NOTICE OF PRIVACY PRACTICES

Mayview Convalescent Center

 [164.520]

EFFECTIVE DATE: April 14, 2003

 [164.520(b)(1)(viii)]

 

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.

 [164.520(b)(1)(i) – these exact words required]

 

 

WHO WILL FOLLOW THIS NOTICE

 

This notice describes the privacy practices at Mayview Convalescent Center. Unless other information is provided to you by them, it also includes the practices for patients at this location of:

Ø       All departments and employees of Mayview

Ø       The medical director

Ø       The pharmacy

Ø       The rehabilitative services provider

Ø       Any volunteer that we allow to help you and who has access to protected health information

Ø       Any independent health care professional who treats or cares for patients at Mayview and who enters information into your medical record

Ø       Any vendors or independent contractors who have access to protected health information

Ø       Any students or trainees who have access to protected health information

 

The above listed persons and entities follow the terms of this notice. In addition, they may share medical information with each other for your treatment, payment, operations purposes, and the purposes described in this notice.[164.506 + 164.520(d)(2)(iii) - OHCA]

 

MEDICAL INFORMATION TO WHICH THIS NOTICE APPLIES

 

This notice applies to all of the records of your care and billing for care that are created at Mayview, whether made by employees, your personal physician, or other independent health care professional. These records are the physical property of and are owned by Mayview. Your personal physician or other independent health care professional treating you may have different policies regarding confidentiality and disclosure of your medical information that is created in their office or locations other than Mayview.

 

WHAT THIS NOTICE DOES[164.520(b)(1)(v)]

 

This notice will tell you about the ways in which the people listed above may use and disclose medical information about you at Mayview. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information at Mayview. We are required by law to:

Ø       make sure that medical information that identifies you is kept private;

Ø       give you this notice of our legal duties and privacy practices at Mayview with respect to medical information about you; and

Ø       follow the terms of the notice that is currently in effect.

 

HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU

 [164.502(i) + 164.520(a)(1) + 164.520(b)(1)(ii)]

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.

Ø       For Treatment.  We may use medical information about you to provide you with medical treatment or services. We may disclose medical information about you, to persons who are involved in taking care of you at Mayview, such as employees, independent doctors and other independent health care professionals, and students and faculty who are participating in clinical teaching experiences at Mayview. For example, a doctor treating you for a broken hip may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to tell the dietitian if you have diabetes so that we can arrange for appropriate meals. Also we may call your family member and leave a message that your condition has changed. Different departments may also share medical information about you in order to coordinate what you need, such as therapy, lab work and activities. We also may need to disclose medical information about you to people outside Mayview who may be involved in your medical care before, during or after you leave Mayview, such as family members, or others who provide services, such as hospitals, therapists, or medical specialists, that are part of your care. We may provide, without your consent, medical information about you in connection with any transfer of you to obtain health care elsewhere. We will otherwise only disclose medical information about you to people outside Mayview, who are not currently involved in your care at Mayview, with your consent, except for disclosures that are required or permitted by law.

Ø       For Payment.  We may need to use and disclose medical information about you so that the treatment and services you receive at Mayview or as given by other providers may be billed to and payment may be collected from you, Medicare and Medicaid, an insurance company/ health plan, or a third party. For example, we may need to give Medicare or Medicaid information about lab work or therapy you received at Mayview so that Medicare or Medicaid will pay us or reimburse you for the lab work or therapy. We are permitted by law to disclose the amount of medical information necessary for us to obtain payment for the care and services provided to you. Our disclosure of medical information for the purpose of obtaining payment for the care and services provided to you, may also include our giving information to your family members who are involved in your care, insureds on your policy or help pay for your care.

Ø       For Health Care Operations.  We may use and disclose medical information about you for Mayview operations. These uses and disclosures are necessary to run Mayview and make sure that all of our patients receive quality care. For example, we may use medical information to review our treatment and services and to evaluate the qualifications and performance of our staff in caring for you. We may also combine medical information about many Mayview patients to decide what additional services we should offer, what services are not needed, and whether improvements can be made. We may also disclose information to employees, independent doctors and other independent health care professionals, and students and faculty who are participating in clinical teaching experiences at Mayview for review and learning purposes. We will only disclose, with your consent, medical information about you that identifies you to people outside Mayview, who are not currently involved in your care, except for disclosures that are required or permitted by law.

Ø       Treatment Alternatives.  We may use and disclose medical information to tell you about or recommend different ways to treat you.

Ø       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.

Ø       Fundraising Activities.  We will not share information about you with people or organizations that are involved in general fund-raising activities.

Ø       Facility Directory.  Unless you tell us otherwise, we will include certain limited information about you in the Mayview directory while you are a patient. This information will include your name and room number. This directory information will be posted in the building and in paper roster form for use by facility staff. In addition, your name will be visible at the door to your room, on the cover of your medical chart at the nurse’s station, and probably at other locations in the facility. The directory information is available so that your family, friends and clergy can visit you at Mayview. If you choose not to be listed on the directory[164.510(a) – not required because name/room not protected], then we may not be able to acknowledge that you are at Mayview to your family, friends, clergy or delivery people. If you do not want to be listed, you must notify the Admissions Director in writing or indicate your choice to the Admissions Director at the time of admission.

Ø       Individuals Involved in Your Care.  We may disclose medical information about you to a friend or family member who is involved in your medical care, unless you are able to and object. In addition, we may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status, and location. You can object to these disclosures by telling us that you do not wish any or all individuals involved in your care to receive this information. If you cannot agree or you object, we will use our professional judgment to decide whether it is in your best interest to disclose relevant information to someone who is involved in your care or to an entity assisting in a disaster relief effort.

Ø       Research.  Under rare circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health and recovery of all patients who received one medication to those who received another for the same condition. All research projects, however, will require your written consent if the researchers will know who you are. Medical information about you that has had identifying information removed may be used for research without your consent.

Ø       As Required By Law.  We will disclose medical information about you when required to do so by federal, state, or local law.

Ø       To Avert a Serious Threat to Health or Safety.  We may use and disclose medical information about you when 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 and limited to the information needed.

 

SPECIAL SITUATIONS

 

Ø       Organ and Tissue Donation.  If you are an organ or tissue donor, we are required by law to provide medical information about you to the person or entity who receives the organ or tissue donation.

Ø       Public Health Risks.  We may disclose, without your consent, medical information about you for public health activities. These activities generally include the following:

·         to prevent or control disease, injury, or disability;

·         to report cancer, deaths or other items required to be reported;

·         to report suspected abuse or neglect as required by law;

·         to report reactions to medications or problems with products;

·         to notify people of recalls of products they may be using; and

·         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.

Ø       Surveys and Other Health Oversight Activities.  We may disclose, without your consent, medical information to a health oversight agency when 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 applicable laws. The Department of Health and Human Services has authority to inspect nursing homes and to review any records of the current or former patients of the nursing home unless you object in writing to review of your records. The state ombudsman can review your records with your consent or the consent of your legal representative. Some professional licensing boards, such as the board that governs licensing of physicians, have the right to review your records when investigating a particular physician.

Ø       Lawsuits and Disputes.  If you are involved in a lawsuit or a dispute, we must disclose medical information about you in response to a court or administrative order. We also may disclose medical information about you in response to a subpoena or other lawful process from someone involved in a dispute by furnishing your medical records or information under seal to the court. The copies of your medical record under seal may only be opened by the judge, the parties to the case, or their attorneys unless a judge orders otherwise.

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