MOUNT OLIVET ROLLING ACRES
EFFECTIVE DATE OF THIS NOTICE:
04/14/2003
THIS NOTICE DESCRIBES HOW
INFORMATION ABOUT YOU MAY BE USED
AND DISCLOSED AND HOW YOU CAN GET
ACCESS TO THIS INFORMATION. PLEASE
REVIEW IT CAREFULLY.
Our Pledge And Legal Duty To
Protect Health Information About
You.
The privacy of your health
information is important to us. We
are required by federal and state
laws to protect the privacy of your
health information. We refer to this
information as "protected health
information," or "PHI". We must give
you notice of our legal duties and
privacy practices concerning PHI,
including:
- We must protect PHI that we
have created or received about
your past, present, or future
health condition, health care we
provide to you, or payment for
your health care.
- We must notify you about how
we protect PHI about you.
- We must explain how, when
and why we use and/or disclose
PHI about you.
- We may only use and/or
disclose PHI as we have
described in this Notice.
- We must abide by the terms
of this Notice.
We are required to abide by the
terms of this Notice. We reserve the
right to change the terms of this
Notice and to make new notice
provisions effective for all PHI
that we maintain. We will post a
revised notice in our offices; make
copies available to you upon
request.
Minnesota Patient Consent for
Disclosures
For most disclosures of your health
information we are required by State
of Minnesota Laws to obtain a
written consent from you, unless Law
authorizes the disclosure. This
consent may be obtained at the
beginning of your treatment, during
the first delivery of health care
service, or at a later point in your
care, when the need arises to
disclose your health information to
others outside of our organization.
USES AND DISCLOSURES OF YOUR
PROTECTED HEALTH INFORMATION
A. Uses and Disclosures of
Your Protected Health Information
for Purposes of Treatment, Payment
and Health Care Operations.
Health Care Treatment.
We may use and disclose PHI about
you to provide, coordinate or manage
your health care and related
services. This may include
communicating with other health care
providers regarding your treatment
and coordinating and managing the
delivery of health services with
others. For example, we may use and
disclose PHI about you when you need
a prescription, lab work, an x-ray,
or other health care services. In
addition, we may use and disclose
PHI about you when referring you to
another health care provider.
Payment. We may use
and disclose your medical
information to others to bill and
collect payment for the treatment
and services provided to you. For
example: A bill may be sent to you
or a third party payer. The
information on or accompanying the
bill may include information that
identifies you, as well as your
diagnosis, procedures and supplies
used. Before you receive scheduled
services, we may share information
about these services with your
health plan(s). Sharing information
allows us to ask for coverage under
your plan or policy and for approval
of payment before we provide the
services. We may also share portions
of your medical information with the
following: 1) Billing departments;
2) Collection departments or
agencies; 3) Insurance companies,
health plans and their agents which
provide you coverage; 4) Utilization
review personnel that review the
care you received to check that it
and the costs associated with it
were appropriate for your illness or
injury; and 5) Consumer reporting
agencies (e.g., credit bureaus).
Health Care Operations.
We may use and disclose PHI in
performing business activities,
which we call "health care
operations". For example: Members of
our staff such as the risk or
quality improvement manager, or
members of the quality improvement
team may use information in your
health record to assess the care and
outcomes in your case and others
like it. This information will then
be used in an effort to continually
improve the quality and
effectiveness of the healthcare and
service we provide.
Our Business Associates.
There are some services provided
in our organization through contacts
with business associates. Examples
include physician services in the
Emergency Department and Radiology,
certain laboratory tests, and a copy
service we use when making copies of
your health record. When these
services are contracted, we may
disclose your health information to
our business associate so that they
can perform the job we've asked them
to do and bill you or your third
party payer for services rendered.
So that your health information is
protected, however, we require the
business associate to sign a
contract ensuring their commitment
to protect your PHI consistent with
this Notice and to appropriately
safeguard your information.
C. Uses and Disclosures of
Your Protected Health Information
that Require Your Authorization.
In addition to our use of your
health information for treatment,
payment or healthcare operations,
you may give us written
authorization, different from the
Minnesota Patient Consent, to use
your health information or to
disclose it to anyone for any
purpose. If you give us an
authorization, you may revoke it in
writing at any time. Your revocation
will not affect any use or
disclosures permitted by your
authorization while it was in
effect. Unless you give us a written
authorization, we cannot use or
disclose your health information for
any reason except those described in
this Notice.
