HIPAA Notice of Privacy
Effective Date: April 7, 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.
If you have any questions about this Notice, our policies, or practices
please contact the Brownwood Regional Medical Center Privacy Officer
at P.O. Box 760, Brownwood, Tx. 76801.
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Who Will Follow This Notice
This Notice describes our organization's practices and those of:
- Health care professionals who are members of our workforce
authorized to access and/or enter information into your medical
record or billing record.
- All departments and units of this facility.
- All employees, volunteers and other facility personnel
considered a part of our workforce.
- Any health care entities and medical offices owned by
or affiliated with this facility.
- This facility is a part of an organized health care
arrangement (OHCA). An OHCA is (i) a clinically integrated setting
in which individuals typically receive health care from more than
one health care provider or (ii) an organized system of health
care in which more than one health care provider participates.
The health care providers who participate in the OHCA will share
medical and billing information about you with one another as may
be necessary to carry out treatment, payment, and health care operations
activities. This Notice of Privacy Practices constitutes the Notice
of Privacy Practices for the OHCA and all the health care providers
participating in the OHCA. The health care providers who participate
in the OHCA and to which this Notice of Privacy Practices applies
include this facility, the members of its medical staff, and the
other health care providers.
- Certain physicians who provide medical services in this
facility are members of the facility's medical staff and, as such,
are part of the OHCA. Such physicians are, however, self-employed
independent contractors; they are not the agents, servants, or
employees of this facility, and the facility is not responsible
for their judgment or conduct.
Our Pledge Regarding Medical and Billing Information
We understand that information about you and your health is personal.
We are committed to protecting medical and billing information about
you. We create a record of the care and services you receive at our
facility. Typically, this record contains your symptoms, examination
and test results, diagnoses, treatment, a plan for future care or
treatment, and charges or bills for services related to your care.
These records are used to provide you with quality care and to comply
with certain legal requirements.
This Notice applies to all of the records of your care generated
by the facility, whether made by facility personnel or your personal
care provider. Your personal care provider (for example, your personal
physician, midwife, etc.) may have different policies or Notices
regarding the provider's use and disclosure of your medical and billing
information created in the practice office or clinic.
This Notice will tell you about the ways in which we may use and
disclose medical and billing information about you. We also describe
your rights and certain obligations we have regarding the use and
disclosure of your medical information.
We are required by law to:
- Make sure that medical and billing information that
identifies you is kept private;
- Give you this Notice of our legal duties and privacy
practices with respect to medical and billing information about
you; and
- Follow the terms of the Notice that is currently in
effect.
How We May Use and Disclose Medical and Billing Information About
You
The following categories describe different ways we use and disclose
medical and billing 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.
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 doctors, nurses, health care technicians, health care
professional students, or other facility personnel who are involved
in taking care of you at our facility. We may also disclose information
about you to other health care providers outside our facility so
they may treat you. For example, a doctor treating you for a broken
leg 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 we can arrange for appropriate
meals. Different departments of the facility also may share medical
information about you in order to coordinate the different things
you need, such as prescriptions, lab work, and x-rays. This information
is shared on the basis of other health care staff „needing
to know‰ the information to provide safe necessary treatment
to you. We also may disclose medical information about you to people
outside the facility who may be involved in your medical care after
you leave the facility, such as family members, or other health care
professionals we use to provide services that are a part of your
care.
For Payment. We may use and disclose medical information about you
so the treatment and services you receive at our facility may be
billed to and payment may be collected from you, an insurance company,
or other third party. For example, we may need to give your health
plan information about surgery you received at our facility so your
health plan will pay us or reimburse you for the surgery. We may
also tell your health plan about a treatment you are going to receive
to obtain prior approval or to determine whether your plan will pay
for the treatment. This does NOT mean that all information in your
medical record will be shared to gain approval or seek payment, but
only that information which is necessary. We may also provide information
about you to another health care provider or facility for their payment
activities. For example, we may provide information about you to
your doctor's office so they can bill you or your insurance company.
For Health Care Operations. We may use and disclose medical information
about you for facility operations. These uses and disclosures are
necessary to run the facility and make sure all of our patients receive
quality care. For example, we may use medical information to review
our treatment and services and to evaluate the performance of our
staff in caring for you. We may also combine medical information
about many facility patients to decide what additional services the
facility should offer, what services are not needed, and whether
certain new treatments are effective. We may also disclose information
to doctors, nurses, technicians, professional health care students,
and other facility personnel for review and learning purposes. We
may also combine the medical information we have with medical information
from other facilities to compare how we are doing and see where we
can make improvements in the care and services we offer. We may remove
information that identifies you from this set of medical information
so others may use it to study health care and health care delivery
without learning who you or other patients are as individuals. We
may provide information about you to other health care providers,
health plans, or health care clearinghouses to perform activities
such as quality assessment, case management, training, and studying
groups of people for the purpose of improving health.
