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THIS
NOTICE DESCRIBES HOW MEDICAL INFORMATION
ABOUT YOU MAY BE USED AND DISCLOSED AND
HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE READ IT CAREFULLY
.
NOTICE OF PRIVACY POLICY
Effective: April 14, 2003
The following is the privacy policy of
Highlands Cancer
Center as described in the Health
Insurance Portability and Accountability
Act of 1996 and regulations promulgated
there under, commonly known as HIPAA. HIPAA
requires Highlands
Cancer Center- by law to maintain
the privacy of your personal health information
and to provide you with notice of Highlands
Cancer Center legal duties and privacy
policies with respect to your personal health
information. We are required by law to abide
by the terms of this Privacy Notice.
| Your
Personal Health Information |
| We
collect personal health
information from you
through treatment,
payment and related
healthcare operations,
the application and
enrollment process,
and/or healthcare
providers or health
plans, or through
other means, as applicable.
Your personal health
information that is
protected by law broadly
includes any information,
oral, written or recorded,
that is created or
received by certain
health care entities,
including health care
providers, such as
physicians and hospitals,
as well as, health
insurance companies
or plans. The law
specifically protects
health information
that contains data,
such as your name,
address, social security
number, and others,
that could be used
to identify you as
the individual patient
who is associated
with that health information. |
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| Uses
or Disclosures of Your Personal
Health Information |
| Generally,
we may not use or
disclose your personal
health information
without your permission.
Further, once your
permission has been
obtained, we must
use or disclose your
personal health information
in accordance with
the specific terms
that permission. The
following are the
circumstances under
which we are permitted
by law to use or disclose
your personal health
information |
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| Without
Your Consent |
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Without your consent,
we may use or disclose
your personal health
information in order
to provide you with
services and the
treatment you require
or request, or to
collect payment
for those services,
and to conduct other
related health care
operations otherwise
permitted or required
by law. Also, we
are permitted to
disclose your personal
health information
within and among
our workforce in
order to accomplish
these same purposes.
However, even with
your permission,
we are still required
to limit such uses
or disclosures to
the minimal amount
of personal health
information that
is reasonably required
to provide those
services or complete
those activities.
Examples
of treatment activities
include:
(a) the provision,
coordination, or
management of health
care and related
services by health
care providers;
(b) consultation
between health care
providers relating
to a patient; or
(c) the referral
of a patient for
health care from
one health care
provider to another.
Examples
of payment activities
include:
(a) billing and
collection activities
and related data
processing;
(b) actions by a
health plan or insurer
to obtain premiums
or to determine
or fulfill its responsibilities
for coverage and
provision of benefits
under its health
plan or insurance
agreement, determinations
of eligibility or
coverage, adjudication
or subrogation of
health benefit claims;
(c) medical necessity
and appropriateness
of care reviews,
utilization review
activities; and
(d) disclosure to
consumer reporting
agencies of information
relating to collection
of premiums or reimbursement.
Examples
of health care operations
include:
(a) development
of clinical guidelines;
(b) contacting patients
with information
about treatment
alternatives or
communications in
connection with
case management
or care coordination;
(c) reviewing the
qualifications of
and training health
care professionals;
(d) underwriting
and premium rating;
(e) medical review,
legal services,
and auditing functions;
and
(f) general administrative
activities such
as customer service
and data analysis
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| As
Required By Law |
We
may use or disclose
your personal health
information to the
extent that such use
or disclosure is required
by law and the use
or disclosure complies
with and is limited
to the relevant requirements
of such law.
Examples
of instances in which
we are required to
disclose your personal
health information
include:
(a) public health
activities including,
preventing or controlling
disease or other injury,
public health surveillance
or investigations,
reporting adverse
events with respect
to food or dietary
supplements or product
defects or problems
to the Food and Drug
Administration, medical
surveillance of the
workplace or to evaluate
whether the individual
has a work-related
illness or injury
in order to comply
with Federal or state
law;
(b) disclosures regarding
victims of abuse,
neglect, or domestic
violence including,
reporting to social
service or protective
services agencies;
(c) health oversight
activities including,
audits, civil, administrative,
or criminal investigations,
inspections, licensure
or disciplinary actions,
or civil, administrative,
or criminal proceedings
or actions, or other
activities necessary
for appropriate oversight
of government benefit
programs; (d) judicial
and administrative
proceedings in response
to an order of a court
or administrative
tribunal, a warrant,
subpoena, discovery
request, or other
lawful process;
(e) law enforcement
purposes for the purpose
of identifying or
locating a suspect,
fugitive, material
witness, or missing
person, or reporting
crimes in emergencies,
or reporting a death;
(f) disclosures about
decedents for purposes
of cadaver donation
of organs, eyes or
tissue;
(g) for research purposes
under certain conditions;
(h) to avert a serious
threat to health or
safety;
(i) military and veterans
activities;
(j) national security
and intelligence activities,
protective services
of the President and
others;
(k) medical suitability
determinations by
entities that are
components of the
Department of State;
(l) correctional institutions
and other law enforcement
custodial situations;
(m) covered entities
that are government
programs providing
public benefits, and
for workers' compensation |
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| All
Other Situations, With Your Specific
Authorization |
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Except as otherwise
permitted or required,
as described above,
we may not use or
disclose your personal
health information
without your written
authorization. Further,
we are required
to use or disclose
your personal health
information consistent
with the terms of
your authorization.