- Research: We may
disclose information to external
researchers with your
authorization, which we will
attempt to collect in a manner
consistent with applicable state
laws.
- Marketing: We will
not be able to use or disclose
your name, contact information
or other PHI for purposes of
marketing without your written
authorization. This does not
include informing you about
treatment alternatives or other
health related products or
services that may be of interest
to you.
- Fundraising: We may
use and/or disclose PHI about
you, including disclosure to a
foundation, to contact you to
raise money for our
organization. We would only
release contact information and
the dates you received treatment
or services at our facility. If
you do not want to be contacted
in this way, you must notify in
writing our contact person
listed in this Notice.
D. Uses and Disclosures of Your
Protected Health Information that
Require Your Opportunity to Agree or
Object.
In the following instances we
will provide you the opportunity to
agree or object to a use or
disclosure of your PHI:
- Facility Directory:
Unless you notify us that you
object, we will use your name,
location in the facility,
general condition, and religious
affiliation for directory
purposes. This information may
be provided to members of the
clergy and, except for religious
affiliation to other people who
ask for you by name.
- Notification: We may
use or disclose information to
notify or assist in notifying a
family member, personal
representative, or another
person responsible for your
care, your location, and general
condition.
- Communication with
Family: Health
professionals, using their best
judgment, may disclose to a
family member, other relative,
close personal friend or any
other person you identify,
health information relevant to
that person's involvement in
your care or payment related to
your care.
If you would like to object to
our use or disclosure of PHI about
you in the above circumstances,
please call our contact person
listed at the end of this Notice.
E. Use And Disclosure Authorized
by Law that Do Not Require Your
Consent, Authorization or
Opportunity to Agree or Object.
Under certain circumstances we
are authorized to use and disclose
your health information without
obtaining a consent or authorization
from you or giving you the
opportunity to agree or object.
These include:
- When the use and/or
disclosure is authorized or
required by law. For
example, when a disclosure is
required by federal, state or
local law or other judicial or
administrative proceeding.
- When the use and/or
disclosure is necessary for
public health activities.
For example, we may disclose PHI
about you if you have been
exposed to a communicable
disease or may otherwise be at
risk of contracting or spreading
a disease or condition.
- When the disclosure
relates to victims of abuse,
neglect or domestic violence.
- When the use and/or
disclosure is for health
oversight activities. For
example, we may disclose PHI
about you to a state or federal
health oversight agency which is
authorized by law to oversee our
operations.
- When the disclosure is
for judicial and administrative
proceedings. For example, we
may disclose PHI about you in
response to an order of a court
or administrative tribunal.
- When the disclosure is
for law enforcement purposes.
For example, we may disclose PHI
about you in order to comply
with laws that require the
reporting of certain types of
wounds or other physical
injuries.
- When the use and/or
disclosure relates to
decedents. For example, we
may disclose PHI about you to a
coroner or medical examiner,
consistent with applicable laws,
to carry out their duties.
- When the use and/or
disclosure relates to
products regulated by the Food
and Drug Administration (FDA):
We may disclose to the FDA
health information relative to
adverse events with respect to
food, supplements, product and
product defects or post
marketing surveillance
information to enable product
recalls, repairs or replacement.
- When the use and/or
disclosure relates to
cadaveric organ, eye or tissue
donation purposes.
Consistent with applicable law,
we may disclose health
information to organ procurement
organizations or other entities
engaged in the procurement,
banking, or transplantation of
organs for the purpose of tissue
donation and transplant.
- When the use and/or
disclosure relates to
Worker's Compensation
information: We may disclose
health information to the extent
authorized by and to the extent
necessary to comply with laws
relating to workers compensation
or other similar programs
established by law.
- When the use and/or
disclosure is to avert a
serious threat to health or
safety. For example, we may
disclose PHI about you to
prevent or lessen a serious and
eminent threat to the health or
safety of a person or the
public.
- When the use and/or
disclosure relates to
specialized government
functions. For example, we
may disclose PHI about you if it
relates to military and
veterans' activities, national
security and intelligence
activities, protective services
for the President, and medical
suitability or determinations of
the Department of State.
- When the use and/or
disclosure relates to
correctional institutions
and in other law enforcement
custodial situations. For
example, in certain
circumstances, we may disclose
PHI about you to a correctional
institution having lawful
custody of you.
