KC HEALTHCARE SERVICES, INC.
Excellence in the delivery of Personal Assistance Services
NOTICE OF PRIVACY PRACTICES FOR PROTECTED HEALTH INFORMATION
Use and Disclosure of Health Information
Agency may use your 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. Agency has established policies to guard against unnecessary disclosure of your health information.
Your health information may be used and disclosed for the following purposes:
To Provide Treatment. Agency may use your health information to coordinate care within the agency and with others involved in your care, such as, your attending physician, members of the interdisciplinary team, and other health care professionals who have agreed to assist the agency in coordinating care. For example, physicians involved in your care need information about you in order to prescribe appropriate medications and treatments. Agency also may disclose your health care information to individuals outside of the agency who are involved in your care, including family members, clergy whom you have designated, pharmacists, suppliers of medical equipment and/or other health care professionals that the agency uses in order to coordinate your care.
To Obtain Payment. Agency may include your health information on invoices to collect payment from third party payers for the care you receive from the agency. For example, 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. Agency also may need to obtain prior approval from your insurer and may need to explain to the insurer your need for care and the services that will be provided to you.
To Conduct Health Care Operations. Agency may use and disclose health care information for its own operations in order to facilitate the function of the agency and as necessary to provide quality care to all of Agency’s clients. Health care operations include such things 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
- Training programs, including those in which students, trainees, or practitioners in health care learn under supervision
- Training of volunteers and other non-healthcare 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
For Appointment Reminders. 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. Agency may use and disclose your health information to tell you about or recommend possible treatment options or alternatives.
Federal privacy rules allow Agency to use or disclose your health information without your consent or authorization for a number of reasons:
When Legally Required. 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. Agency may disclose your health information for public activities and purposes 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
- To report adverse events or product defects; to track products or enable product recalls, repairs, and replacements; to conduct post-marketing surveillance; and to monitor compliance with requirements of the Food and Drug Administration
- To notify a person who has been exposed to a communicable disease or who may be at risk of contracting or spreading a disease
- To notify an employer about an individual who is a member of the workforce, as legally required
To Report Abuse, Neglect, Exploitation, or Domestic Violence. Agency is allowed to notify government authorities if the agency believes a client is the victim of abuse, neglect, exploitation, or domestic violence. Agency will make this disclosure when specifically required or authorized by law or when the client agrees to the disclosure.
To Conduct Health Oversight Activities. 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. 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. 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.
For Law Enforcement Purposes. As permitted or required by State law, Agency may disclose your health information to a law enforcement official for 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, 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
- In an emergency in order to report a crime
To Coroners and Medical Examiners. 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. 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, Agency may disclose your health information prior to and in reasonable anticipation of your death.
For Organ, Eye, or Tissue Donation. 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. Agency may, under very select circumstances, use your health information for research. Before the agency discloses any of your health information for such research purposes, the project will be subject to an extensive approval process. Agency will request your written authorization before granting access to your individually identifiable health information.
In the Event of a Serious Threat to Health or Safety. Agency may, consistent with applicable law and ethical standards of conduct, disclose your health information if 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, 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 Worker’s Compensation. Agency may release your health information for worker’s compensation or similar programs.
Authorization to Use or Disclose Health Information
Other than stated above, 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.
Your Rights with Respect to Your Health Information
You have the following rights regarding your health information:
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 someone who is involved in your care or the payment of your care. 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 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. 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 Copy Your Health Information. You have the right to inspect and copy your health information including billing records. You have the right to see copies of your electronic health records and direct your records to be sent to a third party. A request to inspect and copy records containing your health information may be made to the Office Manager. If you request a copy of your health information, Agency may charge a reasonable fee for copying and assembling costs associated with your request.
Right to Amend Health Care Information. If you or your representative believes that your health information records are incorrect or incomplete, you may request that Agency amend the records. 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. 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 Agency for any reason other than for treatment, payment, or health operations. The request for an accounting must be made in writing to the Privacy Officer. The request should specify the time period for the accounting. Accounting requests may not be made for periods of time in excess of 3 years. 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 representatives have the right to a paper copy of this Notice at any time even if you or your representative have received this Notice previously. To obtain a separate paper copy, please contact the Privacy Officer at 281.238.0567 .
Duties of Agency
Agency is required by law to maintain the privacy of your health information and to provide to you and your representative the information in this Notice of its duties and privacy practices. Agency is required to abide by terms of this Notice as may be amended from time to time. 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 Agency changes its Notice, the agency will provide a copy of the revised Notice to you or your appointed representative. You or your personal representatives have the right to express complaints to the agency and to the Secretary of Health and Human Services if you or your representative believe that your privacy rights have been violated. Any complaints to the agency should be made in writing to the Privacy Officer. 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
Agency’s contact person for all issues regarding client privacy and your rights under the Federal privacy standards is the Privacy Officer: Chuka Orakpo phone: 281.238.0567 .
Effective Date
This Notice is effective: April 14. 2003