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.

 

Top of the Page