PRIVACY PRACTICES
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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 REVIEW IT CAREFULLY.
USE AND DISCLOSURE OF HEALTH INFORMATION
Visiting Nurse & Health Services of Connecticut, Inc. (the "Agency")
may use your health information, information that constitutes protected
health information as defined in the Privacy Rule of the Administrative
Simplification provisions of the Health Insurance Portability and Accountability
Act of 1996, for purposes of providing you treatment, obtaining payment
for your care and conducting health care operations. The Agency has established
policies to guard against unnecessary disclosure of your health information.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES
FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED:
To Provide Treatment. The Agency may use your health information
to coordinate care within the Agency and with others involved in your care,
such as your attending physician and other health care professionals who
have agreed to assist the Agency in coordinating care. For example, physicians
involved in your care will need information about your symptoms in order
to prescribe appropriate medications. The Agency also may disclose your
health care information to individuals outside of the Agency involved in
your care including family members, pharmacists, suppliers of medical equipment
or other health care professionals.
To Obtain Payment. The Agency may include your health information
in invoices to collect payment from third parties for the care you receive
from the Agency. For example, the Agency may be required by your health
insurer to provide information regarding your health care status so that
the insurer will reimburse you or the Agency. The Agency also may need to
obtain prior approval from your insurer and may need to explain to the insurer
your need for home care and the services that will be provided to you. If
your health insurance does not provide full payment, we may bill services
to grants and town funds.
To Conduct Health Care Operations. The Agency may use and
disclose health information for its own operations in order to facilitate
the function of the Agency and as necessary to provide quality care to all
of the Agency ‘s patients. Health care operations includes such activities
as:
- Quality assessment and improvement activities.
- Activities designed to improve health or reduce health care costs.
- Protocol development, case management and care coordination.
- Contacting health care providers and patients with information about
treatment alternatives and other related functions that do not include
treatment.
- Professional review and performance evaluation.
- Training programs including those in which students, trainees or practitioners
in health care learn under supervision.
- Training of non-health care professionals.
- Accreditation, certification, licensing or credentialing activities.
- Review and auditing, including compliance reviews, medical reviews,
legal services and compliance programs.
- Business planning and development including cost management and planning
related analyses and formulary development.
- Business management and general administrative activities of the Agency.
- Fundraising for the benefit of the Agency and certain marketing activities.
For example the Agency may use your health information to evaluate its staff
performance, combine your health information with other Agency patients
in evaluating how to more effectively serve all Agency patients, and disclose
your health information to Agency staff and contracted personnel for training
purposes.
For Fundraising Activities. The Agency may use information about
you including your name, address, phone number and the dates you received
care in order to contact you to raise money for the Agency. The Agency may
also release this information to a related Agency foundation. If you do
not want the Agency to contact you for fundraising purposes, notify the
Director of Community Development at (860) 872-9163, extension 3051, and
indicate that you do not wish to be contacted.
For Appointment Reminders. The Agency may use and disclose
your health information to contact you as a reminder that you have an appointment
for a home visit.
For Treatment Alternatives. The Agency may use and disclose your
health information to tell you about or recommend possible treatment options
or alternatives that may be of interest to you or tell you about health
related benefits, services or medical education classes that may be of interest
to you.
Business Associates. There may be some services provided by
our business associates, such as a billing service, transcription company
or legal or accounting consultants. We may disclose your protected health
information to our business associate so that they can perform the job we
have asked them to do. To protect your health information, we require our
business associates to enter into a written contract that requires them
to appropriately safeguard your information. Individuals Involved in Your
Care or Payment of Your Care. Unless you object, we may disclose your protected
health information to a family member, a relative, a close friend or any
other person you identify, if the information relates to the person’s
involvement in your health care, to notify the person of your location or
general condition or payment related to your health care. In addition, we
may disclose your protected health information to a public or private entity
authorized by law to assist in a disaster relief effort. If you are unable
to agree or object to such a disclosure we may disclose such information
if we determine that it is in your best interest based on our professional
judgment or if we reasonably infer that you would not object.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER WHICH AND PURPOSES
FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED WITHOUT FIRST
RECEIVING YOUR PERMISSION.
When Legally Required. The Agency will disclose your health information
when it is required to do so by any Federal, State or local law.
When There Are Risks to Public Health. The Agency may disclose your
health information for public activities and purposes to a public health
authority authorized by law to receive such information in order to:
- Prevent or control disease, injury or disability, report disease,
injury, vital events such as birth or death and the conduct of public
health surveillance, investigations and interventions.
- Report adverse events, product defects, to track products or enable
product recalls, repairs and replacements and to conduct post-marketing
surveillance and compliance with requirements of the Food and Drug Administration.
- Notify a person who has been exposed to a communicable disease or
who may be at risk of contracting or spreading a disease.
- Notify an employer about an individual who is a member of the workforce
as legally required.
To Report Abuse, Neglect Or Domestic Violence. The Agency
is allowed to notify government authorities if the Agency believes a patient
is the victim of abuse, neglect or domestic violence. The Agency will make
this disclosure only when specifically required or authorized by law or
when the patient agrees to the disclosure.
