Privacy Practices

THIS NOTICE DESCRIBES HOW INFORMATION ABOUT YOU MAY BE USED & DISCLOSED & HOW YOU CAN GET ACCESS TO THIS INFORMATION.

PLEASE REVIEW CAREFULLY

We respect the privacy of your personal health information, and we are committed to maintaining our residents' confidentiality. This Notice of Privacy Practices (this “Notice”) applies to all information and records related to your care that Deer Meadows Home Health and Support Services, LLC. (the “Facility”) has received or created. It extends to information received or created by our employees, staff, volunteers, the Medical Director, employed physicians, and other Facility and non-Facility personnel who may be involved in your care.

This Notice informs you about the possible uses and disclosures of your personal health information. It also describes your rights and our obligations regarding your personal health information.We are required by law to:

  • maintain the privacy of your personal health information;
  • provide to you this detailed Notice of our legal duties and privacy
  • practices related to your personal health information; and
  • abide by the terms of this Notice, which may be updated from time to time.

1. WE MAY USE AND DISCLOSE YOUR PERSONAL HEALTH INFORMATION FOR TREATMENT, PAYMENT, AND HEALTH CARE OPERATIONS WITHOUT OBTAINING YOUR CONSENT

We may use and disclose your personal health information for purposes of treatment, payment, and health care operations without obtaining your consent. We have described these uses and disclosures below and provided examples of the types of uses and disclosures we may make in each of these categories.

For Treatment.We will use and disclose your personal health information in providing you with treatment and services. We may disclose your personal health information to Facility and non-Facility personnel who may be involved in your care, such as physicians, nurses, nurse aides, and physical therapists. For example, a nurse caring for you will report any change in your condition to your physician. We also may disclose personal health information to individuals who will be involved in your care after you leave the Facility.

For Payment.We may use and disclose your personal health information so that we can bill and receive payment for the treatment and services you receive at the Facility. For billing and payment purposes, we may disclose your personal health information to your representative, insurance or managed care company, Medicare, Medicaid, or another third party payor. For example, we may contact Medicare or your health plan to confirm your coverage or to request prior approval for a proposed treatment or service.

For Health Care Operations.We may use and disclose your personal health information for Facility operations. These uses and disclosures are necessary to manage the Facility and to monitor our quality of care. For example, we may use personal health information to evaluate our Facility's services, including the performance of our staff.

2. WE MAY USE AND DISCLOSE PERSONAL HEALTH INFORMATION ABOUT YOU FOR OTHER SPECIFIC PURPOSES

Facility Directory.Unless you object, we will include certain limited information about you in our Facility directory. This information may include your name, your location in the Facility, your general condition, and your religious affiliation. Our directory does not include specific medical information about you. We may release information in our directory, other than your religious affiliation, to people who ask for you by name. We may provide the directory information, including your religious affiliation, to any member of the clergy.

Individuals Involved in Your Care or Payment for Your Care.We may disclose your personal health information to a family member or close personal friend, including clergy, who is involved in your care, if the personal health information is relevant to that person’s involvement.

Disaster Relief.We may disclose your personal health information to an organization assisting in a disaster relief effort.

As Required By Law.We will disclose your personal health information when required by law to do so.

Public Health Activities.We may disclose your personal health information for public health activities. These activities may include, for example:

  • reporting to a public health or other government authority for preventing or controlling disease, injury, or disability, or for reporting child abuse or neglect;
  • reporting to the Federal Food and Drug Administration (FDA) concerning adverse events or problems with products for the purpose of tracking products in certain circumstances, enabling product recalls, or compliance with other FDA requirements;
  • to notify a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition; or
  • for certain purposes involving workplace illness or injuries.

Reporting Victims of Abuse, Neglect or Domestic Violence.If we believe that you have been a victim of abuse, neglect or domestic violence, we may use and disclose your personal health information to notify a government authority if required or authorized by law or if you agree to such use and/or disclosure.

Health Oversight Activities.We may disclose your personal health information to a health oversight agency for oversight activities authorized by law. These may include, for example, audits, investigations, inspections and licensure actions, or other legal proceedings. These activities are necessary for government oversight of the health care system, government payment or regulatory programs, and compliance with civil rights laws.

Judicial and Administrative Proceedings.We may disclose your personal health information in response to a court or administrative order. We also may disclose information in response to a subpoena, discovery request, or other legal process; efforts will be made to contact you about the request or to give you an opportunity to obtain an order or agreement protecting your personal health information.

Law Enforcement.We may disclose your personal health information for certain law enforcement purposes, including, without limitation: as required by law to comply with reporting requirements; to comply with a court order, warrant, subpoena, summons, investigative demand, or other legal process; to identify or locate a suspect, fugitive, material witness, or missing person; to respond to a request for information about the victim of a crime, if the individual agrees or under other limited circumstances; to report information about a suspicious death; to provide information about criminal conduct occurring at the Facility; to report information in emergency circumstances about a crime; or where necessary, to identify or apprehend an individual in relation to a violent crime or an escape from lawful custody.