Appointment Reminders. We may use and disclose medical information
to contact you as a reminder that you have an appointment for tests,
treatment, or medical care.
Treatment Alternatives. We may use and disclose medical information
to tell you about or recommend possible treatment options or alternatives
that may be of interest to you or offer you optional care alternatives.
Health-Related Products 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.
Fundraising Activities. We may use medical information about you
to contact you in an effort to raise money for the facility and its
operations. We may disclose medical information to a foundation related
to the facility so that the foundation may contact you to raise money
for the facility. In such event we would release contact information,
such as your name, address and phone number, and the dates you received
treatment or services at our facility. If you do not want the facility
to contact you for fundraising efforts, you must notify Brownwood
Reg. Medical Center, Marketing Director, P.O. Box 760, Brownwood,
Texas 76804 in writing.
Facility Directory. Unless you tell us otherwise, we may include
certain limited information about you in the facility directory while
you are a patient at the facility. This information may include your
name, location in the facility, your general condition (such as ‰fair‰, „stable‰, „critical‰),
and your religious affiliation. The directory information, except
for your religious affiliation, may also be released to people who
ask for you by name. Your religious affiliation may be given to a
member of the clergy, such as a minister, priest or rabbi, even if
they don't ask for you by name. This disclosure is necessary so your
family, friends, and clergy can visit you in the facility and generally
know how you are doing. You have the right to request that you not
be identified to any of these individuals upon admission.
Individuals Involved in Your Care or Payment for Your Care. Unless
you tell us otherwise, we may release medical information about you
to a friend or family member who is involved in your medical care.
We may give information to someone who helps pay for your care. We
may also tell your family or friends your condition and that you
are in the facility. In addition, we may disclose medical information
about you to an entity assisting us in a disaster relief effort so
that your family can be notified about your condition, status, and
location.
Business Associates. There are some services provided in our organization
through contracts with business associates. Examples may include
certain laboratory tests, medical transcription services, and a copy
service we may use when making copies of your health record. When
these services are contracted, we may disclose your health information
to our business associates so they can perform the jobs we've asked
them to do and bill you or your third-party payer for services rendered.
To protect your health information, however, we require the business
associate to safeguard your information appropriately.
Research. Under certain 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 receive one medication to those who received another, for the
same condition. In certain circumstances, we are permitted to disclose
medical information about you to people preparing for research. For
example, researchers may look for patients with specific treatment
needs to develop a research protocol, but may not remove the medical
information they review from the facility. All research projects,
however, are subject to a special approval process. This process
evaluates a proposed research project and its use of medical information,
trying to balance the research needs with patients' need for privacy
of their medical information. Before we use or disclose medical information
for research, the project will have been approved through this research
approval process. We will almost always ask for your specific permission
if the researcher will have access to your name, address, or other
information that reveals who you are, or will be involved in your
care at the facility.
As Required By Law. We will disclose medical information about you
when required to do so by federal, state, or local laws.
To Avert a Serious Threat to Health or Safety. We may use or 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 other person. Any disclosure, however, would only be to
someone able to help prevent the threat.
Organ and Tissue Donation. If you are an organ donor, we may release
medical information to organizations that handle organ procurement
or organ, eye, or tissue transplantation or to an organ donation
bank, as necessary to facilitate organ or tissue donation and transplantation.
Military Personnel. If you are a member of the armed forces, active
or reserve, we may release medical information about you as required
by military command authorities. We may also release medical information
about foreign military personnel to the appropriate foreign military
authority.
Workers' Compensation. We may release medical information about
you as necessary to comply with laws related to workers' compensation
or similar programs that provide benefits for work-related injuries
or illnesses.
Public Health Risks. We may disclose medical information about you
for public health activities. These activities generally include
the following:
- To prevent or control disease, injury, or disability;
- To report births and deaths;
- To report child abuse or neglect;
- To report reactions to medications or problems with
products;
- To notify people of recalls of products they may be
using;
- To notify a person who may have been exposed to a disease,
or who may be a risk for contracting or spreading a disease or
condition; and
- To notify the appropriate government or law enforcement
authority if we believe a patient has been the victim of abuse,
neglect, or domestic violence. We will only make this disclosure
if you agree or when required or authorized by law.