To Conduct Health Oversight Activities. The Agency may disclose
your health information to a health oversight agency for activities including
audits, civil administrative or criminal investigations, inspections, licensure
or disciplinary action. The Agency, however, may not disclose your health
information if you are the subject of an investigation and your health information
is not directly related to your receipt of health care or public benefits.
In Connection With Judicial And Administrative Proceedings.
The Agency may disclose your health information in the course of any judicial
or administrative proceeding in response to an order of a court or administrative
tribunal as expressly authorized by such order or in response to a subpoena,
discovery request or other lawful process, but only when the Agency is permitted
by law to disclose.
For Law Enforcement Purposes. As permitted or required by State
law, the Agency may disclose your health information to a law enforcement
official for certain law enforcement purposes as follows:
- As required by law for reporting of certain types of wounds or other
physical injuries pursuant to the court order, warrant, subpoena or
summons or similar process.
- For the purpose of identifying or locating a suspect, fugitive, material
witness or missing person.
- Under certain limited circumstances, when you are the victim of a
crime.
- To a law enforcement official if the Agency has a suspicion that your
death was the result of criminal conduct including criminal conduct
at the Agency.
- In an emergency in order to report a crime.
To Coroners And Medical Examiners. The Agency may disclose
your health information to coroners and medical examiners for purposes of
determining your cause of death or for other duties, as authorized by law.
To Funeral Directors. The Agency may disclose your health information
to funeral directors consistent with applicable law and if necessary, to
carry out their duties with respect to your funeral arrangements. If necessary
to carry out their duties, the Agency may disclose your health information
prior to and in reasonable anticipation of your death.
For Organ, Eye Or Tissue Donation. The Agency may use or disclose
your health information to organ procurement organizations or other entities
engaged in the procurement, banking or transplantation of organs, eyes or
tissue for the purpose of facilitating the donation and transplantation.
For Research Purposes. The Agency may use your health information
for research purposes if you have authorized such use or if such a use is
approved by an Institutional Review Board or a Privacy Board. Before the
Agency discloses any of your health information for such research purposes,
the project will be subject to an approval process.
To Avert A Serious Threat To Health Or Safety. The Agency may, consistent
with applicable law and ethical standards of conduct, disclose your health
information if the Agency, in good faith, believes that such 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.
For Specified Government Functions. In certain circumstances, the
Federal regulations authorize the Agency to use or disclose your health
information to facilitate specified government functions relating to military
and veterans, national security and intelligence activities, protective
services for the President and others, medical suitability determinations
and inmates and law enforcement custody.
For Workers’ Compensation. The Agency may release your health
information for workers’ compensation or similar programs.
AUTHORIZATION TO USE OR DISCLOSE HEALTH INFORMATION Other
than is stated above or as permitted or required by Connecticut or Federal
law, the Agency will not disclose your health information other than with
your written authorization. If you or your representative authorizes the
Agency to use or disclose your health information, you may revoke that authorization
in writing at any time. If you revoke your authorization, we will no longer
use or disclose your protected health information for the purposes covered
by the authorization, except where we have already relied on the authorization.
Special Rules Regarding Disclosure of Mental Health, Substance Abuse, HIV-Related
Information, Information of Minors, Psychotherapy Notes and Marketing.
For disclosures concerning protected health information relating to care
for mental health conditions, substance abuse or HIV-related testing and
treatment, special restrictions may apply. For example, we generally may
not disclose this specially protected information is response to a subpoena,
warrant or other legal process unless you sign a special Authorization or
a court orders the disclosure.
Mental health information. Certain mental health information may
be disclosed for treatment, payment and health care operations as permitted
or required by law. Otherwise, we will only disclose such information pursuant
to an authorization, court order or as otherwise required by law. For example,
all communications between you and a psychologist, psychiatrist, social
worker and certain therapists and counselors will be privileged and confidential
in accordance with Connecticut and Federal law.
Substance abuse treatment information. If you are treated
in a specialized substance abuse program, the confidentiality of alcohol
and drug abuse patient records is protected by Federal law and regulations.
Generally, we may not say to a person outside the program that you attend
the program, or disclose any information identifying you as an alcohol or
drug abuser, unless:
- You consent in writing;
- The disclosure is allowed by a court order; or
- The disclosure is made to medical personnel in a medical emergency
or to qualified personnel for research, audit, or program evaluation.
Violation of these Federal laws and regulations by us is a crime. Suspected
violations may be reported to appropriate authorities in accordance with
Federal regulations. Federal law and regulations do not protect any information
about a crime committed by a patient either at the substance abuse program
or against any person who works for the program or about any threat to commit
such a crime. Federal laws and regulations do not protect any information
about suspected child abuse or neglect from being reported under State law
to appropriate State or local authorities.
HIV-related information. We may disclose HIV-related information
as permitted or required by Connecticut law. For example, your HIV-related
information, if any, may be disclosed without your authorization for treatment
purposes, certain health oversight activities, pursuant to a court order,
or in the event of certain exposures to HIV by personnel of ours, another
person, or a known partner.
