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Children's
Bureau, INC.
PRIVACY NOTICE (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.
I.
OUR PLEDGE TO YOU. Your health information
-- which means any written or oral information
that we create or receive that describes your
health condition, treatment or payments -- is
personal. Therefore, we pledge to protect your
health information as required by law. We give
you this Privacy Notice to tell you (1) how we
will use and disclose your "protected"
health information, or "PHI" and (2)
how you can exercise certain individual rights
related to your PHI as one of our patients. Please
note that if any of your PHI qualifies as mental
health, alcohol and drug treatment, communicable
disease or genetic test records, we will safeguard
it as "Special PHI" that will be disclosed
only with a valid court order or your prior express
written authorization.
II. HOW WE WILL USE AND DISCLOSE YOUR PHI
(A) To Provide
Treatment. We may use and disclose your PHI
to provide, coordinate, or manage your health
care and any related services. This includes the
management or coordination of your health status
and care with another health care provider. For
example, we may disclose your PHI to a pharmacy
to fill a prescription, or to a laboratory to
order a blood test. We may also disclose your
PHI to another physician who may be treating you
or consulting with us regarding your care.
(B) To Obtain
Payment. We may also use and disclose your
PHI, as needed, to obtain payment for services
that we provide to you. This may include certain
communications to your health insurer or health
plan to confirm (1) your eligibility for health
benefits, (2) the medical necessity of a particular
service or procedure, or (3) any prior authorization
or utilization review requirements. We may also
disclose your PHI to another provider involved
in your care for the other provider's payment
activities. For example, this may include disclosure
of demographic information to another health care
provider who is involved in your care, or to a
hospital where you were recently hospitalized,
for payment purposes.
(C) To Perform
Health Care Operations. We may also use or
disclose your PHI, as necessary, to carry on our
day-to-day health care operations, and to provide
quality care to all of our patients, but only
on a "need to know" basis. These health
care operations may include such activities as:
quality improvement; physician and employee reviews;
health professional training programs, including
those in which students, trainees, or practitioners
in health care learn under supervision; accreditation;
certification; licensing or credentialing activities;
compliance reviews and audits; defending a legal
or administrative claim; business management development;
and other administrative activities. In certain
situations, we may also disclose you PHI to another
health care provider or health plan to conduct
their own particular health care operation requirements.
(D) To Contact
You. To support our treatment, payment and
health care operations, we may also contact you,
either by telephone or mail, from time to time
(1) to remind you of an upcoming appointment date,
(2) to inform you of potential treatment alternatives
or options, or (3) to inform you of health-related
benefits or services that may be of interest to
you, unless you ask us, in writing, to use alternative
means to communicate with you regarding these
matters following your initial visit with us.
(E) To Be In
Contact With Your Family or Friends. Additionally,
we may also disclose certain of your PHI to your
family member or other relative, a close personal
friend, or any other person identified by you
from time to time, but only if the PHI is directly
related (1) to the person's involvement in your
treatment or related payments, or (2) to notify
the person of your physical location or a sudden
change in your condition, while receiving treatment
at our office. Although you have a right to request
reasonable restrictions on these disclosures,
we will only be able to grant those restrictions
that are reasonable and not too difficult to administer,
none of which would apply in the case of an emergency.
(F) To Conduct
Research. Under certain circumstances, we
may use and disclose certain of your PHI for research
purposes, but only if the research is subject
to special approval procedures and the necessary
rules governing uses and disclosures are agreed
to by the researchers. For example, a research
project may compare two different medications
used to treat a particular condition in two different
groups of patients by comparing the patients'
health and recovery in one group with the second
group.
(G) According
to Laws That Require or Permit Disclosure.
We may disclose your PHI when we are required
or permitted to do so by any federal, state or
local law, as follows:
When
There Are Risks to Public Health. We may
disclose your PHI to (1) report disease, injury
or disability; (2) report vital events such
as births and deaths; (3) conduct public health
activities; (4) collect and track FDA-related
events and defects; (5) notify appropriate
persons regarding communicable disease concerns;
or (6) inform employers about particular workforce
issues.
To Report Suspended Abuse, Neglect Or Domestic
Violence. We may notify government authorities
if we believe that a patient is the victim
of abuse, neglect or domestic violence, but
only when specifically required or authorized
by law or when the patient agrees to the disclosure.
To Conduct Health Oversight Activities.
We may disclose your PHI to a health oversight
agency for activities including audits; civil,
administrative, or criminal investigations,
proceedings, or actions; inspections; licensure
or disciplinary actions; or other activities
necessary for appropriate oversight, but we
will not disclose your PHI if you are the
subject of an investigation and your PHI is
not directly related to your receipt of health
care or public benefits.
In Connection With Judicial and Administrative
Proceedings. We may disclose your PHI
in the course of any judicial or administrative
proceeding in response to an order of a court
or administrative tribunal. In certain circumstances,
we may disclose your PHI in response to a
subpoena if we receive satisfactory assurances
that you have been notified of the request
or that an effort was made to secure a protective
order.
For Law Enforcement Purposes. We may disclose
your PHI to a law enforcement official to,
among other things, (1) report certain types
of wounds or physical injuries, (2) identify
or locate certain individuals, (3) report
limited information if you are the victim
of a crime or if your health care was the
result of criminal activity, but only to the
extent required or permitted by law.
