PRIVACY NOTICE
(effective April 14, 2003)
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION
ABOUT PATIENTS MAY BE USED AND DISCLOSED, AND HOW PATIENTS CAN
GET ACCESS TO THIS INFORMATION. PATIENTS SHOULD REVIEW IT CAREFULLY,
AND QUESTIONS ABOUT THIS NOTICE SHOULD BE DIRECTED TO INDIANA
BLOOD AND MARROW TRANSPLANTATION.
OUR PLEDGE REGARDING MEDICAL INFORMATION:
We are required by law to maintain the privacy
of our health information and to provide our patients with notice
of our legal duties and privacy practices.
HOW MAY IBMT USE AND DISCLOSE MEDICAL INFORMATION:
The following categories describe different ways
that medical information is used and disclosed. All of the ways
Indiana Blood and Marrow Transplantation ("IBMT")
is permitted to use and disclose patient information will fall
within one of the following categories and may be disclosed
orally, in writing or electronically.
For Treatment:
-
IBMT may use a patient's medical information
to provide a patient with treatment or services;
-
IBMT may disclose a patient's information
to doctors, nurses, technicians or other personnel involved
in a patient's care. For example, a doctor treating
your cancer will need to know if you have diabetes because
diabetes may slow the healing process. Different departments
may share medical information about a patient in order to
coordinate a patient's care. IBMT may also disclose medical
information about a patient to people outside IBMT who may
be involved in a patient's care after a patient leaves.
For Payment:
- IBMT may use and disclose a patient's medical information
in order that IBMT can bill for treatment and services a patient
received and collect payment for same. For example,
IBMT may give a patient's health information to a patient's
insurance company about treatment a patient received so that
IBMT will be paid or reimbursed for treatments or services rendered
to that patient. An insurance company may also be advised about
future treatment a patient may receive in order to obtain prior
insurance approval for such treatment, or to find out whether
such treatment will be covered under its policy.
For Health Care Operations:
- IBMT may use and disclose medical information about a patient
for its business operations. These uses and disclosures are
necessary to run IBMT and make sure that all of its patients
receive quality care. For example, IBMT may combine
medical information about many patients to review its treatment
and services and to evaluate its performance. This information
may be used to decide what additional services should be offered,
what services are not needed and whether certain new treatments
are effective. This information may also be combined with medical
information from other health care providers to compare how
IBMT is doing and see where it can make improvements in its
care and services offered. This information may be disclosed
to physicians, nurses, technicians and other personnel for review
and learning purposes. IBMT may remove identifying information
from medical records so that others may use it to study health
care and health care delivery without learning who the specific
patients are.
Individuals Involved in a Patient's Care or Payment for a
Patient's Care:
- Unless a patient objects, IBMT may disclose to a member of
a patient's family, a relative or a close friend or any other
person a patient identifies, a patient's protected health information
that directly related to that person's involvement in a patient's
health care or payment related to a patient's care. If a patient
is unable to agree or to object to such a disclosure, IBMT may
disclose such information, as necessary, if it determines that
it is in a patient's best interest based on its professional
judgment.
Research:
- Under certain circumstances, IBMT may use and disclose medical
information about a patient for research purposes. For
example:
- IBMT may release medical information about a patient to
researchers preparing to conduct a research project who
need to know how many patients have a specific health problem;
- IBMT may use and disclose medical information about a
patient for research purposes if the research project involves
comparing the health and recovery of all patients who received
a certain medication to those who received another medication
for the same condition. In that situation, a patient would
not be identified or contacted, but the patient's medical
information may be used anyway.
- In other studies, if a physician caring for a patient
believes that a patient may be interested in, or benefit
from, a research study, that patient's physician will approve
someone to contact that patient to see if that patient may
be interested in the study. At that time, a patient may
be contacted with more information and would have the right
to authorize continued contact or may refuse further contact.
THE FOLLOWING USES AND DISCLOSURES ARE REQUIRED OR PERMITTED
BY LAW:
- To Avert a Serious Threat to Health or Safety:
IBMT may use and disclose medical information about a patient
when necessary to prevent a serious threat to a patient's health
and safety or the health and safety of the public or another
person. Any disclosure would only be to someone able to help
prevent such a threat.
- Public Health Risks and Patient Safety Issues:
IBMT may disclose medical information about a patient for
public health activities or to ensure a patient's safety. These
activities may include the following:
- To prevent or control disease, injury or disability;
- To report reactions to medications or problems with products;
- To notify people of recalls of products or medications
they may be using; and,
- To notify a patient who may have been exposed to a disease
or may be at risk for contracting or spreading a disease
or condition.