Minors. We will comply with Connecticut law when using or
disclosing protected health information of minors. For example, if you are
an unemancipated minor consenting to a health care service related to HIV/AIDS,
venereal disease, abortion, outpatient mental health treatment or alcohol/drug
dependence, and you have not requested that another person be treated as
a personal representative, you may have the authority to consent to the
use and disclosure of your health information.
Psychotherapy Notes. A signed authorization or court
order is required for any use or disclosure of psychotherapy notes, except
to carry out certain treatment, payment, or health care operations and for
use by us for treatment, for training programs, or for defense in a legal
action.
Marketing. A signed authorization is required for the use
or disclosure of your protected health information for a purpose that encourages
you to purchase or use a product or service except for certain limited circumstances
such as when the marketing communication is face-to-face or when marketing
includes the distribution of a promotional gift of nominal value provided
by us.
YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION
You have the following rights regarding your health information that the
Agency maintains:
- Right to request restrictions. You may request restrictions
on certain uses and disclosures of your health information. You have
the right to request a limit on the Agency’s disclosure of your
health information to carry out treatment, payment of health care operations
or to someone who is involved in your care or the payment of your care.
However, the Agency is not required to agree to your request. If you
wish to make a request for restrictions, please contact the Privacy
Officer.
- Right to receive confidential communications. You have
the right to request that the Agency communicate with you in a certain
way. For example, you may ask that the Agency only conduct communications
pertaining to your health information with you privately with no other
family members present. If you wish to receive confidential communications,
please contact the Privacy Officer. The Agency will not request that
you provide any reasons for your request and will attempt to honor your
reasonable requests for confidential communications.
- Right to inspect and obtain a copy of your health information.
You have the right to inspect and obtain a copy of your health information,
including billing records for as long as such records are maintained
by the Agency. A request to inspect and obtain a copy of records containing
your health information may be made to the Privacy Officer. If you request
a copy of your health information, the Agency may charge a reasonable
fee for copying and assembling costs associated with your request. We
may deny, in whole or in part, your request to access, inspect and copy
your protected health information under certain limited circumstances.
If we deny your request, we will provide you a written explanation of
the reason for the denial. You may have the right to have this denial
reviewed by an independent health care professional designated by us
to act as a reviewing official.
- Right to amend health care information. You or your
representative have the right to request that the Agency amend your
records for as long as the Agency maintains your records, if you believe
that your health information is incorrect or incomplete. That request
may be made as long as the information is maintained by the Agency.
A request for an amendment of records must be made in writing to the
Privacy Officer. The Agency may deny the request if it is not in writing
or does not include a reason for the amendment. The request also may
be denied if your health information records were not created by the
Agency, if the records you are requesting are not part of the Agency‘s
records, if the health information you wish to amend is not part of
the health information you or your representative are permitted to inspect
and copy, or if, in the opinion of the Agency, the records containing
your health information are accurate and complete.
- Right to an accounting. You or your representative
have the right to request an accounting of disclosures of your health
information made by the Agency for any reason other than for treatment,
payment or health care operations to you or made pursuant to an authorization.
The request for an accounting must be made in writing to the Privacy
Officer. The request should specify the time period for the accounting
starting on or after April 14, 2003. Accounting requests may not be
made for periods of time in excess of six (6) years. The Agency 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.
- Right to a paper copy of this notice. You or your representative
have a right to a separate paper copy of this Notice at any time even
if you or your representative have received this Notice previously.
To obtain a paper copy, please contact the Privacy Officer . The patient
or a patient’s representative may also obtain a copy of the current
version of the Agency’s Notice of Privacy Practices at its web
site, www.vnhsc.org.
DUTIES OF THE AGENCY The Agency is required by law to maintain
the privacy of your health information and to provide to you and your representative
this Notice of its duties and privacy practices. The Agency is required
to abide by the terms of this Notice as may be amended from time to time.
The Agency reserves the right to change the terms of its Notice and to make
the new Notice provisions effective for all health information that it maintains.
If the Agency changes its Notice, you will not automatically receive a revised
Notice. If you would like to receive a copy of any revised Notice you should
access our web site at www.vnhsc.org, contact us or ask the next time we
provide services to you. You or your personal representative have the right
to express complaints to the Agency and to the Secretary of the United States
department of Health and Human Services if you or your representative believe
that your privacy rights have been violated. Please make complaints to the
Agency in writing to the Privacy Officer. The Agency encourages you to express
any concerns you may have regarding the privacy of your information. You
will not be retaliated against in any way for filing a complaint.
CONTACT PERSON The Agency has designated the Privacy Officer as
its contact person for all issues regarding patient privacy and your rights
under the Federal privacy standards.
IF YOU HAVE ANY QUESTIONS REGARDING THIS NOTICE, PLEASE CONTACT the Privacy
Officer: Kathleen LaChance, RN, BSN, at (860) 872-9163, extension 8084.
EFFECTIVE DATE
This Notice is effective April 14, 2003.
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