Health Oversight Activities. We may disclose medical information
to a health oversight agency for activities 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 civil rights laws.
Lawsuits and Disputes. If you are involved in a lawsuit or a dispute,
we may disclose medical information about you in response to a court
or administrative order. We may also disclose medical information
about you in response to a subpoena, discovery request, or other
lawful process by someone else involved in the dispute, but only
if efforts have been made to tell you about the request or to obtain
an order protecting the information requested.
Law Enforcement. We may release medical information if asked to
do so by a law enforcement official:
- In response to a court order, subpoena, warrant, summons,
or similar process;
- To identify or locate a suspect, fugitive, material
witness, or missing person;
- About the victim of a crime if, under certain limited
circumstances, we are unable to obtain the person's agreement;
- About a death we believe may be the result of criminal
conduct;
- About criminal conduct at the facility;
- In emergency circumstances to report a crime, the location
of the crime or victims, or the identity, description, or location
of the person who committed the crime.
Coroners, Medical Examiners and Funeral Directors. We may release
medical information to a coroner or medical examiner. This may be
necessary, for example, to identify a deceased person or determine
the cause of death. We may also release medical information about
you as a patient of the facility to funeral directors as necessary
to carry out their duties.
National Security and Intelligence Activities. We may release medical
information about you to authorized federal officials for intelligence,
counterintelligence, and other national security activities authorized
by law.
Protective Services for the President and Others. We may disclose
medical information about you to authorized federal officials so
they may provide protection to the President, other authorized persons,
and foreign heads of state or to conduct special investigations.
Inmates. If you are an inmate of a correctional institution or under
the custody of a law enforcement official, we may release medical
information about you to the correctional institution or law enforcement
official. This release would be necessary (1) for the institution
to provide you with health care; (2) to protect your health and safety
or the health and safety of others; or (3) for the safety and security
of the correctional institution.
Other uses of medical information: authorization and right to revoke
authorization. Other uses and disclosures of medical information
not covered by this Notice or the laws that apply to us will be made
only with your written authorization. If you authorize us to use
or disclose medical information about you, you may revoke that authorization,
in writing, at any time. If you revoke your permission, we will no
longer use or disclose medical information about you for the reasons
covered by your written authorization. You understand that we are
unable to take back any disclosures we have already made with your
authorization, and that we are required by state law to retain our
records of the care that we provide to you.
Your Rights Regarding Medical and Billing Information About You
You have the following rights regarding your medical and billing
information we maintain.
Right to Inspect and Copy Your Medical and Billing Information.
You have the right to inspect and copy medical information that may
be used to make decisions about your care. Usually, this includes
medical and billing records, but does not include psychotherapy notes.
To inspect and obtain a copy of medical and billing information
that may be used to make decisions about you, you must submit your
request in writing to Brownwood Reg. Medical Center Record Custodian,
P.O. Box 760, Brownwood, Texas 76804. If you request a copy of the
information, we may charge a fee for the costs of copying, mailing,
or other supplies associated with your request.
We may deny your request to inspect and copy this information in
certain limited circumstances. If you are denied access to medical
or billing information, you may make a request, in writing to the
Brownwood Reg. Medical Center Privacy Officer, that the denial be
reviewed. Another licensed health care professional chosen by the
facility will review your request and the denial. The person conducting
the review will not be the person who denied your request. We will
comply with the outcome of the review.
Right to Amend Your Medical and Billing Information. If you feel
that medical and billing information we have about you is incorrect
or incomplete, you may ask us to amend the information. You have
a right to request an amendment for as long as the information is
kept by or for the facility.
To request an amendment, your request must be made in writing and
submitted to the Brownwood Reg. Medical Center Record Custodian,
P. O. Box 760, 1501 Burnet, Brownwood, Texas 76801. In addition,
you must provide a reason that supports your request.
We may deny your request for an amendment if it is not in writing,
or does not include a reason to support the request. In addition,
we may deny your request if you ask us to amend information that:
- Was not created by us, unless the person or entity that
created the information is no longer available to make the amendment;
- Is not part of the medical or billing information kept
by or for the facility;
- Is not part of the information that you would be permitted
to inspect and copy; or
- Is accurate and complete.
