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Policy
Hamilton
Hospital Notice of Privacy Practice
This notice addresses how medical information about you may be
used and disclosed and how you can get access to this information.
Please read it carefully.
Protected Information
While receiving care from our facility, information regarding your
medical history, treatment, and payment for your health care may
be originated and/or received by us. Information which can be used
to identify you and which relates to your past, present or future
medical condition, receipt of health care or payment for health
care (“Protected Information”).
Our Responsibilities
Federal law imposes certain obligations and duties upon us as a
covered health care provider with respect to your Protected Information.
Specifically, we are required to:
- Provide you with notice of our legal duties and our
facility’s
policies regarding the use and disclosure of your Protected Information;
- Maintain
the confidentiality of your Protected Information in accordance
with state and federal law;
- Honor your requested restrictions
regarding the use and disclosure of your Protected Information
unless under the law we are authorized
to release your Protected Information without your authorization;
- Allow
you to inspect and copy your Protected Information during our
regular business hours;
- Act on your request to amend Protected
Information within sixty (60) days and notify you of any delay
which would require us
to extend the deadline by the permitted thirty (30) day extension;
- Accommodate
reasonable requests to communicate Protected Information by alternative
means or methods; and
- Abide by the terms of this notice.
How Your Protected Information May be Used and Disclosed
Generally, your Protected Information may be used and disclosed
by us only with your express written authorization. However,
there are some exceptions to this general rule.
- Treatment, Payment or Health Care Operations.
Treatment Purposes
We may use or disclose your Protected information for treatment
purposes. During your care at our facility, it may be necessary
for various personnel involved in your care to have access to
your Protected Information in order to provide you with care.
For example, information obtained by a nurse, physician, or other
member of your health care team will be recorded in your record
and used to determine the course of treatment that should work
best for you. Your physician will document in your record his
or her plan of care to be carried out by members of your health
care team. Members of your health care team will then record
the actions they took and their observations. In that way, the
physician will know how you are responding to treatment. In addition,
we may contact you to provide appointment reminders or information
about treatment alternatives or other health-related benefits
and services that may be of interest to you.
Situations may also arise when it is necessary to disclose your
Protected Information to health care providers outside our facility
who may also be involved in your care. For example, we would provide
a subsequent health care provider with copies of various reports
that should assist him or her in treating you once you have been
dismissed or transferred from the hospital.
Payment Purposes
Your Protected Information may also be used or disclosed for payment
purposes. It is necessary for us to use or disclose Protected Information
so that treatment and serviced provided by us may be billed and collected
from you, your insurance company, or other third party payer. It
may also be necessary to release Protected Information to obtain
prior approval from your health insurance. We may also release your
Protected Information to another health care provider or individual
or entity covered by HIPAA privacy regulations who has a relationship
with you for their payment activities.
Health Care Operations
Your Protected Information may also be used for health care operations,
which are necessary to ensue our facility provides the highest quality
of care. For example, your Protected Information may be used for
quality assurance or risk management purposes. We may at times remove
information that could identify you from your records so as to prevent
others from learning who the specific patients are. In addition,
we may release your Protected Information to another individual or
entity covered by the HIPAA privacy regulations that has a relationship
with you for their fraud and abuse detection or compliance purposes,
quality assessment and improvement activities, or review, evaluation
or training of health care professionals or students.
Patient Directory
Our facility maintains a patient directory. Unless you object,
your name, location in our facility, and religious affiliation
will be contained in the directory. The directory is disclosed
to members of the clergy and except for religious affiliation,
to other persons who specifically ask for the information by
your name. You are not obligated, however, in any way to consent
to the inclusion of your information in the facility directory.
Please notify facility staff if you do not wish to be included
in the directory or if you wish for information or disclosure
to be limited in some way.
Notification and Communications to Individuals Involved in Your
Care
Unless you have informed us otherwise, your Protected Information
may be used or disclosed by us to notify or assist in notifying
a family member or other persons responsible for your care. In
most cases, Protected Information disclosed for notification purposes
will be limited to your name, location and general condition. In
addition, unless you have informed us otherwise, Protected Information
may be released to a family member, relative or close personal
friend who is involved in your care to the extent necessary for
them to participate in your care. In the event you wish for any
of these uses or disclosures to be limited, please contact facility
personnel.
Fundraising Activities
We may use your Protected Information for the purpose of contacting
you as part of a fund-raising effort. Only demographic information
and the dates health care was provided to you will be used or
disclosed in connection with fundraising efforts. If you do not
wish to be contacted for fundraising activities, you may contact
the Privacy Officer at 515-832-9400 to request that your name
be removed from our list.
Research Purposes
In some instances, your Protected Information may be used or disclosed
for research purposes. All research projects which use Protected
Information are subject to a special approval process which will,
among other things, evaluate the precautions used to protect
patient medical information. In many cases, information that
identifies you as the patient will be removed.
Special Circumstances
Situations may arise which warrant us to use or disclose Protected
Information without your consent or authorization. The law specifically
allows us to use or disclose Protected Information without your
consent or authorization in the following special circumstances:
- Public Health Activities
We are allowed to use or disclose your Protected Information
for public health activities and purposes. Examples of public
health activities that would warrant the use or disclosure
of your Protected Information include:
- Preventing or controlling
disease, injury or disability;
- Reporting births and deaths;
- Reporting the abuse or neglect
of a child or dependent adult;
- Reporting reactions to medications
or problems with products; or\
- Notifying individuals exposed
to disease that may be at risk for contracting or spreading
the disease.
