Carrier Clinic Privacy Notice
Effective Date: April 2003
1. THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE
USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW
IT CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT The
Health Information Privacy Officer (Director of Health Information Management),
Privacy Official (VP & Compliance Officer), or the Patient Representative.
This notice describes our hospital’s practices and that of: Any health care
professional 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.
2. WE HAVE A LEGAL OBLIGATION TO SAFEGUARD YOUR
PROTECTED HEALTH INFORMATION (PHI).
a. We are legally required to protect
the privacy of your health information. We call this information “protected
health information,” or “PHI” for short, and it includes information that can be
used to identify you that we’ve created or received about your past, present, or
future health or condition, the provision of health care to you, or the payment
of this healthcare. We must provide you with this notice to explain our privacy
practices, when and why we use and disclose your PHI. With some exceptions, we
may not use or disclose any more of your PHI than is necessary and relevant to
accomplish the purpose of the use or disclosure. We are legally required to
follow the privacy practices that are described in this notice.
b. However, we reserve the right to change the terms of this notice and our privacy
policies at any time. Any changes will apply to the PHI we already have. Before
we make an important change to our policies, we will promptly change this notice
and post a new notice on designated Patient Units and the Access Center
Reception Area. You can also request a copy of this notice from the contact
person listed in Section 6 & 7 below at any time and can view a copy of the
notice on our Web site at www.carrier.org.
3. HOW WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION.
a. During your treatment at
Carrier Clinic, there may be instances in which your PHI may inadvertently be
disclosed to others on the hospital grounds due to the nature of services that
we provide. Some examples of such incidental disclosures that you should be
aware of are:
1) The nature of the treatment rendered at Carrier Clinic
may reveal information about a patient, for example: Group therapy is utilized
at Carrier Clinic as part of the therapeutic process. Personal health
information is often disclosed in therapeutic groups in which many patients
participate.
2) Luggage and some other personal belongings
are labeled and stored in a locked, secured area. When patients are provided
access to this area, it may be possible to view the names labeled on the luggage
or other personal belongings being stored.
3) If you have grounds
privileges, there are parts of the hospital outside of the therapeutic units
that are considered to be “common areas,” and shared by other patients,
residents, students and visitors, such as the dining room, library, hallways,
Access Center, gym, and the surrounding outside areas.
4) Carrier Clinic
has on its grounds two hospitals, residential facilities and a day school for
adolescents. The “common areas” described above may be shared by residents and
students as well as patients of the hospital. In addition, community programs
are also offered on the campus for example, Alcoholics Anonymous, Weekend
Co-Dependency Programs and other related treatment programs.
b. We use and disclose health information for many different reasons. For some of these
uses or disclosures, we need your prior consent or specific authorization.
Below, we describe the different categories of our uses and disclosures and give
you some examples of each category
c. Uses and Disclosures Relating to Treatment, Payment, or Health Care Operations. We may use and disclose your PHI
for the following reasons:
1) For treatment. We may disclose your PHI to
physician and, nurses, medical students, technicians, and other health care
professionals who are involved in you care. For example, if you were being
treated by a physician or therapist prior to this hospitalization, we may
disclose your PHI to your outside physician or therapist in order to coordinate
your care. We may also disclose your PHI to a new physician or therapist when
making a referral for your aftercare. 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 who may be
involved in your medical care after you leave the hospital.
2) To obtain payment for treatment. We may use and disclose your PHI in order to bill and
collect payment for the treatment and services provided to you. For example, we
may provide portions of your PHI to our billing department and your health plan
to get paid for the health care services we provided to you. 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. We may also
provide your PHI to our business associates, such as billing companies, claims
processing companies, and others that process our healthcare claims.
3) 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 your PHI in order to evaluate the quality of health care
services that you received or to evaluate the performance of the health care
professionals who provided health care services to you.
4) Special Situations.
When a disclosure is required by federal, state or local law, judicial or
administrative proceedings, or law enforcement. For example, we make disclosures
when a law requires that we report information to government agencies and law
enforcement personnel about victims of abuse, neglect, or domestic violence; or
when the safety of you or another person is at risk; or when required as part of
an involuntary commitment process.
For public health activities. For
example, we report information about births, deaths, and various diseases, to
government officials in charge of collecting that information, and we provide
coroners, medical examiners, and funeral directors necessary information
relating to an individual’s death.
For 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.
For Research Purposes. We may disclose
your PHI to researchers when their research has been approved by an
Institutional Review Board that has reviewed the research proposal and
established protocols to ensure the privacy of your PHI. We will ask for
specific permission (an authorization) or we will ask the Institutional Review
Board to waive the requirements to obtain an authorization from you. A waiver of
authorization will be based upon assurances from the review board that the
researchers will adequately protect your PHI.
Business Associates. There
are some services provided in our organization through contracts with business
associates. Examples include our medical records transcription services,
consultants, accountants and attorneys. When these services are contracted, we
may disclose your health information to our business associates so that they can
perform the job we’ve asked them to do. To protect your health information,
however, we require that the business associates appropriately safeguard your
information.
To Avoid Harm. We may release information regarding your
criminal conduct at the hospital or against its personnel or when a threat is
made to commit such a crime. Reporting is limited to the circumstances of the
incident.
