Fayette County Memorial Hospital
Effective Date: January 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, please contact the Privacy Officer.
WHO WILL FOLLOW THIS NOTICE
This notice describes our hospital's practices and that of:
- any health care professional, physicians, or therapists authorized to enter information into your
hospital chart.
- all departments and units of the hospital.
- any member of a volunteer group we allow to help you while you are in the hospital.
- all employees, staff, and other hospital personnel.
- all these entities, sites and locations follow the terms of this notice. In addition, these entities,
sites and locations may share medical information with each other for treatment, payment or hospital
operations purposes described in this notice.
OUR PLEDGE REGARDING MEDICAL INFORMATION
We understand that medical information about you and your health is personal. We are committed to
protecting medical information about you. We create a record of the care and services you receive at
the hospital. 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 the hospital,
whether made by hospital 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:
- make sure that medical information that identifies you is kept private.
- give you this notice of our legal duties and privacy practices 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 doctors, nurses, technicians, medical students, or other hospital personnel who are involved in
taking care of you at the hospital. 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 hospital also may share medical information about you in order to coordinate the
different things you need, such as prescriptions, lab work and x-rays. We also may disclose medical
information about you to people outside the hospital, such as 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 the hospital 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 the hospital 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 hospital operations. These uses and disclosures are necessary
to run the hospital 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 combine medical information about many hospital patients to decide
what additional services the hospital should offer, what services are not needed, and whether certain new
treatments are effective. We may also disclose information to doctors, nurses, technicians, medical
students, and other hospital personnel for review and learning purposes. We may also combine the medical
information we have with medical information from other hospitals to compare how we are doing and see
where we can make improvements in the care and services we offer. 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 the hospital.
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 the hospital and its operations.
We may disclose medical information to a foundation related to the hospital so that the foundation may
contact you in raising money for the hospital. We only would release contact information, such as your
name, address, and phone number and the dates you received treatment or services at the hospital. If
you do not want the hospital to contact you for fundraising efforts, you must notify the Hospital
Administrator in writing.
Hospital Directory We may include certain
limited information about you in the hospital directory while you are a patient at the hospital.
This information may include your name, location in the hospital, 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 the hospital and generally know how you are
doing.
Individuals Involved in Your Care or Payment for Your Care
We may release medical information about you to a friend or family member who is involved in your
medical care. If you are unavailable, incapacitated, or facing an emergency medical situation, and we
determine that a limited disclosure may be in your best interest, we may share personal health information
to individuals without your approval. We may also give information to someone who helps pay for your care.
We may al so tell your family or friends your condition and that you are in the hospital. 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 We may release your personal health
information for certain research purposes when approved by a review board with established rules to
ensure privacy.
As Required by Law We will discuss 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.
SPECIAL SITUATIONS
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 may 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.
Employers We may release to your employer
medical information about you when we have provided health care to you at the request of your employer.
Workers' Compensation We may release medical
information about you for workers' compensation or similar programs. These programs provide benefits for
work-related injuries or illnesses.
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 the hospital; 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 the hospital 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.
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 Director of Medical Records. 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 the hospital 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 the hospital.
To request an amendment, your request must be made in writing and submitted to the Director of Medical
Records. 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 not created by us, unless the person or entity that created the information is no longer available
to make the amendment;
- is not part of the medical information kept by or for the hospital;
- 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.
To request this list or accounting of disclosures, you must submit your request in writing to the HIPAA
Compliance Officer. Your request must state a time period which may not be longer than six years and
may not include dates before February 26, 2003. Your request should indicate in what form you want the
list (for example, on paper, electronically). The first list you request within a twelve (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.
We are not required to agree to your request. If
we do agree, we will comply with your request unless the information is needed
to provide you emergency treatment.
To request restrictions, you must make your request on the consent form you sign when you become a patient. 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 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 to the HIPAA Compliance
Officer. 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. 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.
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 hospital. 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 the hospital for treatment or health care services as an inpatient or outpatient,
we will offer you a copy of the current notice in effect.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a complaint with the hospital or
with the Secretary of the Department of Health and Human Services. To file a complaint with the hospital,
contact Jennifer Pieratt, Corporate Compliance Officer at (740) 333-2950. All complaints must be
submitted in writing.
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.