Right to an Accounting of Disclosures of Your Medical and Billing
Information. You have the right to request an „accounting of
disclosures.‰ This is a list of certain disclosures we made
of medical and billing information about you, except for those disclosures
to carry out treatment, payment, or health care operations, disclosures
made to you, disclosures you have authorized, or certain other disclosures.
To request an accounting of disclosures, you must submit your request
in writing to the Brownwood Reg. Medical Center Privacy Officer.
Your request must state a time period, which may not be longer than
six (6) years and may not include dates before April 14, 2003. The
first list you request within a 12-month period will be free. For
additional lists, we may charge you for the costs of providing the
list. We will notify you of the costs involved and you may choose
to withdraw or modify your request at that time before any costs
are incurred.
Right to Request Restrictions. You have the right to request a restriction
or limitation on the uses and disclosures of your medical or billing
information for treatment, payment or health care operations. You
also have the right to request a restriction on the medical or billing
information we disclose about you to someone who is involved in your
care or payment for your care, like a family member or friend. For
example, you could ask that we not use or disclose information about
your particular surgery or other particular treatment. We are not
required to agree to your request. If we cannot agree to your requested
restriction, we will notify you. If we do agree, we will comply with
your request unless the information is needed to provide you emergency
treatment. We may terminate our agreement for a restriction if we
inform you and you agree.
To request restrictions, you must make your request in writing to
Brownwood Reg. Medical Center Privacy Officer, P. O. Box 760, Brownwood,
Texas 76804.
Right to Request Confidential Communications. You have the right
to request that we communicate with you about medical treatment and
options in a certain way or at a certain location. For example, you
can ask that we contact you at a different phone number or address
than that shown in your records.
To request confidential communications, you must make your request
in writing to Brownwood Reg. Medical Center Privacy Officer, P. O.
Box 760, 1501 Burnet, Brownwood, Tx. 76801. We will not ask you the
reason for your request. We will accommodate all reasonable requests.
Your request must specify how or where you wish to be contacted.
Right to a Paper Copy of This Notice. You have the right to a paper
copy of this Notice. You will be offered a paper copy of this Notice
during the admission or registration process. You may ask us to give
you a copy of this Notice at any time, or you may contact our Privacy
Officer at 1501 Burnet, Brownwood, Texas 76801 or (325) 649-3407.
Even if you have agreed to receive this Notice electronically, you
are still entitled to a paper copy of this Notice. You may obtain
a copy of this Notice at our website, http://www.BRMC-Cares.com.
State Law Issues. Many states have requirements regarding the mandatory
or voluntary reporting of health information for various purposes,
such as maintaining records of births and deaths or engaging in activities
relating to the improvement of health care or the reduction of health
care costs. In addition, some states have enacted privacy laws or
other laws respecting the confidentiality of medical information
that have requirements different from, and in some cases more stringent
than, those described herein. To the extent that an applicable state
privacy law imposes requirements that are more restrictive than federal
privacy law, the state law will preempt the federal law.
Changes to This Notice
We reserve the right to change this Notice at any time. We reserve
the right to make the revised or changed Notice effective for medical
and billing information we already have about you as well as any
information we receive in the future. The effective date of the revised
Notice will be on the first page, in the top right-hand corner. As
of the effective date, distribution of the revised Notice that is
in effect will be the same as above in the section describing your
rights to receive a paper copy of the Notice.
Complaints
If you believe your privacy rights have been violated, you may file
a complaint with the facility or with the Secretary of the Department
of Health and Human Services.
To file a complaint with the facility, contact HIM Director, 1501
Burnet, Brownwood, Texas 76801 and (325) 649-3407, of the contact
person or office responsible for handling complaints. This should
be the same person or department listed on the first page as the
contact for more information about this Notice. If you prefer not
to speak with a local person, you may file a complaint with the facility
by calling this toll free anonymous hot line number, 1-800-345-8650.
You will not be retaliated against or penalized for filing a complaint.
The Secretary of the Department of Health and Human Services may
be contacted at 200 Independence Ave., S.W.; Washington, D.C. 20201
or by phone at 1-877-696-6775.
The Joint Commission on Accreditation of Healthcare Organizations has a toll-free hotline to provide patients, their families, caregivers, and others with an opportunity to share concerns regarding quality-of-care issues at accredited health care organizations. The toll-free number is 800-994-6610 and is available 24 hours a day, seven days a week; however, staff members are available weekdays between 8:30 a.m. and 5:00 p.m. central standard time to answer calls.
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