 | Your Privacy
Notice of Privacy Practices
EFFECTIVE DATE OF THIS NOTICE:
04/14/2003
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THIS NOTICE DESCRIBES HOW INFORMATION
ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS
TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
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Our Pledge And Legal Duty To Protect Health Information About
You.
The privacy of your health information is important to us.
We are required by federal and state laws to protect the privacy
of your health information. We refer to this information as "protected health information," or "PHI".
We must give you notice of our legal duties and privacy practices
concerning PHI, including:
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We must protect PHI that we have created or received about
your past, present, or future health condition, health
care we provide to you, or payment for your health care.
• We must notify you about how we protect PHI about
you.
• We must explain how, when and why we use and/or
disclose PHI about you.
• We may only use and/or disclose PHI as we have
described in this Notice.
• We must abide by the terms of this Notice. |
We
are required to abide by the terms of this Notice. We reserve
the right to change the
terms of this Notice and to make new notice provisions effective
for all PHI that we
maintain. We will post a revised notice in our offices, make
copies available to you upon
request, and post the revised notice on our website.
Minnesota Patient Consent for Disclosures
For most disclosures of your health information we are required
by State of Minnesota Laws to obtain a written consent from
you, unless the disclosure is authorized by Law. This consent
may be obtained at the beginning of your treatment, during
the first delivery of health care service, or at a later point
in your care, when the need arises to disclose your health
information to others outside of our organization.
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Uses and Disclosures of Your Protected
Health Information
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A. Uses and Disclosures of Your Protected Health Information
for Purposes of Treatment, Payment and Health Care Operations.
Health
Care Treatment.
We may use and disclose PHI about you to provide, coordinate
or manage your health care and related services. This may
include communicating with other health care providers regarding
your treatment and coordinating and managing the delivery
of health services with others. For example, we may use and
disclose PHI about you when you need a prescription, lab work,
an x-ray, or other health care services. In addition, we may
use and disclose PHI about you when referring you to another
health care provider.
Payment. We may
use and disclose your medical information to others to bill
and collect payment for the treatment and services provided
to you. For example: A bill may be sent to you or a third
party payer. The information on or accompanying the bill may
include information that identifies you, as well as your diagnosis,
procedures and supplies used. Before you receive scheduled
services, we may share information about these services with
your health plan(s). Sharing information allows us to ask
for coverage under your plan or policy and for approval of
payment before we provide the services.
Health
Care Operations. We may use and disclose
PHI in performing business activities, which we call ìhealth
care operationsî. For example: Members of our staff
such as the risk or quality improvement manager, or members
of the quality improvement team may use information in your
health record to assess the care and outcomes in your case
and others like it. This information will then be used in
an effort to continually improve the quality and effectiveness
of the healthcare and service we provide.
Our
Business Associates. There are some services provided
in our organization through contacts with business associates.
Examples include physician services in the Emergency Department
and Radiology, certain laboratory tests, and a copy service
we use when making copies of your health record. When these
services are contracted, we may disclose your health information
to our business associate so that they can perform the job
we've asked them to do and bill you or your third party payer
for services rendered. So that your health information is
protected, however, we require the business associate to sign
a contract ensuring their commitment to protect your PHI consistent
with this Notice and to appropriately safeguard your information.
C. Uses and Disclosures of Your Protected Health Information
that Require Your Authorization.
In addition to our use of your health information for treatment,
payment or healthcare operations, you may give us written
authorization, different from the Minnesota Patient Consent,
to use your health information or to disclose it to anyone
for any purpose. If you give us an authorization, you may
revoke it in writing at any time. Your revocation will not
affect any use or disclosures permitted by your authorization
while it was in effect. Unless you give us a written authorization,
we cannot use or disclose your health information for any
reason except those described in this Notice.
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Research:
We may disclose information to external researchers with
your authorization, which we will attempt to collect in
a manner consistent with applicable state laws.
Marketing:
We will not be able to use or disclose your name, contact
information or other PHI for purposes of marketing without
your written authorization. This does not include informing
you about treatment alternatives or other health related
products or services that may be of interest to you.