- Health Oversight Activities: IBMT may disclose
medical information to a health oversight agency for activities
authorized by law, which may include 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 an IBMT patient is
involved in a lawsuit or a dispute, IBMT may disclose medical
information about a patient in response to a court or administrative
order. IBMT may also disclose medical information about a patient
in response to a subpoena, discovery request or other lawful
process by someone else involved in the dispute.
- Law Enforcement: IBMT may release medical
information about a patient if asked to do so by a law enforcement
official in the following circumstances:
- 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, IBMT is unable to obtain the person's consent;
- About a death IBMT believes may be the result of criminal
conduct;
- About criminal conduct at the IBMT Clinic; and,
- 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.
- National Security and Intelligence Activities:
IBMT may release medical information about a patient to
authorized Federal officials for intelligence, counterintelligence
and other national security activities authorized by law.
- Protective Services for the President and Others:
IBMT may disclose medical information about a patient to authorized
Federal officials so that they may provide protection to the
President, other authorized persons or foreign heads of state
or conduct special investigations.
OTHER USES OF MEDICAL INFORMATION:
Other uses and disclosures of medical information not covered
by this notice or law will be made only with a patient's written
permission. If a patient provides IBMT permission to use or disclose
medical information, that patient may revoke that permission,
in writing, at any time. If a patient revokes his or her permission,
IBMT will no longer use or disclose medical information about
that patient for the reasons covered by that patient's written
authorization. IBMT is unable to take back any disclosures it
has already made with a patient's permission, and IBMT is required
to retain its records to reflect any care that it has already
provided to a patient.
PATIENT RIGHTS REGARDING MEDICAL INFORMATION:
- Right to Inspect and Copy: A patient
has the right to inspect and copy medical information that may
be used to make decisions about his or her care. This includes
medical and billing records, but does not include psychotherapy
notes. IBMT has the right to charge a nominal fee to cover the
cost of copying, mailing and other supplies associated with
a patient's request.
- Right to Amend: If a patient feels that medical
information that IBMT has is incorrect, that patient has the
right to request an amendment. This request must be in writing
and must include a reason to support the request for the amendment.
This request may be denied if IBMT is requested to amend information
that:
- Was not created by IBMT;
- Is not part of the medical information kept by IBMT;
- Is not part of the information which a patient would be
permitted to inspect and copy; or,
- Is accurate and complete.
- Right to an Accounting of Disclosures: A patient
has the right to request a list of people who he or she authorized
to see his or her medical records. This request must be submitted
in writing to IBMT and must include a time period not to exceed
six years and may not include dates before April 14, 2003. The
first list requested within a 12-month period will be free.
For additional lists, IBMT may charge a fee for this service.
The patient will be notified of the cost of this service in
advance, at which time the request may be withdrawn or modified
before any costs are incurred.
- Right to Request Restrictions: A patient has
the right to request a restriction or limitation on the ways
medical information is used, and to request a limit on the medical
information IBMT discloses to someone who is involved in a patient's
care or the payment for care, such as a family member or friend.
For example, a patient could ask that IBMT not
use or disclose information about a surgery they had.
IBMT is not required to agree to a patient's request.
If IBMT does not agree, it will comply with a patient's request
unless the information is needed to provide a patient with emergency
treatment. To request restrictions, a patient must make his
or her request in writing to IBMT, which request must include
what information is to be limited; whether the patient wishes
to limit IBMT's use, disclosure or both; and to whom the patient
wants the limits to apply, for example, disclosures
to a patient's spouse.
- Right to Request Confidential Communications:
A patient has the right to request that IBMT communicate
with the patient about medical matters in a certain way or at
a certain location. For example, a patient can ask that IBMT
only contact him or her at work or by mail. This request should
be made in writing and submitted to IBMT, specifying how or
where he or she wants to be contacted. The reason for this request
will not be questioned, and all efforts will be made to honor
such a request.
- Right to a Paper Copy of this Notice:
Patients have a right to a paper copy of this notice at any
time, even if he or she has agreed to receive this notice electronically.
CHANGES TO THIS NOTICE:
IBMT reserves the right to change this notice and to make the
revised or changed notice effective for medical information it
already has about a patient, as well as any information it receives
in the future. A copy of the current notice will be posted in
the IBMT Clinic and will contain its effective date. In addition,
each time a patient registers at the IBMT Clinic for treatment
or health care services, a copy of the current notice shall be
made available to them.
COMPLAINTS:
If a patient believes their privacy rights have
been violated, a complaint may be filed either with IBMT or with
the Secretary of the Department of Health and Human Services.
All complaints must be submitted in writing.
A PATIENT WILL NOT BE PENALIZED FOR FILING A COMPLAINT.
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