however, need to disclose medical information about you to people preparing to conduct a research project; for example, to help them look for patients with specific medical needs, so long as the medical information they review does not leave Central Valley Medical Center. We will always request your specific permission if the researcher will have access to your name, address or other information that reveals who you are, or will be involved in your care at Central Valley Medical Center.
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.
Organ and Tissue Donation. If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation.
Military and Veterans. If you are a member of the armed forces, we will release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.
We may use and disclose to components of the Department of Veterans Affairs medical information about you to determine whether you are eligible for certain benefits.
Workers' Compensation. We may release medical information about you for workers' compensation or similar programs. These programs provide benefits for work-related injuries or illness.
Public Health Risks. We may disclose medical information about you for public health activities. These activities generally include the following:
to prevent or control disease, injury or disability
to report births and deaths;
to report child abuse or neglect;
to report reactions to medications or problems with products;
to notify people of recalls of products they may be using;
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;
to notify 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 medical 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.
Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.
Law Enforcement. We may release medical information if asked to do so by a law enforcement official:
In response to a court order, subpoena, warrant, summons or similar process;
To identify or locate a suspect, fugitive, material witness, or missing person;
About the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement;
About a death we believe may be the result of criminal conduct;
About criminal conduct at Central Valley Medical Center; and
In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.
Coroners, Medical Examiners and Funeral Directors. We may release 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 patients of Central Valley Medical Center to funeral directors as necessary to carry out their duties.
National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
Protective Services for the President and Others. We may disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or conduct special investigations.
"Security Clearances. We may use medical information about you to make decisions regarding your medical suitability for a security clearance or service abroad. We may also release your medical suitability determination to the officials in the Department of State who need access to that information for these purposes."
Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.
YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU.
You have the following rights regarding medical information we maintain about you:
Right to Inspect and Copy. You have the right to inspect and copy medical information that may be used to make decisions about your care. Usually, this includes medical and billing records, but does not include psychotherapy notes.
To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to the Health Information Management Supervisor. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request.
We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Another licensed health care professional chosen by Central Valley Medical Center will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
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 Central Valley Medical Center.
To request an amendment, your request must be made in writing and submitted to Kathy Rice, HIM Supervisor. 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 documented reasons to support the request. In addition, we may deny your request if you ask us to amend information that:
Was not created by us;
Is not part of the medical information kept by or for Central Valley Medical Center;
Is not part of the information which you would be permitted to inspect and copy; or
Is accurate and complete.
Right to an Accounting of Disclosures. You have the right to request an "accounting of disclosures." This is a list of the disclosures we made of medical information about you. To request this list or accounting of disclosures, you must submit your request in writing to Central Valley Medical Center's Medical Records Department (435) 623-3121. Your request must state a time period, which may not be longer than six years and may not include dates before April 14th, 2003. Your request should indicate in what form you want the list (for example, on paper, 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.
Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery you had.
Except under very specific terms of the HIPAA Final Rule we are not required to agree to your request. If we do agree, however, we will comply with your request unless the information is needed to provide you emergency or other required treatment as determined by competent medical personnel. To request restrictions, you must make your request in writing. 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. The HIPAA Final Rule does require that providers agree to patient requests for restriction of disclosures only if:
a. the disclosure is for payment or health care operations.
b. the disclosure is not required by law.
c. PHI relates only to a health care item of service for which the provider has been paid in full (cash pay).
In situations where a patient restricts CVMC from submitting claims for payment, CVMC may request payment in full from the patient prior to providing services.
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 at work or by mail. To request confidential communications, you must make your request in writing. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted. Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice. It is made available to you on Central Valley Medical Center's website for the express purpose of patient access to this information. You may print a copy for your review. You may also obtain a paper copy of this notice by requesting one from our admissions office located in the front lobby.
Right to Notification of Breach. You have the right to be notified promptly if there is a breach of your unsecured personal health information. A breach is generally defined as an impermissible use or disclosure under the privacy rule that compromises the security or privacy of the protected health information such that the use or disclosure poses a significant risk of financial, reputational, or other harm to the affected individual. This notification will be in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically.
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 Central Valley Medical Center's admission area and on the website. The notice will contain on the first page, in the top right-hand corner, the effective date. In addition, each time you register at or are admitted to Central Valley Medical Center for treatment or health care services as an inpatient or outpatient, we will offer you a copy of the current notice in effect.
If you believe your privacy rights have been violated, you may file a complaint with Central Valley Medical Center or with the Secretary of the Department of Health and Human Services. All complaints must be submitted in writing. To file a complaint with Central Valley Medical Center, mail your written objection to the attention of: Brian Allsop, Privacy Officer, Central Valley Medical Center, 48 west, 1500 North, Nephi, Utah 84648. Telephone: 435-623-3105. You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION.
Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written permission. 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 reasons covered by your written authorization. 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.