PRIVACY
NOTICE
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.
This Privacy Notice is being provided to you as
a requirement of a federal law, the Health Insurance Portability
and Accountability Act (HIPAA). This Privacy Notice describes
how we may use and disclose your protected health information
to carry out treatment, payment or health care operations and
for other purposes that are permitted or required by law. It also
describes your rights to access and control your protected health
information in some cases. Your “protected health information”
means any written and oral health information about you, including
demographic data that can be used to identify you. This is health
information that is created or received by your health care provider,
and that relates to your past, present or future physical or mental
health or condition.
I. Uses and Disclosures of Protected Health
Information
The Center may use your protected health information
for purposes of providing treatment, obtaining payment for treatment,
and conducting health care operations. Your protected health information
may be used or disclosed only for these purposes unless our facility
has obtained your authorization or the use or disclosure is otherwise
permitted by the HIPAA privacy regulations or state law. Disclosures
of your protected health information for the purposes described
in this Privacy Notice may be made in writing, orally, or by facsimile.
- Treatment.
We will use and disclose your protected health information
to provide, coordinate, or manage your health care and any
related services. This includes the coordination or management
of your health care with a third party for treatment purposes.
For example, we may disclose your protected health information
to a pharmacy to fill a prescription or to a laboratory to
order a blood test. We may disclose protected health information
to physicians who may be treating you or consulting with the
facility with respect to your care. In some cases, we may
disclose your protected health information to an outside treatment
provider for purposes of the treatment activities of the other
provider.
- Payment.
Your protected health information will be used, as needed,
to obtain payment for the services that we provide. This may
include certain communications to your health insurance company
to get approval for the procedure we have scheduled. For example,
we may need to disclose information to your health insurance
company to get prior approval for the surgery. We may also
disclose protected health information to your health insurance
company to determine whether you are eligible for benefits
or whether a particular service is covered under your health
plan. In order to get payment for the services we provide
to you, we may need to disclose your protected health information
to your health insurance company to demonstrate the medical
necessity of the services or, as required by your insurance
company, for utilization review. We may disclose patient information
to another provider involved in your care for the other provider’s
payment activities. This may include disclosure of demographic
information to anesthesia care providers for payment of their
services.
- Operations.
We may use or disclose your protected health information,
as necessary, for our own health care operations to facilitate
the function of the Center and to provide quality care to
all patients. Health care operations include such activities
as: quality assessment and improvement activities, employee
review activities, training programs including those in which
students, trainees, or practitioners in health care learn
under supervision, accreditation, certification, licensing
or credentialing activities, review and auditing, including
compliance reviews, medical reviews, legal services and maintaining
compliance programs, and business management and general administrative
activities. In certain situations, we may disclose patient
information to another provider or health plan for their health
care operations.
Other Uses and Disclosures. As part of
treatment, payment and health care operations, we may use or disclose
your protected health information for the following purposes:
to remind you of your surgery date, to inform you of potential
treatment alternatives or options, to inform you of health-
related benefits or services that may be of interest to you or
to make a post operative phone call to check your condition the
day after your surgery.
II. Uses and Disclosures Beyond Treatment, Payment, and
Health Care Operations Permitted Without Authorization or Opportunity
to Object
Federal privacy rules allow us to use or disclose your protected
health information without your permission or authorization for
a number of reasons including the following:
- When
Legally Required. We will disclose your protected
health information when we are required to do so by any federal,
state, or local law.
- When
There are Risks to Public Health. We may disclose
your
protected health information for the following public activities
and purposes:
· To prevent, control, or report disease, injury, or
disability as permitted by law.
· To report vital events such as birth or death as
permitted or required by law.
· To conduct public health surveillance, investigations,
and interventions as permitted or required by law.
· To collect or report adverse events and product defects,
track FDA regulated products, enable product recalls, repairs,
or replacements to the FDA and to conduct post marketing surveillance.
· To notify a person who has been exposed to a communicable
disease or who may be at risk of contacting or spreading a
disease as authorized by law.
· To report to an employer information about an individual
who is a member of the workforce as legally permitted or required.
- To
Report Suspended Abuse, Neglect Or Domestic Violence.
We may notify government authorities if we believe a patient
is the victim of abuse, neglect, or domestic violence. We
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. We may disclose
your protected health information 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 as authorized by law. We will not
disclose your health information under this authority 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.
We may disclose your protected 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. In certain circumstances, we may
disclose your protected health information in response to
a subpoena to the extent authorized by state law 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
protected health information to a law enforcement official
for law enforcement purposes as follow:
· As required by law for reporting of certain types
of wounds or other physical injuries.
· Pursuant to court order, court-ordered 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 facility has
a suspicion that your health condition was the result of criminal
conduct.
· In an emergency to report a crime.
- To
Coroners, Funeral Directors, and for Organ Donation.
We may disclose protected health information 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 authorized by law. We may also disclose protected
health information to a funeral director, as authorized by
law, in order to permit the funeral director to carry out
their duties. We may disclose such information in reasonable
anticipation of death. Protected health information may be
used and disclosed for cadaveric organ, eye or tissue donation
purposes.
- For
Research Purposes. We may use or disclose your
protected health information for research when the use or
disclosure for research has been approved by an institutional
review board that has reviewed the research proposal and research
protocols to address the privacy of your protected health
information.
- In
the Event of a Serious Threat to Health or Safety.
We may, consistent with applicable law and ethical standards
of conduct, use or disclose your protected health information
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.