Coroners, Medical Examiners, Funeral Directors, Organ Procurement Organizations.We may release your personal health information to a coroner, medical examiner, funeral director or, if you are an organ donor, to an organization involved in the donation of organs and tissue.

To Avert a Serious Threat to Health or Safety.We may use and disclose your personal health information when necessary to prevent a serious threat to your health or safety or the health or safety of the public or another person. However, any disclosure would be made only to someone able to help prevent the threat.

Military and Veterans.If you are a member of the armed forces, we may use and disclose your personal health information as required by military command authorities. We may also use and disclose personal health information about foreign military personnel as required by the appropriate foreign military authority.

Workers' Compensation. We may use or disclose your personal health information to comply with laws related to workers' compensation or similar programs.

National Security and Intelligence Activities and Protective Services for the President and Others.We may disclose personal health information to authorized Federal officials conducting national security and intelligence activities or as needed to provide protection to the President of the United States, certain other persons or foreign heads of state, or to conduct certain special investigations.

Fundraising Activities.We may use certain personal health information to contact you in an effort to raise money for the Facility and its operations. We may disclose personal health information to The Baptist Home Foundation (the “Foundation”), which is affiliated with the Facility, so that the Foundation may contact you in raising money for the Facility. In doing so, we would only release contact information, such as your name, address and phone number, and the dates you received treatment or services at the Facility. Such fundraising communications shall provide, in a clear and conspicuous manner, the opportunity for you to opt out of receiving future fundraising communications.

Appointment Reminders.We may use or disclose personal health information to remind you about appointments.

Treatment Alternatives.We may use or disclose personal health information to inform you about treatment alternatives that may be of interest to you.

Health Related Benefits and Services. We may use or disclose personal health information to inform you about health related benefits and services that may be of interest to you.

Marketing Communications.Discussions between the Facility and you concerning possible products and services offered by outside entities are considered “marketing communications.” For example, if an outside vendor requests that we recommend its product or services to you, or that we provide you with a pamphlet or other written brochure, a “marketing communication” has occurred. Generally, speaking, before we may engage in these communications with you, or provide you with the materials, we will need to receive your authorization. The only exceptions to this process are for communications made:

  • to provide refill reminders or otherwise communicate about a medication or biologic that is currently being prescribed for you, and so long as any payment received by us from the outside supplier in exchange for making this communication is reasonably related to our cost of making the communication; or
  • for the following treatment and health care operations purposes, except where we receive payment in exchange for making the communication: (i) for treatment of an individual by a health care provider, including case management or care coordination for the individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the individual; (ii) to describe a health-related product or service (or payment for such product or service) that is provided by, or included in a plan of benefits of, the covered entity making the communication, including communications about: the entities participating in a health care provider network or health plan network; replacement of, or enhancements to, a health plan; and health-related products or services available only to a health plan enrollee that add value to, but are not part of, a plan of benefits; or (iii) for case management or care coordination, contacting of individuals with information about treatment alternatives, and related functions, to the extent these activities do not fall within the definition of “treatment.”

3. YOUR AUTHORIZATION IS REQUIRED FOR ALL OTHER USES OF PERSONAL HEALTH INFORMATION

Your authorization is required for most uses and disclosures of psychotherapy notes, uses and disclosures of personal health information for marketing purposes, and disclosures that constitute the sale of personal health information. Other uses and disclosures not described in this Notice will be made only with your written authorization. You may revoke your authorization to use or disclose personal health information (your “Authorization”) in writing, at any time. If you revoke your Authorization, we will cease to use or disclose your personal health information for the purposes covered by the Authorization, except to the extent we have already relied on the Authorization.

4. YOUR RIGHTS REGARDING YOUR PERSONAL HEALTH INFORMATION

You have the following rights regarding your personal health information at the Facility:

Right to Request Restrictions.You have the right to request restrictions on our use or disclosure of your personal health information for treatment, payment, or health care operations. You also have the right to restrict the personal health information we disclose to a family member, friend, or other person who is involved in your care or the payment for your care. We are not required to agree to your requested restriction, unless you have requested that we restrict disclosures to a health plan for purposes of carrying out payment or health care operations, and the information to be restricted pertains solely to a health care item or service for which you (or another person other than the health plan, on your behalf) have paid us in full. However, if we agree to the restriction, then we must adhere to the restriction.

Right of Access to Personal Health Information.You have the right to request, either orally or in writing, your medical or billing records or other written information that may be used to make decisions about your care. If we maintain your information in an electronic record, you may obtain from us a copy of such information in an electronic format and direct us to transmit such copy directly to an entity or person designated by you. We must allow you to inspect your records within 24 hours of your request. If you request copies of your records, we must provide you with copies within two (2) days of your request, in whatever format you choose, provided that the records are “readily producible” in the requested format. We may charge a reasonable fee for our costs in copying and mailing your requested information.

