NOTICE OF PRIVACY
PRACTICE S
(45 CFR §164.520(a))
Effective: April 14, 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 about this notice, please contact the Privacy
Officer at ARC of Wabash County, Inc.
WHO WILL FOLLOW THIS NOTICE
This notice describes our practices and that of:
- Any health care professional authorized to enter information into your file
at ARC of Wabash County.
- All departments and units of ARC of Wabash County.
- Any member of a volunteer group we allow to help you at ARC.
- All employees, staff and other personnel of ARC.
- 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 ARC 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 ARC. 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 ARC. Other health care
rehabilitation facilities may have different policies or notices regarding use
and disclosure of your medical information. 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.
ABOUT YOU
- 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 will use and disclose
medical information about you when we have a "Duty to Report" under
state or federal law, because we believe that it is 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.
- Public Health Risks. We will disclose medical information about you
for public health reporting required by federal or state law. 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 client
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 will disclose medical information as
required by law 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 will disclose medical information about you when properly ordered to do so
by a court.
- Law Enforcement. We will release medical information if asked to do
so by a law enforcement official, and if permitted by law:
• In response to a court order;
• If required by state or federal law;
• 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 an ARC facility; 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.
- Protective Services for the President and Others. We will 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.
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 treatment or services. We may disclose medical information
about you to doctors, psychologists, nurses, social workers, therapists, technicians,
medical students, or other ARC personnel who are involved in taking care of
you. Different departments of ARC also may share medical information about you
in order to coordinate the different things you need. We also may disclose medical
information about you to people outside ARC, such as other health care providers
involved in providing medical treatment for you and to people who may be involved
in your medical care, 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 ARC, or other health
care providers from whom you receive treatment, 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 treatment you received
at ARC so your health plan will pay us or reimburse you for your treatment.
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 ARC operations or to another health care provider
or health plan, if you have a relationship with that health care provider or
health plan. These uses and disclosures are necessary to run ARC and make sure
that all of our clients 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 clients to decide what additional services ARC should offer, what services
are not needed, and whether certain new treatments are effective. We may also
disclose information to doctors, social workers, therapists, nurses, psychologists,
technicians, medical students, and other personnel for review and learning purposes.
We may also combine the medical information we have with medical information
from other health care rehabilitation facilities 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 clients are.
- Appointment Reminders. We may use and disclose information
to contact you as a reminder that you have an appointment for treatment or services
at ARC.
- Treatment Alternatives. We may use and disclose 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 information about you
to contact you in an effort to raise money for ARC and its operations. We may
disclose information to a foundation related to ARC so that the foundation may
contact you in raising money for ARC. We only would release contact information,
such as your name, address and phone number and the dates you received treatment
or services at ARC. If you do not want ARC to contact you for fundraising efforts,
you must notify ARC in writing.
- Facility Directory. We may include certain limited information
about you in a facility directory while you are a client enrolled in ARC services.
This information may include your name, location, and the services you receive.
- Individuals Involved in Your Care or Payment for Your Care.
We may release certain limited information about you to a friend or family member
who is involved in your medical care. We may also give information to someone
who helps pay for your care.
- Research. Under certain circumstances, we may use and disclose
information about you for research purposes. For example, a research project
may involve comparing the health and recovery of all clients 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 clients' 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, but we may, however,
disclose medical information about you to people preparing to conduct a research
project, for example, to help them look for clients with specific medical needs,
so long as the medical information they review does not leave ARC. We will ask
for 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 ARC.
SPECIAL SITUATIONS
- 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 clients of ARC 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.
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 information that may be used to make decisions
about your services. Usually, this includes medical and billing records, but
does not include psychotherapy notes. To inspect and copy information that may
be used to make decisions about you, you must submit your request in writing
to ARC. 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, under some circumstances you
may request that the denial be reviewed. Another licensed health care professional
chosen by ARC 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 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 ARC. To request an amendment, your request must be made in writing
and submitted to the Privacy Officer of ARC. 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
information kept by or for ARC;
• 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 information about you. To request this list or accounting
of disclosures, you must submit your request in writing to the Privacy Officer
at ARC. Your request must state a time period that 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 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 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 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 specific service you received. 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 in writing to the Privacy Officer. 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 a certain family member.
- Right to Request Confidential Communications. You
have the right to request that we communicate with you about matters in a certain
way or at a certain location. For example, you can ask that we only contact
you at home, by telephone or by mail. To request confidential communications,
you must make your request in writing to the Privacy 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. You are 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 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 each of our facilities. The notice will contain on the
last page, in the bottom left-hand corner, the revised date. In addition, each
time you register at or are admitted to ARC 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 ARC or with the Secretary of the Department of Health and Human Services.
To file a complaint with ARC, contact ARC’s Privacy Officer. 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 service and treatment 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 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 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 services that we provided
to you.
Developed: 4/03