- For
Specified Government Functions. In certain circumstances,
federal regulations authorize the facility to use or disclose
your protected health information to facilitate specified
government functions relating to military and veterans activities,
national security and intelligence activities, protective
services for the President and others, medical suitability
determinations, correctional institutions, and law enforcement
custodial situations.
- For
Worker’s Compensation. The facility may
release your health information to comply with worker’s
compensation laws or similar programs.
III. Uses and Disclosures Permitted without
Authorization but with Opportunity to Object
We may disclose your protected health information
to your family member or a close personal friend if it is directly
relevant to the person’s involvement in your surgery or
payment related to your surgery. We can also disclose your information
in connection with trying to locate or notify family members or
others involved in your care concerning your location, condition
or death.
You may object to these disclosures. If you do
not object to these disclosures or we can infer from the circumstances
that you do not object or we determine, in the exercise of your
professional judgement, that it is in your best interests for
us to make disclosure of information that is directly relevant
to the person’s involvement with your care, we may disclose
your protected health information as described.
IV. Uses and Disclosures which you Authorize
Other than as stated above, we will not disclose
your health information other than with your written authorization.
You may revoke your authorization in writing at any time except
to the extent that we have taken action in reliance upon the authorization.
V. Your Rights
You have the following rights regarding your health
information:
- The
right to inspect and copy your protected health information.
You may inspect and obtain a copy of your protected health
information that is contained in a designated record set for
as long as we maintain the protected health information. A
“designated record set” contains medical and billing
records and any other records that your surgeon and the facility
uses for making decisions about you.
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 protected health information that
is subject to a law that prohibits access to protected health
information. Depending on the circumstances, you may have
the right to have a decision to deny access reviewed.
We
may deny your request to inspect or copy your protected
health information if, in our professional judgement, we
determine that the access requested is likely to endanger
your life or safety or that of another person, or that it
is likely to cause substantial harm to another person referenced
within the information. You have the right to request a
review of this decision.
To
inspect and copy your medical information, you must submit
a written request to the Privacy Officer whose contact information
is listed on the last page of this Privacy Notice. If you
request a copy of your information, we may charge you a
fee for the costs of copying, mailing, or other costs incurred
by us in complying with your request.
Please
contact our Privacy Officer if you have questions about
access to your medical record.
- The
right to request a restriction on uses and disclosures of
your protected health information. You may ask
us not to use or disclose certain parts of your protected
health information for the purposes of treatment, payment,
or health care operations. You may also request that we not
disclose your health information to family members or friends
who may be involved in your care or for notification purposes
as described in this Privacy Notice. Your request must state
the specific restriction requested and to whom you want the
restriction to apply.
The facility is not required to agree to a restriction that
you may request. We will notify you if we deny your request
to a restriction. If the facility does agree to the requested
restriction, we may not use or disclose your protected health
information in violation of that restriction unless it is
needed to provide emergency treatment. Under certain circumstances,
we may terminate our agreement to a restriction. You may request
a restriction by contacting the Privacy Officer.
- The
right to request to receive confidential communications from
us by alternative means or at an alternative location.
You have the right to request that we communicate with you
in certain ways. We will accommodate reasonable request. We
may condition this accommodation by asking you for information
as to how payment will be handled or specification of an alternative
address or other method of contact. We will not require you
to provide an explanation for your request. Requests must
be made in writing to our Privacy Officer.
- The
right to request amendments to your protected health information.
You may request an amendment of protected health information
about you in a designated record set for as long as we maintain
this information. 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 prepare a rebuttal to you statement and will provide
you with a copy of any such rebuttal. Request for amendment
must be in writing and must be directed to our Privacy Officer.
In this written request, you must also provide a reason to
support the requested amendments.
- The
right to receive an accounting. You have the
right to request an accounting of certain disclosures of your
protected health information made by the facility. This right
applies to disclosures for purposes other than treatment,
payment or health care operations as described in this Privacy
Notice. We are also not required to account for disclosures
that you requested, disclosures that you agreed to by signing
an authorization form, disclosures for a facility directory,
to friends or family members involved in your care, or certain
other disclosures we are permitted to make without your authorization.
The request for an accounting must be made in writing to our
Privacy Officer. The request should specify the time period
sought for the accounting. 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.
- The
right to obtain a paper copy of this notice.
Upon request, we will provide a separate paper copy of this
notice even if you have already received a copy of the notice
or have agreed to accept this notice electronically.
VI. Our Duties
The facility is required by law to maintain the
privacy of your health information and to provide you with this
Privacy Notice of our duties and privacy practices. We are required
to abide by terms of this Notice, as may be amended form time
to time. We reserve the right to change the terms of this Notice
and to make the new Notice provisions effective for all future
protected health information that we maintain. If the facility
changes its Notice, we will provide a copy of the revised Notice
at our facility.
VII. Complaints
You have the right to express complaints to the
facility and to the Secretary of Health and Human Services if
you believe that your privacy rights have been violated. You may
complain to the facility by contacting the facility’s Privacy
Officer verbally or in writing, using the contact information
below. We encourage 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.
VIII. Contact Person
The facility’s contact person for all issues
regarding patient privacy and your rights under the federal privacy
standards is the Privacy Officer. Information regarding matters
covered by this Notice can be requested by contacting the Privacy
Officer. If you feel that your privacy rights have been violated
by this facility you may submit a complaint to our Privacy Officer
by sending it to:
Suburban Surgery Center
1580 West Lake Street
Addison, Ill 60101
ATTN: Privacy Officer
The Privacy Officer can be contacted by telephone
at 630-285-7000
IX. Effective Date
This
Notice is effective April 14, 2003.
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