NOTICE OF PRIVACY PRACTICES
OPPORTUNITY LIVING
1890 E. Main Street
Lake City, IA 51449
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 Privacy Notice, please contact our Privacy Officer, Jill
Westcott, at 712-464-8961.
Effective Date: April 14, 2003
I. INTRODUCTION
This Notice of Privacy describes how we may use and disclose your protected health
information to carry out services or payment and for other purposes that are permitted or
required by law. This Notice also describes your rights regarding health information we main-
tain about you and a brief description of how you may exercise these rights. This Notice further states the obligations we have to protect your health information.
"Protected health information" means health information (including identifying information about you) we have collected from you or received from your health care providers, health plans, your employer or a health care clearinghouse. It may include information about your past, present or future physical or mental health or condition, the provision of your health care, and payment for your health care services.
We are required by law to maintain the privacy of your health information and to provide you with this notice of our legal duties and privacy practices with respect to your health information. We are also required to comply with the terms of our current Notice of Privacy Practices.
II. HOW WE WILL USE AND DISCLOSE YOUR HEALTH INFORMATION
We will use and disclose your health information as described in each category listed below. For each category, we will explain what we mean in general, but not describe all specific uses or disclosures of health information.
A. Uses and Dislosures for Services, Payment and Operations
- For Services. We will use and disclose your health information without your
authorization to provide your health care and any related services. We will also use and disclose your health information to coordinate and manage your health care and related services. For example, we may need to disclose information to a case manager who is responsible for coordinating your care.
We may also share your health information among our primary professionals and
other staff who work at Opportunity Living. For example,our staff may discuss your care at a team meeting. In addition, we may disclose your health information
without your authorization to another health care provider (e.g. your primary care physician or a laboratory) working outside of Opportunity Living for purposes of your treatment.
- For Payment. We may use or disclose your health information without your
authorization so that the services you receice are billed to, and payment is
collected from, your health plan or other third party payer. By way of example,
we may disclose your health information to permit your health plan to take certain actions before your health plan approves or pays for your services. These actions
may include:
- making a determination of eligibility or coverage for health insurance;
- reviewing your services to determine if they were medically necessary;
- reviewing your services to determine if they were appropriately
authorized or certified in advance of your care; or
- reviewing your services for purposes of utilization review, to ensure
the appropriateness of your care, or to justify the charges for your care.
For example, your health plan may ask us to have your health information in order to determine if the plan will approve additional services. We may also disclose your health insurance to another health care provider so that provider can bill you for services they provided to you, for example, an ambulance service that transported you to the hospital.
- For Health Care Operations. We may use and disclose health information about you without your authorization for our health care operations. These uses and disclosures are necessary to run our organization and make sure that our clients receive quality care. These activities may include, by way of example, quality
assessment and improvement, reviewing the performance or qualifications of our primary professionals, licensing, accreditation, business planning and development, and general administrative activities. We may combine health information of many of our clients to decide what additional services we should
offer or what services are no longer needed or effective. We may also provide your health information to other health care providers or to your health plan
to assist them in performing certain of their own health care operations. We will
do so only if you have or have had a relationship with the other provider or health plan. For example, we may provide information about you to your health plan to assist them in their quality assurance activities. Finally, we may use and disclose your health information to inform you about possible alternative services
that may be of interest to you.
- Health-Related Benefits and Services. We may use and disclose health information to tell you about health-related benefits or services that may be of interest to you. If you do not want us to provide you with information about health-related benefits or services, you must notify the Privacy Officer in writing at 1890 E. Main Street, Lake City, IA 51449. Please state clearly that you do not want to receive materials about health-related benefits or services.
- Fundraising Activities. We may use or disclose health information about you to contact you about raising money for programs, services and operations. If you do not want us to contact you for fundraising purposes, you must notify the Privacy
Officer in writing at 1890 E. Main Street, Lake City, IA 51449. Please state clearly that you do not want to receive any fundraising solicitations from us.
B. Uses and Disclosures That May be Made Without Your Authorization, But for Which You Will Have an Opportunity to Object.
Persons Involved in Your Care. We may provide health information about you to someone who helps pay for your care. We may use or disclose your health information to notify or assist in notifying a family member, personal representative or any other person who is responsible for your care, of your
location, general condition or death. We may also use or disclose your health
information to an entity assisting in disaster relief efforts and to coordinate
uses and disclosures for this purpose to family or other individuals involved in your health care. In limited circumstances, we may disclose health information about you to a friend or family member who is involved in your care. If you are
physically present and have the capacity to make health care decisions, your
health information may only be disclosed with your agreement to persons you
designate to be involved in your care. But, if you are in an emergency situation,
we may disclose your health information to a spouse, family member, or friend so
that such person may assist in your care. In this case, we will determine whether the disclosure is in your best interest and, if so, only disclose information
that is directly relevant to participation in your care. And, if you are not in
an emergency situation but are unable to make health care decisions, we will
disclose your health information to:
- A person designated to participate in your care in accordance with an
advance directive validly executed under state law;
- Your guardian or other fiduciary if one has been appointed by a court,
or if applicable, the state agency responsible for consenting to your care.