To
Coroners, Funeral Directors, and for Organ
Donation. We may disclose PHI to a coroner
or medical examiner for identification purposes,
to determine cause of death or for the coroner
or medical examiner to perform other duties.
We may also disclose PHI to a funeral director
in order to permit the funeral director to
carry out their duties. PHI may also be disclosed
for organ, eye or tissue donation purposes.
In the Event of a Serious Threat to Health
or Safety, or For Specific Government Functions.
We may, consistent with applicable law and
ethical standards of conduct, use or disclose
your PHI if we believe, in good faith, that
such use or disclosure is necessary to prevent
or lessen a serious and imminent threat to
your health or safety or to the health and
safety of the public, or for certain other
specified government functions permitted by
law.
For Worker's Compensation. We may disclose
your PHI to comply with worker's compensation
laws or similar programs. |
(H) With Your
Prior Express Written Authorization. Other
than as stated above, we will not disclose your
PHI, or more importantly, your Special PHI, without
first obtaining your express written authorization.
Please note that you may revoke your authorization
in writing at any time except to the extent that
we have taken action in reliance upon the authorization.
III.
YOUR INDIVIDUAL RIGHTS CONCERNING YOUR PHI
(A) The Right
to Inspect and Copy Your PHI. You may inspect
and obtain a copy of your PHI that we have created
or received as we provide your treatment or obtain
payment for your treatment. Under federal law,
however, you may not inspect or copy the following
records: psychotherapy notes; information compiled
in reasonable anticipation of, or for use in,
a civil, criminal, or administrative action or
proceeding; and PHI that is subject to a law prohibiting
access. Depending on the circumstances, you may
have the right to request a second review if our
Privacy Officer denies your request to access
your PHI. Please note that you may not inspect
or copy your PHI if your physician believes that
the access requested is likely to endanger your
life or safety or that of another person, or if
it is likely to cause substantial harm to another
person referenced within the information. As before,
you have the right to request a second review
of this decision. To inspect and copy your PHI,
you must submit a written request to the Privacy
Officer. We may charge you a fee for the reasonable
costs that we incur in processing your request.
(B) The Right
to Request Restrictions on How We Use and Disclose
Your PHI. You may ask us (1) not to use or
disclose certain parts of your PHI for the purposes
of treatment, payment or health care operations,
(2) not to disclose your PHI to certain family
members or friends who may be involved in your
care or for other notification purposes described
in this Privacy Notice, or (3) to communicate
with you regarding upcoming appointments, treatment
alternatives and the like by contacting you at
a telephone number or address other than at home.
To request one of these restrictions, please complete
the appropriate section(s) on last page of this
Privacy Notice, sign it, and give it to your physician
or nurse. Please note that we are only required
to agree to those restrictions that are reasonable
and which are not too difficult for us to administer.
We will notify you if we deny any part of your
request, but if we are able to agree to a particular
restriction, we will communicate and comply with
your request, except in the case of an emergency.
Under certain circumstances, we may choose to
terminate our agreement to a restriction if it
becomes to burdensome to carry out. Finally, please
note that it is your obligation to notify us if
you wish to change or update these restrictions
after your visit by contacting the Privacy Officer
directly.
(C) The Right
to Request Amendments To Your PHI. You may
request that your PHI be amended so long as it
is a part of our designated record set. All such
requests must be in writing and directed to our
Privacy Officer. In certain cases, we may deny
your request for an amendment. If we deny your
request for amendment, you have the right to file
a statement of disagreement with us and we may
respond to your statement in writing and provide
you with a copy.
(D) The Right to
Receive an Accounting. You have the right
to request an accounting of those disclosures
of your PHI that we have made for reasons other
than those for treatment, payment and health care
operations, which are specified in Section III(A-C)
above. The accounting is not required to report
PHI disclosures (1) to those family, friends and
other persons involved in your treatment or payment,
(2) that you otherwise requested in writing, (3)
that you agreed to by signing an authorization
form, or (4) that we are otherwise required or
permitted to make by law. As before, your request
must be made in writing to our Privacy Officer.
The request should specify the time period, but
please note that we are not required to provide
an accounting for disclosures that take place
prior to April 14, 2003. Accounting requests may
not be made for periods of time in excess of six
years. We will provide the first accounting you
request during any 12-month period without charge.
Subsequent accounting requests may be subject
to a reasonable cost-based fee.
(E) The Right
to File A Complaint. You have the right to
contact our Privacy Officer at any time if you
have questions, comments or complaints about our
privacy practices or if you believe we have violated
your privacy rights. You also have the right to
contact the Department of Health and Human Services
in Baltimore, Maryland regarding these privacy
matters, particularly if you do not believe that
we have been responsive to your concerns. We urge
you to contact our Privacy Officer if you have
any questions, comments or complaints, either
in writing or by telephone. The contact information
for our Privacy Officer is as follows:
Terri
Cundiff, Privacy Officer
Children's Bureau, INC.
615 North Alabama
Suite 426
Indianapolis, IN 46204
(317) 264-2700
Please note that we will not take any action,
or otherwise retaliate, against you in any way
as a result of your communications to our Privacy
Officer or to the Department of Health and Human
Services. As always, please feel free contact
us. We look forward to serving you as one of our
patients. Thank you very much.
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