Right to Request Amendment.You have the right to request that the Facility amend any personal health information maintained by the Facility for as long as the information is kept by or for the Facility. You must make your request in writing, and you must state the reason for the requested amendment. We may deny your request for amendment if the information:

  • was not created by the Facility, unless the originator of the information is no longer available to act on your request;
  • is not part of the personal health information maintained by or for the Facility.
  • is not part of the information to which you have a right of access; or
  • is already accurate and complete, as determined by the Facility.

If we deny your request for amendment, we will provide you with a written denial setting forth the reasons for the denial and advising you of your right to submit a written statement disagreeing with the denial.

Right to an Accounting of Disclosures.You have the right to request an "accounting" of our disclosures of your personal health information (the “Accounting”). This Accounting is a listing of certain disclosures of your personal health information made by the Facility or by others on our behalf, but generally does not include disclosures for treatment, payment and health care operations, disclosures made pursuant to a signed and dated Authorization, or certain other exceptions. If, however, we implement the use of electronic health records, disclosures for treatment, payment, and health care operations purposes will be included in an Accounting requested by you. To request an Accounting, you must submit a request in writing, stating a time period that is within six years from the date of your request (or within three years if we implement the use of electronic health records). An Accounting will include for each disclosure of your personal health information, if requested: the disclosure date; the name of the person or entity that received the information and his, her, or its address, if known; a brief description of the information disclosed; a brief statement of the purpose of the disclosure or a copy of the Authorization or request; and/or certain summary information concerning multiple similar disclosures. The first Accounting provided within a 12-month period will be free; for further requests, we may charge you our costs.

Right to a Paper Copy of This Notice.You have the right to obtain a paper copy of this Notice, even if you have agreed to receive this Notice electronically. You may request a copy of this Notice at any time.

5. DUTY TO NOTIFY YOU OF BREACH

Duty to Notify.We are required to notify you in the event that your unsecured personal health information is breached. A “Breach” is defined as the unauthorized acquisition, access, use, or disclosure of personal health information which compromises the security or privacy of the personal health information, but does not include unintentional acquisition, access or use of such information, inadvertent disclosure of such information within a facility, and disclosure to a person not reasonably able to retain it. “Unsecured personal health information” refers to personal health information that is not secured through the use of a valid encryption process approved by the Secretary of Health and Human Services (the “HHS Secretary”) or the destruction of the media on which the personal health information is recorded or stored. Such encryption or destruction methods are not mandated on “covered entities” such as ours. We will evaluate the propriety of securing personal health information for our residents, and act using our own discretion. However, should any of your unsecured personal health information held by us be breached, we will notify you in the manner set forth below.

Timing and Method of Notification.We will notify you no later than 60 days after discovery of such Breach via first-class mail or by e-mail, if specified by you as your preference. If the Breach involves the personal health information of more than 500 individuals, we will also provide notice to prominent media outlets. We will also notify the HHS Secretary of the Breach (immediately, if the Breach involves the information of more than 500 individuals, or in an annual notification for all other Breaches).

Contents of Notification.Our notification to you will include:

  • A brief description of the Breach, including the date of the Breach and the date of discovery (if known);
  • A description of the types of personal health information that were involved in the Breach;
  • Any steps you should take to protect yourself from potential harm resulting from the Breach;
  • A brief description of the actions we are undertaking to investigate the Breach, mitigate harm to the resident, and protect against further Breaches; and
  • Contact procedures for you to ask questions or learn additional information, which must include a toll-free telephone number, an e-mail address, website, or postal address.

6. COMPLAINTS

If you believe that your privacy rights have been violated, you may file a complaint in writing with the Facility or with the Office of Civil Rights in the U.S. Department of Health and Human Services. To file a complaint with the Facility, contact the Corporate Compliance Officer at 1-844-816-7728.

We will not retaliate against you in any way if you file a complaint.

7. CHANGES TO THIS NOTICE

We will promptly revise and distribute this Notice whenever there is a material change to the uses or disclosures of your personal health information, your individual rights, our legal duties, or other privacy practices stated in this Notice. We reserve the right to change this Notice and to make the revised or new Notice provisions effective for all personal health information already received and maintained by the Facility, as well as for all personal health information we receive in the future. We will post a copy of the current Notice in the Facility. In addition, we will provide a copy of the revised Notice via our website for to all residents or consumers to view.

FOR FURTHER INFORMATION

If you have any questions about this Notice or would like further information concerning your privacy rights, please contact the Corporate Compliance Officer at 1-844-816-7728.

Adopted: 8/27/13 Corporate Compliance Office - Revised: 8/26/13 Gil Nusbaum

© 2017 Deer Meadows Home Health and Support Services, LLC