C. Uses and Disclosures That May be Made Without Your Authorization or Opportunity to
Object.
- Facility Directory. We maintain a limited internal facility directory.
- Emergencies. We may use and dislose your health information in an emergency
treatment situation. By way of example, we may provide your health information
to a paramedic who is transporting you in an ambulance. If a professional is required by law to treat you and your designated professional has attempted to
obtain your authorization but is unable to do so, the designated professional may, nevertheless, use or disclose your health information to treat you.
- Research. We may disclose your health information to researchers when their
research has been approved by an Institutional Review Board or a similar privacy
board that has reviewed the research proposal and established protocols to protect the privacy of your health information.
- As required By Law. We will disclose health information about you when required
to do so by federal, state or local law.
- To Avert A Serious Threat to Health or Safety. We may use and disclose health
information about you when necessary to prevent a serious and imminent threat to
your health or safety or to the health or safety of the public or another person.
Under these circumstances, we will only disclose health information to someone who is able to help prevent or lessen the threat.
- Organ and Tissue Donation. If you are an organ donor, we may release your health information to an organ procurement organization or to an entity that conducts organ, eye or tisse transplantation, or serves as an organ donation bank,
as necessary to facilitate organ, eye or tissue donation and transplantation.
- Public Health Activities. We may disclose health information about you as
necessary for public health activities including, by way of example, disclosures to:
a) report to public health authorities for the purpose of preventing or
controlling disease, injury, or disability;
b) report vital events such as birth or death;
c) conduct public health surveillance or investigations;
d) report certain events to the Food and Drug Administration (FDA) or to
a person subject to the jurisdiction of the FDA including information
about defective products or problems with medications;
e) notify a person who may have been exposed to a communicable disease or who is at risk of contracting or spreading a disease or condition; notify
the appropriate government agency if we believe you have been a victim of abuse, neglect or domestic violence. We will only notify an agency if we obtain your agreement or if we are required or authorized by law to report such abuse, neglect or domestic violence.
- Health Oversight Activities. We may disclose health information about you to a health oversight agency for activities authorized by law. Oversight agencies include government agencies that oversee the health care system, government benefit programs such as Medicare or Medicaid, other government programs
regulating health care, and civil rights laws.
- Disclosures in Legal Proceedings. We may disclose health information about
you to a court or administrative agency when a judge or administrative agency
orders us to do so. We also may disclose health information about you in legal
proceedings without your permission or without a judge or administrative agency's
order when:
We receive a subpoena for your health information. We will not provide
this information in response to a subpoena without your authorization if
the request is for records of a federallypassisted substance program.
- Law Enforcement Activities. We may disclose health information to a law
enforcement official for law enforcement purposes when:
a) a court order, sobpoena, warrant, summons or similar process requires
us to do so; or
b) the information is needed to identify or locate a suspect, fugitive,
material witness or missing person; or we report a death that we believe
may be the result of criminal conduct occurring on the premises of our
facility; or we determine that the law enforcement purpose is to respond to a threat of an imminently dangerous activity by you against yourself or another person; or the disclosure is otherwise required by law.
We may also disclose health information about a client who is a victim of a crime,
without a court order or without being required to do so by law. However, we will
do so only if the disclosure has been requested by a law enforcement official and
the victim agrees to the disclosure or, in the case of the victim's incapacity,
the following occurs when the law enforcement official represents to us that:
(i) the victim is not the subject of the investigation, and;
(ii) an immediate law enforcement activity to meet a serious danger to the
victim or others depends upon the disclosure; and we determine that the
disclosure is in the victim's best interest.
- Medical Examiners or Funeral Directors. We may provide health information about our clients to a medical examiner. Medical examiners are appointed by law to assist in identifying deceased persons and to determine the cause of death in certain circumstances. We may also disclose health information about our clients to funeral directors as necessary to carry out their duties.
- Military and Veterans. If you are a member of the armed forces, we may disclose your health information as required by military command authorities.
We may also disclose your health information for the purpose of determining your
eligibility for benefits provided by the Department of Veterans Affairs. Finally,
if you are a member of a foreign military service, we may disclose your health
information to that foreign military authority.
- National Security and Protective Services for the President and Others. We may
disclose medical information about you to authorized federal officials for intelligence, counter-intelligence, and other national security activities authorized by law. We may also disclose health information about you to authorized federal officials so they may provide protection to the President, other authorized persons or foreign heads of state or so they may conduct special investigations.
- Inmates. If you are an inmate of a correctional institution or under the
custody of a law enforcement official, we may disclose health information about you to the correctional institution or law enforcement official.
- Workers' Compensation. We may disclose health information about you to comply
with the state's Worker's Compensation Law.
III. Uses and Dislosures of Your Health Information with Your Permission.
Uses and disclosures not described in Section II of this Notice of Privacy Practoces will generally only be made with your written permission, called an "authorization". You have the right to revoke an authorization at any time. If you revoke your authorization, we will not make any further uses or disclosures of your health information under that authorization, unless we have already taken an action relying upon the uses or disclosures you have previously authorized.