You may revoke
your authorization
to use or disclose
any personal health
information at any
time, except to
the extent that
we have taken action
in reliance on such
authorization, or,
if you provided
the authorization
as a condition of
obtaining insurance
coverage, other
law provides the
insurer with the
right to contest
a claim under the
policy.
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| Miscellaneous
Activities, Notice |
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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. We may contact
you to raise funds
for Covered Entity.
If we are a group
health plan or health
insurance issuer
or HMO with respect
to a group health
plan, we may disclose
your personal health
information to be
sponsor of the plan.
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| Your
Rights With Respect to Your Personal
Health Information |
| Under
HIPAA, you have certain
rights with respect
to your personal health
information. The following
is a brief overview
of your rights and
our duties with respect
to enforcing those
rights. |
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| Right
to Request Restrictions On Use
Or Disclosure |
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You have the right
to request restrictions
on certain uses
and disclosures
of your personal
health information
about yourself.
You
may request restrictions
on the following
uses or disclosures:
(a)to carry out
treatment, payment,
or healthcare operations;
(b) disclosures
to family members,
relatives, or close
personal friends
of personal health
information directly
relevant to your
care or payment
related to your
health care, or
your location, general
condition, or death;
(c) instances in
which you are not
present or your
permission cannot
practicably be obtained
due to your incapacity
or an emergency
circumstance;
(d) permitting other
persons to act on
your behalf to pick
up filled prescriptions,
medical supplies,
X-rays, or other
similar forms of
personal health
information; or
(e) disclosure to
a public or private
entity authorized
by law or by its
charter to assist
in disaster relief
efforts.
While we are not
required to agree
to any requested
restriction, if
we agree to a restriction,
we are bound not
to use or disclose
your personal healthcare
information in violation
of such restriction,
except in certain
emergency situations.
We will not accept
a request to restrict
uses or disclosures
that are otherwise
required by law.
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| Right
to Receive Confidential Communications |
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You have the right
to receive confidential
communications of
your personal health
information. We
may require written
requests. We may
condition the provision
of confidential
communications on
you providing us
with information
as to how payment
will be handled
and specification
of an alternative
address or other
method of contact.
We may require
that a request contain
a statement that
disclosure of all
or a part of the
information to which
the request pertains
could endanger you.
We may not require
you to provide an
explanation of the
basis for your request
as a condition of
providing communications
to you on a confidential
basis. We must permit
you to request and
must accommodate
reasonable requests
by you to receive
communications of
personal health
information from
us by alternative
means or at alternative
locations.
If we are a health
care plan, we must
permit you to request
and must accommodate
reasonable requests
by you to receive
communications of
personal health
information from
us by alternative
means or at alternative
locations if you
clearly state that
the disclosure of
all or part of that
information could
endanger you.
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| Right
to Inspect and Copy Your Personal
Health Information |
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Your designated
record set is a
group of records
we maintain that
includes Medical
records and billing
records about you,
or enrollment, payment,
claims adjudication,
and case or medical
management records
systems, as applicable.
You have the right
of access in order
to inspect and obtain
a copy your personal
health information
contained in your
designated record
set, except for
(a) psychotherapy
notes,
(b) information
complied in reasonable
anticipation of,
or for use in, a
civil, criminal,
or administrative
action or proceeding,
and
(c) health information
maintained by us
to the extent to
which the provision
of access to you
would be prohibited
by law. We may require
written requests.
We must provide
you with access
to your personal
health information
in the form or format
requested by you,
if it is readily
producible in such
form or format,
or, if not, in a
readable hard copy
form or such other
form or format.
We may provide you
with a summary of
the personal health
information requested,
in lieu of providing
access to the personal
health information
or may provide an
explanation of the
personal health
information to which
access has been
provided, if you
agree in advance
to such a summary
or explanation and
agree to the fees
imposed for such
summary or explanation.
We will provide
you with access
as requested in
a timely manner,
including arranging
with you a convenient
time and place to
inspect or obtain
copies of your personal
health information
or mailing a copy
to you at your request.
We will discuss
the scope, format,
and other aspects
of your request
for access as necessary
to facilitate timely
access.
If you request a
copy of your personal
health information
or agree to a summary
or explanation of
such information,
we may charge a
reasonable cost-based
fee for copying,
postage, if you
request a mailing,
and the costs of
preparing an explanation
or summary as agreed
upon in advance.
We reserve the right
to deny you access
to and copies of
certain personal
health information
as permitted or
required by law.
We will reasonably
attempt to accommodate
any request for
personal health
information by,
to the extent possible,
giving you access
to other personal
health information
after excluding
the information
as to which we have
a ground to deny
access.
Upon denial of a
request for access
or request for information,
we will provide
you with a written
denial specifying
the legal basis
for denial, a statement
of your rights,
and a description
of how you may file
a complaint with
us. If we do not
maintain the information
that is the subject
of your request
for access but we
know where the requested
information is maintained,
we will inform you
of where to direct
your request for
access.