- Health Oversight Activities
Your Protected Information may be used or disclosed to a health
oversight agency for activities authorized by law. Examples of
health oversight activities include audits, investigations, inspections
or judicial/administrative proceedings, which you are not the
subject of. In most cases, the oversight activity will be for
the purpose of overseeing the care rendered by our facility or
our facility’s compliance with certain laws and regulations.
- Judicial
and Administrative Proceedings
If you are involved in a lawsuit or other administrative proceeding,
we may release your Protected Information in response to a
court or administrative order requesting the release. In some
instances,
we may also release Protected Information pursuant to a subpoena
or discovery request but only if efforts have been made by
the requester to provide you with notice of the request and you
have
failed to object or the objection was resolved in favor of
disclosure, on in the alternative, the requester has obtained
a protective
order protecting the requested information.
- Victims of Abuse or
Neglect
Other than child and dependant adult abuse which is covered
under public health activities, we may use or disclose your
Protected
Information to a protective services or social services agency
or other similar government authority, if we reasonably believe
you have been the victim of abuse, neglect or domestic violence
as long as you agree to such disclosure and we feel it is necessary
to prevent serious harm to you or other individuals. If you
are incapacitated and unable to agree to such a disclosure,
we may
release your Protected Information for this purpose but only
if failure to release it would materially and adversely effect
a law enforcement activity and the information will not be
used, in any way, against you.
- Law Enforcement
We may also release your Protected Information to a law enforcement
official for the following purposes:
- Pursuant to a
court order, warrant, subpoena/summons, or administrative
request;
- Identifying or locating a suspect, fugitive, material
witness or missing person;
- Regarding a crime victim, but only
if the victim consents or the victim is unable to consent
due to incapacity and the information
is needed to determine if a crime has occurred, non-disclosure
would significantly hinder the investigation, and disclosure
is in the victim’s best interest;
- Regarding a decedent, to alert law
enforcement that the individual’s
death was caused by suspected criminal conduct; or
- By emergency
care personnel if the information is necessary to alert law enforcement
of a crime, the location of a crime,
or characteristics of the perpetrator.
- Coroner, Medical Examiners, Funeral Homes
Protected Information regarding a decedent may be released
to a coroner or medical examiner for the purpose of identifying
a
deceased person, determining cause of death or other duties
as authorized by law. Protected Information regarding a
decedent
may also be disclosed to funeral directors if necessary to
carry out their duties.
- Specialized Government Functions
Your Protected Information may be used or disclosed for a variety
of government functions subject to some limitations. These
government functions include:
- Military and Veterans activities;
- National security and intelligence
activities;
- Protective service of the President and others;
- Medical suitability
determinations for Department of State officials;
- Correctional
institutions and law enforcement custodial situations; or
- Provision
of public benefits.
- Organ Donation
Your Protected Information may be used or disclosed by us to
entities engaged in the procurement, banking or transplantation
of organs,
eyes or tissues for the purpose of facilitating such donation
and transplantation.
- Workers’ Compensation
We are allowed to disclose your Protected Information as authorized
and to the extent necessary to comply with laws relating to workers’ compensation
or other programs providing benefits for work related injuries
or illness without regard to fault.
More Stringent Laws
Some of your Protected Information may be subject to other laws
and regulations and afforded greater protection than what is
outlined in the Notice. For instance, HIV/AIDS, substance abuse,
and mental health information are often given more protection.
In the event your Protected Information is afforded greater protection
under Federal or State law, we will comply with the applicable
law.
Your Rights
Federal law grants you certain rights with respect to your Protected
Information. Specifically, you have the right to:
- Receive notice of
our policies and procedures used to protect your Protected
Information;
- Request that certain uses and disclosures of your
Protected Information be restricted;
provided, however, if we
may release the information
without your consent or authorization, we have the right to
refuse your request;
- Access to your Protected Information; provided, however,
the request must be in writing and may be denied in certain limited
situations;
- Request that your Protected Information be amended;
- Obtain an
accounting of certain disclosures by us of your Protected Information
for the past six years;
- Revoke any prior authorizations or consents
for use or disclosure of Protected Information, except to the
extent that action
has already been taken; and
- Request communications of your Protected Information
are done by alternative means or at alternative locations.
Important Contact Information
This notice has been provided to you as a summary of how we will
use your Protected Information and your rights with respect to
your Protected Information. If you have any questions or for
more information regarding your Protected Information, please
contact the Privacy Officer at 515-832-9400.
If you believe your privacy rights have been violated, you may
file a complaint with our office by contacting the Privacy Officer
at 515-832-9400. You may also file a complaint with the Secretary
of Health and Human Services. There will be no retaliation for
filing a complaint.
Effective Date
This notice became effective on April 14, 2003 and was updated
on June 1st, 2005. Please note, we reserve the right to revise
this notice at any time. A current notice of our privacy practices
may be obtained from our registration office by calling 832-9400.
A current notice of privacy practices will also be located on
the Hamilton Hospital website at www.hamiltonhospital.com.
We reserve the right to revise our practices with respect to Protected
Information and to amend this notice. Should our information practices
change, we will post the revised notice in the facility and on
the website(www.hamiltonhospital.com.) and have revised notices
available at registration desks.
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