For Specific Government Functions. We may disclose PHI of
military personnel and veterans in certain situations. We may disclose PHI for
national security purposes authorized by law.
For Worker’s Compensation
Purposes. We may provide PHI in order to comply with workers’ compensation
law.
Appointment Reminders and Health-Related Benefits or Services. We
may use your PHI to provide appointment reminders or give you information about
treatment alternatives, or other health care services or benefits we
offer.
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.
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 order.
Response to Certain Court Orders. We may
release medical information if required to do so by a law enforcement official
in response to certain court orders.
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.
Disclosures to family, friends, or others. With
the appropriate authorization, we may provide your PHI to a family member,
friend, or other person that you indicate is involved in your care or the
payment for your healthcare. Carrier will not disclose information without the
appropriate authorization or consent. The opportunity to consent may be obtained
retroactively in emergency situation.
4. CONFIDENTIALITY OF ALCOHOL AND
DRUG ABUSE PATIENT RECORDS REQUIRES AUTHORIZATION. The confidentiality of
alcohol and drug abuse patient records maintained by Carrier is protected by
federal law and regulations. Generally, Carrier may not say to a person outside
Carrier that a patient attends Carrier, or disclose any information identifying
a patient as an alcohol or drug abuser unless the patient consents in writing,
the disclosure is allowed by court order; or the disclosure is made to medical
personnel in a medical emergency or to qualified personnel for research, audit
or program evaluation. Accordingly, Carrier may not disclose drug and alcohol
medical records without the appropriate patient authorization.
5. 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.
6. 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 in writing. To
file a complaint with the hospital, contact The Patient Representative, Health
Information Privacy Officer (Director of Health Information Management) and
Privacy Official (VP & Corporate Compliance Officer). All complaints must be
submitted in writing. You will not be penalized for filing a
complaint.
a) If you have any questions about this notice or any
complaints about our privacy practices, or would like to know how to file a
complaint with the Secretary of the Department of Health and Human Services,
please contact: The Privacy Official (VP & Compliance Officer), Carrier
Clinic, PO Box 147, Rte 601, Belle Mead, NJ 08502, (908) 281-1000, or
ttoole@carrierclinic.com.
7. RIGHTS YOU HAVE REGARDING YOUR PHI. You have
the following rights regarding medical information we maintain about
you:
a) The Right to Request Limits on Uses and Disclosures of Your PHI.
You have the right to ask that we limit how we use and disclose your PHI. We
will consider your request but are not legally required to accept it. If we
accept your request, we will put any limits in writing and abide by them except
in emergency situations. You may not limit the uses and disclosures that we are
legally required or allowed to make.
b) The Right to Choose How We Send
PHI to You. You have the right to ask that we send information to you to an
alternate address (for example, sending information to your work address rather
than your home address) or by alternate means (for example, e-mail instead of
regular mail). We must agree to your request so long as we can easily provide it
in the format you requested.
c) Right to Inspect and Copy. You have the
right to inspect and request a copy of 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 Health Information Management or the
Health Information Management Department. 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.
1. In certain very limited
situations, we may deny your request to inspect and obtain a copy of your PHI.
We will respond to you within 30 days after receiving your written request. If
we deny your request, we will tell you, in writing, our reasons for the denial
and explain your right to have the denial reviewed. 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.
a) The Right to Get a List of the Disclosures We Have Made. You
have the right to get a list of instances in which we have disclosed your PHI.
The list will not include uses or disclosures for treatment, payment, or health
care operations, or uses or disclosures pursuant to an authorization that you
have already provided. The list also won’t include uses and disclosures made for
national security purposes, to corrections or law enforcement personnel, or
disclosures made before April 13, 2003.
1. We will respond within 60 days
of receiving your request. The list we will give you will include disclosures
made in the last six years unless you request a shorter time. The list will
include the date of the disclosure, to whom PHI was disclosed (including their
address, if known), a description of the information disclosed, and the reason
for the disclosure. We will provide the list to you at no charge.
a) The
Right to Correct or Update Your PHI. If you believe that there is a mistake in
your PHI or that a piece of important information is missing, you have the right
to request that we attach an explanation provided by you explaining your desired
correction to the record as a medical record is considered a legal document. You
must provide the request and your reason for the request in writing. We will
respond within 60 days of receiving your request. We may deny your request in
writing if the PHI is (i) correct and complete, (ii) not created by us, (iii)
not allowed to be disclosed, or (iv) not part of our records. Our written denial
will state the reasons for the denial and explain your right to file a written
statement of disagreement with the denial. If you don’t file one you have the
right to request that your request and our denial be attached to all future
disclosures of your PHI. If we approve your request, we will make the change to
your PHI, tell you that we have done it, and tell others that need to know about
the change to your PHI.
b) 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. You may
obtain a copy of this notice at our Web site, www.carrierclinic.org.
c) The Right to Get This Notice by E-Mail. You have the right to get a copy of this
notice by e-mail. Even if you have agreed to receive notice via e-mail, you also
have the right to request a paper copy of this notice.
8. 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 healthcare
services as an inpatient or outpatient, we will offer you a copy of the current
notice in effect.
9. EFFECTIVE DATE OF THIS NOTICE.
This notice went into effect on April 14, 2003. Revised October 2003.