IV. Your Rights Regarding Your Health Information.
A. Right to Inspect and Copy.
You have the right to request an opportunity to copy health information used to make decisions about your care - whether they are decisions about your treatment or payment of your care. Usually, this would include medical and billing records.
You must submit your request in writing to our Privacy Officer at 1890 E. MAin Street,
Lake City, Iowa 51449. If you request a copy of the information, we may charge a fee for
the cost of copying, mailing and supplies associated with your request. We may deny your
request to inspect or copy your health information in certain limited circumstances. In
some cases, you will have the right to have the denial reviewed be a licensed health care
professional not directly involved in the original decision to deny access. We will
inform you in writing if the denial of your request may be reviewed. Once the review is
completed, we will honor the decision made by the licensed health care professional
reviewer.
B. Right to Amend
For as long as we keep records about you, you have the right to request us to amend any
health information used to make decisions about your care - whether they are decisions
about your services or payment of your care. Usually, this would include medical and
billing records. To request an amendment, you must submit a written document to our
Privacy Officer at 1890 E. Main Street, Lake City, IA 51449, and tell us why you believe
the information is incorrect or inaccurate. We may deny your request for an amendment if
it is not in writing or does not include a reason to support the request.
We may also deny your request if you ask us to amend health information that:
- was not created by us, unless the person or entity that created the health
information is no longer available to make the amendment;
- is not part of the health information we maintain to make decisions about your
care;
- is not part of the health information that you would be permitted to inspect or
copy, or
- is accurate and complete.
If we deny your request to amend, we will send you a written notice of the denial stating
the basis for the denial and offer you the opportunity to provide a written statement
disagreeing with the denial. If you do not wish to prepare a written statement of
disagreement, you may ask that the requested amendment and our denial be attached
to all future disclosures of the health information that is the subject of your request.
If you choose to submit a written statement of disagreement, we have the right to prepare
a written rebuttal to your statement of disagreement. In this case, we will attach the
written request and the rebuttal (as well as the orignal request and denial) to all future disclosures of the health information that is the subject of your request.
C. Right to an Accounting of Disclosures.
You have the right to request that we provide you with an accounting of disclosures we have made of your health information. An accounting is a list of dislosures. But this list will not include certain disclosures of your health information, by way of example, those we have made for purposes of provision and services and payment. To request an accounting of disclosures, you must submit your request in writing to the Privacy Officer at 1890 E. Main St, Lake City, IA 51449. For your convenience, you may submit your request on a form called a "Request For Accounting" which you may obtain from our Privacy Officer. The request should state the time period for which you wish to receive an Accounting. This time period should not be longer than 6 years and not include dates before April 14th, 2003. The first Accounting you request within a twelve month period will be free. For additional requests during the same twelve month period, we will charge you for the costs of providing the accounting. We will notify you of the amount we will charge and you may choose to withdraw or modify your request before we incur any cost.
D. Right To Request Restrictions
You have the right to request a restriction on the health information we use or disclose about you for provision of services or payment. To request a restriction, you must request the restriction in writing addressed to the Privacy Officer at 1890 E. Main St, Lake City, IA 51449. The Privacy Officer will ask you to sign a request for restriction form, which you should complete and return to the Privacy Officer. We are not required to agree to a restriction that you may request. If we do agree, we will honor your request unless the restricted health information is needed to provide you with emergency medical treatment.
E. Right To Request Confidential Communications
You have the right to request that we communicate with you about your health care only in a certain location or through a certain method. For example, you may request that we contact you only at work. To request such a confidential communication, you must make your request in writing to the Privacy Officer at 1890 E. Main St, Lake City, IA 51449. We will accomodate reasonable requests. You do not need to give us a reason for the request; but your request must specify how or where you wish to be contacted.
F. Right To Paper Copy Of This Notice
You have the right to obtain a paper copy of this Notice of Privacy Practices at any time. Even if you have agreed to receive this Notice of Privacy Practices electronicaly, you may still obtain a paper copy. To obtain a paper copy, contact our Privacy Officer at 1890 E. Main St, Lake City, IA 51449.
V. Complaints
If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the U.S. Department of Health and Human Services. To file a complaint with us, contact our Compliancy Officer, David Linder, at 1890 E. Main St, Lake City, IA 51449. All complains must be submitted in writing. Our Privacy Officer who can be contacted at 1890 E. Main St, Lake City, IA 51449 will assist you with writing your complaint, if you request such assistance. We will not retaliate against you for filing a complaint.
VI. Changes To This Notice
We reserve the right to change the terms of our Notice of Privacy Practices. We also reserve the right to make the revised or changed Notice of Privacy Practices effective for all health information we already have about you as well as any health information we receive in the future. We will post a copy of the current Notice of Privacy Practices at our main office and at each site where we provide care. You may also obtain a copy of the current Notice of Privacy Practices by accessing our website at http://www.opportunitylivingstore.com or by calling us at 712-464-8961 and requesting a copy be sent you in the mail or by asking for one any time you are at our office.
VII. Who Will Follow This Notice
Opportunity Living will follow this Notice of Privacy Practices.
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