YOUR INDIVIDUAL RIGHTS
A. Right to Request Restrictions
on Uses and Disclosures of PHI.
You have the right to request
that we restrict the use and
disclosure of PHI about you. We are
not required to agree to your
requested restrictions. However,
even if we agree to your request, in
certain situations your restrictions
may not be followed. These
situations include emergency
treatment, disclosures to the
Secretary of the Department of
Health and Human Services, and uses
and disclosures described in
subsection 4 of the previous section
of this Notice. You may request a
restriction by submitting your
request in writing to us. We will
notify you if we are unable to agree
to your request.
B. Right to Request
Communications via Alternative Means
or to Alternative Locations.
Periodically, we will contact you
by phone, email, postcard reminders,
or other means to the location
identified in our records with
appointment reminders, results of
tests or other health information
about you. You have the right to
request that we communicate with you
through alternative means or to
alternative locations. For example,
you may request that we contact you
at your work address or phone number
or by email. While we are not
required to agree with your request,
we will make efforts to accommodate
reasonable requests. You must submit
your request in writing.
C. Right to See and Copy PHI.
You have the right to request to
see and receive a copy of PHI
contained in clinical, billing and
other records used to make decisions
about you. Your request must be in
writing. We may charge you related
fees. Instead of providing you with
a full copy of the PHI, we may give
you a summary or explanation of the
PHI about you, if you agree in
advance to the form and cost of the
summary or explanation. There are
certain situations in which we are
not required to comply with your
request. Under these circumstances,
we will respond to you in writing,
stating why we will not grant your
request and describing any rights
you may have to request a review of
our denial.
D. Right to Request Amendment of
PHI.
You have the right to request
that we make amendments to clinical,
financial and other health-related
information that we maintain and use
to make decisions about you. Your
request must be in writing and must
explain your reason(s) for the
amendment and, when appropriate,
provide supporting documentation. We
may deny your request if: 1) the
information was not created by us
(unless you prove the creator of the
information is no longer available
to amend the record); 2) the
information is not part of the
records used to make decisions about
you; 3) we believe the information
is correct and complete; or 4) you
would not have the right to see and
copy the record as described in
paragraph 3 above. We will tell you
in writing the reasons for the
denial and describe your rights to
give us a written statement
disagreeing with the denial. If we
accept your request to amend the
information, we will make reasonable
efforts to inform others of the
amendment, including persons you
name who have received PHI about you
and who need the amendment.
E. Right to Request and
Accounting of Disclosures of PHI.
You have the right to a listing
of certain disclosures we have made
of your PHI. You must request this
in writing. You may ask for
disclosures made up to six (6) years
before the date of your request (not
including disclosures made prior to
April 14, 2003). The list will
include the date of the disclosure,
the name (and address, if available)
of the person or organization
receiving the information, a brief
description of the information
disclosed, and the purpose of the
disclosure. If, under permitted
circumstances, PHI about you has
been disclosed for certain types of
research projects, the list may
include different types of
information. If you request a list
of disclosures more than once in 12
months, we can charge you a
reasonable fee.
F. Right to Receive a Copy of
This Notice.
You have the right to request and
receive a paper copy of this Notice
at any time. We will provide a copy
of this Notice no later than the
date you first receive service from
us (except for emergency services or
when the first contact is not in
person, and then we will provide the
Notice to you as soon as possible).
We will make this Notice available
in electronic form and post it in
our web site.
QUESTIONS OR COMPLAINTS
If you want more information
about our privacy practices or have
questions or concerns, please
contact our Privacy Official. If you
are concerned that we may have
violated your privacy rights, or you
disagree with a decision we made
about access to your health
information or in response to a
request you made to amend or
restrict the use or disclosure of
your health information or to have
us communicate with you by
alternative means or at alternative
locations, you may file a complain
with our Privacy Official. You can
also submit a written complaint to
the U.S. Department of Health and
Human Services. We will provide you
with the address to file your
complaint with the U.S. Department
of Health and Human Services upon
request.
We support your right to the
privacy of your health information.
We will not retaliate in any way if
you choose to file a complaint with
us or with the U.S. Department of
Health and Human Services.
Privacy Office Contact
Information
Address:
Kari Dose, Mount Olivet Rolling
Acres
7200 Rolling Acres Rd
P.O. Box 220, Victoria, MN 55386
Telephone: 952-401-4843
Fax: 952-474-3652
E-mail:
KariD@mtolivetrollingacres.org