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| Right
to Amend Your Personal Health
Information |
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You have the right
to request that
we amend your personal
health information
or a record about
you contained in
your designated
record set, for
as long as the designated
record set is maintained
by us.
We
have the right to
deny your request
for amendment, if:
(a) we determine
that the information
or record that is
the subject of the
request was not
created by us, unless
you provide a reasonable
basis to believe
that the originator
of the information
is no longer available
to act on the requested
amendment,
(b) the information
is not part of your
designated record
set maintained by
us,
(c) the information
is prohibited from
inspection by law,
or
(d) the information
is accurate and
complete. We may
require that you
submit written requests
and provide a reason
to support the requested
amendment.
If we deny your
request, we will
provide you with
a written denial
stating the basis
of the denial, your
right to submit
a written statement
disagreeing with
the denial, and
a description of
how you may file
a complaint with
us or the Secretary
of the U.S. Department
of Health and Human
Services ("DHHS").
This denial will
also include a notice
that if you do not
submit a statement
of disagreement,
you may request
that we include
your request for
amendment and the
denial with any
future disclosures
of your personal
health information
that is the subject
of the requested
amendment.
Copies of all requests,
denials, and statements
of disagreement
will be included
in your designated
record set. If we
accept your request
for amendment, we
will make reasonable
efforts to inform
and provide the
amendment within
a reasonable time
to persons identified
by you as having
received personal
health information
of yours prior to
amendment and persons
that we know have
the personal health
information that
is the subject of
the amendment and
that may have relied,
or could foresee
ably rely, on such
information to your
detriment. All requests
for amendment shall
be sent to: Erika
Friesenhengst: P.O.
Box 936 Prestonsburg,
KY 41653.
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| Right
to Receive an Accounting of Disclosures
of Your Personal Health Information
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Beginning April
14, 2003, you have
the right to receive
a written accounting
of all disclosures
of your personal
health information
that we have made
within the six (6)
year period immediately
proceeding the date
on which the accounting
is requested. You
may request an accounting
of disclosures for
a period of time
less than six (6)
years from the date
of the request.
Such disclosures
will include the
date of each disclosure,
the name and, if
known, the address
of the entity or
person who received
the information,
a brief description
of the information
disclosed, and a
brief statement
of the purpose and
basis of the disclosure
or, in lieu of such
statement, a copy
of your written
authorization or
written request
for disclosure pertaining
to such information.
We
are not required
to provide accountings
of disclosures for
the following purposes:
(a) treatment, payment,
and healthcare operations,
(b) disclosures
pursuant to your
authorization,
(c) disclosures
to you, (d) for
a facility directory
or to persons involved
in your care,
(e) for national
security or intelligence
purposes, (f) to
correctional institutions,
and
(g) with respect
to disclosures occurring
prior to 4/14/03.
We reserve our right
to temporarily suspend
your right to receive
an accounting of
disclosures to health
oversight agencies
or law enforcement
officials, as required
by law.
We will provide
the first accounting
to you in any twelve
(12) month period
without charge,
but will impose
a reasonable cost-based
fee for responding
to each subsequent
request for accounting
within that same
twelve (12) month
period. All requests
for an accounting
shall be sent to:
Erika Friesenhengst:
P.O. Box 936 Prestonsburg,
KY 41653.
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You may file a
complaint with us
and with the Secretary
of DHHS if you believe
that your privacy
rights have been
violated.
You may submit
your complaint in
writing by mail
or electronically
to our privacy officer,
Erika Friesenhengst:
Highlands
Cancer Center
P.O. Box 936 Prestonsburg,
KY 41653 telephone
number 606-886-9999.
A complaint must
name Highlands
Cancer Center as
the subject of the
complaint and describe
the acts or omissions
believed to be in
violation of the
applicable requirements
of HIPAA or this
Privacy Policy.
A complaint must
be received by us
or filed with the
Secretary of DHHS
within 180 days
of when you knew
or should have known
that the act or
omission complained
of occurred. You
will not be retaliated
against for filing
any complaint.
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| Amendments
to this Privacy Policy |
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We reserve the
right to revise
or amend this Privacy
Policy at any time.
These revisions
or amendments may
be made effective
for all personal
health information
we maintain even
if created or received
prior to the effective
date of the revision
or amendment.
We will provide
you with notice
of any revisions
or amendments to
this Privacy Policy,
or changes in the
law affecting this
Privacy Notice,
by mail or electronically
within 60 days of
the effective date
of such revision,
amendment, or change.
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| On-going
Access to Privacy Policy |
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We will provide
you with a copy
of the most recent
version of this
Privacy Policy at
any time upon your
written request
sent to: Erika Friesenhengst:
P.O. Box 936 Prestonsburg,
KY 41653.
For any other requests
or for further information
regarding the privacy
of your personal
health information,
and for information
regarding the filing
of a complaint with
us, please contact
our privacy officer,
Erika Friesenhengst
at the address or
telephone number
listed above.
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