Fundraising:
We may use and/or disclose PHI about you, including disclosure
to a
foundation, to contact you to raise money for our organization.
We would only release contact information and the dates
you received treatment or services at our facility. If
you do not want to be contacted in this way, you must
notify in writing our contact person listed in this Notice. |
D. Uses and Disclosures of Your Protected Health Information
that Require Your Opportunity to Agree or Object.
In the following instances we will provide you the opportunity
to agree or object to a use or disclosure of your PHI:
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Notification:
We may use or disclose information to notify or assist
in notifying a family member, personal representative,
or another person responsible for your care, your location,
and general condition.
Communication
with Family: Health professionals, using their
best judgement, may disclose to a family member, other
relative, close personal friend or any other person you
identify, health information relevant to that person's
involvement in your care or payment related to your care.
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If
you would like to object to our use or disclosure of PHI about
you in the above circumstances, please call our contact person
listed on the cover page of this Notice.
E. Use And Disclosure Authorized by Law that Do Not Require
Your Consent, Authorization or Opportunity to Agree or Object.
.Under certain circumstances we are authorized to use and
disclose your health information without obtaining a consent
or authorization from you or giving you the opportunity to
agree or object. These include:
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When the use and/or disclosure is authorized or required
by law. For example, when a disclosure is required by
federal, state or local law or other judicial or administrative
proceeding.
• When the use and/or disclosure
is necessary for public health activities. For example,
we may disclose PHI about you if you have been exposed
to a communicable disease or may otherwise be at risk
of contracting or spreading a disease or condition.
• When the disclosure relates
to victims of abuse, neglect or domestic violence.
• When the use and/or disclosure
is for health oversight activities. For example, we may
disclose PHI about you to a state or federal health oversight
agency which is authorized by law to oversee our operations.
• When the disclosure is for
judicial and administrative proceedings. For example,
we may disclose PHI about you in response to an order
of a court or administrative tribunal.
• When the disclosure is for
law enforcement purposes. For example, we may disclose
PHI about you in order to comply with laws that require
the reporting of certain types of wounds or other physical
injuries.
• When the use and/or disclosure
relates to decedents. For example, we may disclose PHI
about you to a coroner or medical examiner, consistent
with applicable laws, to carry out their duties.
• When the use and/or disclosure
relates to products regulated by the Food and Drug Administration
(FDA): We may disclose to the FDA health information relative
to adverse events with respect to food, supplements, product
and product defects or post marketing surveillance information
to enable product recalls, repairs or replacement.
• When the use and/or disclosure
relates to cadaveric organ, eye or tissue donation purposes.
Consistent with applicable law, we may disclose health
information to organ procurement organizations or other
entities engaged in the procurement, banking, or transplantation
of organs for the purpose of tissue donation and transplant.
• When the use and/or disclosure
relates to Workerís Compensation information: We
may disclose health information to the extent authorized
by and to the extent necessary to comply with laws relating
to workers compensation or other similar programs established
by law.
• When the use and/or disclosure
is to avert a serious threat to health or safety. For
example, we may disclose PHI about you to prevent or lessen
a serious and eminent threat to the health or safety of
a person or the public.
• When the use and/or disclosure
relates to specialized government functions. For example,
we may disclose PHI about you if it relates to military
and veteransí activities, national security and
intelligence activities, protective services for the President,
and medical suitability or determinations of the Department
of State.
• When the use and/or disclosure
relates to correctional institutions and in other law
enforcement custodial situations. For example, in certain
circumstances, we may disclose PHI about you to a correctional
institution having lawful custody of you.
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Your Individual Rights
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A. Right to Request Restrictions on Uses and Disclosures of
PHI.
You have the right to request that we restrict the use and
disclosure of PHI about you. We are not required to agree
to your requested restrictions. However, even if we agree
to your request, in certain situations your restrictions may
not be followed. These situations include emergency treatment,
disclosures to the Secretary of the Department of Health and
Human Services, and uses and disclosures described in subsection
4 of the previous section of this Notice. You may request
a restriction by submitting your request in writing to us.
We will notify you if we are unable to agree to your request.
B. Right to Request Communications via Alternative
Means or to Alternative Locations.
Periodically, we will contact you by phone, email, postcard
reminders, or other means to the location identified in our
records with appointment reminders, results of tests or other
health information about you. You have the right to request
that we communicate with you through alternative means or
to alternative locations. For example, you may request that
we contact you at your work address or phone number or by
email. While we are not required to agree with your request,
we will make efforts to accommodate reasonable requests. You
must submit your request in writing.
C. Right to See and Copy PHI.
You have the right to request to see and receive a copy of
PHI contained in clinical, billing and other records used
to make decisions about you. Your request must be in writing.
We may charge you related fees. Instead of providing you with
a full copy of the PHI, we may give you a summary or explanation
of the PHI about you, if you agree in advance to the form
and cost of the summary or explanation. There are certain
situations in which we are not required to comply with your
request. Under these circumstances, we will respond to you
in writing, stating why we will not grant your request and
describing any rights you may have to request a review of
our denial.
D. Right to Request Amendment of PHI.
You have the right to request that we make amendments to clinical,
financial and other health-related information that we maintain
and use to make decisions about you. Your request must be
in writing and must explain your reason(s) for the amendment
and, when appropriate, provide supporting documentation. We
may deny your request if: 1) the information was not created
by us (unless you prove the creator of the information is
no longer available to amend the record); 2) the information
is not part of the records used to make decisions about you;
3) we believe the information is correct and complete; or
4) you would not have the right to see and copy the record
as described in paragraph 3 above. We will tell you in writing
the reasons for the denial and describe your rights to give
us a written statement disagreeing with the denial. If we
accept your request to amend the information, we will make
reasonable efforts to inform others of the amendment, including
persons you name who have received PHI about you and who need
the amendment.
E. Right to Request and Accounting of Disclosures of PHI.
You have the right to a listing of certain disclosures we
have made of your PHI. You must request this in writing. You
may ask for disclosures made up to six (6) years before the
date of your request (not including disclosures made prior
to April 14, 2003). The list will include the date of the
disclosure, the name (and address, if available) of the person
or organization receiving the information, a brief description
of the information disclosed, and the purpose of the disclosure.
If, under permitted circumstances, PHI about you has been
disclosed for certain types of research projects, the list
may include different types of information. If you request
a list of disclosures more than once in 12 months, we can
charge you a reasonable fee.
F. Right to Receive a Copy of This Notice.
You have the right to request and receive a paper copy of
this Notice at any time. We will provide a copy of this Notice
no later than the date you first receive service from us (except
for emergency services or when the first contact is not in
person, and then we will provide the Notice to you as soon
as possible). We will make this Notice available in electronic
form on our web site.
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Questions or Complaints
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If you want more information about our privacy practices or
have questions or concerns, please contact our Privacy Officer.
If you are concerned that we may have violated your privacy
rights, or you disagree with a decision we made about access
to your health information or in response to a request you
made to amend or restrict the use or disclosure of your health
information or to have us communicate with you by alternative
means or at alternative locations, you may file a complaint
with our Privacy Officer. You can also submit a written complaint
to the U.S. Department of Health and Human Services.
We support your right to the privacy of your health information.
We will not retaliate in any way if you choose to file a complaint
with us or with the U.S. Department of Health and Human Services.
Complaints
to the Department of Health and Human Services
Contact Information:
Medical Privacy, Complaint Division
Office for Civil Rights
United States Department of Health
and Human Services
Room 509F - HHH Building
200 Independence Avenue SW
Washington, DC 20201 |
Complaints
to SuperiorHealth Center / FirstPlan of Minnesota
Contact Information:
HIPAA Privacy Officer
SuperiorHealth Center
c/o FirstPlan of Minnesota - Suite 222
525 S Lake Avenue
Duluth, MN 55802-2300
Phone: 218-724-3083
Toll-Free: 1-800-635-4159
Fax: 218-727-7247 |
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