Privacy Policy

 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.
 

Our agency is required by law to
maintain the privacy of protected health information, to provide you adequate
notice of your rights and our legal duties and privacy practices with respect
to protected health information and to notify affected individuals following a
breach of unsecured protected health information. [45 CFR § 164.520] We will
use or disclose protected health information in a manner that is consistent
with this notice.
 

The agency maintains a record
(paper/electronic file) of the information we receive and collect about you and
of the care we provide to you. This record includes
assessments, medication lists, clinical
progress notes and billing information.
 

As required by law, the agency
maintains policies and procedures about our work practices, including how we
coordinate care and services provided to our clients. These policies and
procedures include how we create, receive, access, transmit, maintain and
protect the confidentiality of all health information in our workforce and with
contracted business associates and/or subcontractors; security of the agency
building and electronic files; and how we educate staff on privacy of patient
information.
 

As our clients,
information about you must be used and disclosed to other parties for purposes
of
treatment, payment and health care operations. Examples of
information that must be disclosed:
  

  • Treatment: Providing,
    coordinating or managing health care and related services, consultation
    between healthcare providers relating to a client or referral of a client
    for health care from one provider to another. For example, we meet on a
    regular basis to discuss how to coordinate care for clients and to
    schedule visits.
     
  • Payment: Billing and collecting for
    services provided, determining plan eligibility and coverage, utilization
    review (UR), medical/non-medical necessity review. For example,
    occasionally the insurance company requests a copy of the medical record
    be sent to them for a coverage review prior to paying the bill.
     
  • Health Care Operations: General
    agency administrative and business functions, quality
    assurance/improvement activities; medical review; auditing functions;
    developing clinical guidelines; determining the competence or
    qualifications of health care professionals; evaluating agency
    performance; conducting training programs licensing, survey,
    certification, accreditation and credentialing activities; internal
    auditing; and certain fundraising activities and with your authorization,
    marketing activities. For example, our agency periodically holds clinical
    record review meetings where the consulting professional of our record
    review committee will audit clinical records for meeting professional
    standards and utilization review.
     

The following uses and
disclosures do not require your consent, and include, but are not limited to, a
release of information contained in financial records and/or medical records,
including information concerning communicable diseases such as Human Immunodeficiency
Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS), drug/alcohol abuse,
psychiatric diagnosis and treatment records and/or laboratory test results,
medical history, treatment progress and/or any other related information as
permitted by state law to:
  

  • Your insurance
    company, self-funded or third-party health plan, Medicare, Medicaid or any
    other person or entity that may be responsible for paying or processing
    for payment any portion of your bill for services;
     
  • Any person or
    entity affiliated with or representing us for purposes of administration,
    billing and quality and risk management;
     
  • Any hospital,
    nursing home or other health care facility to which you may be admitted;
     
  • Any assisted
    living or personal care facility of which you are a resident;
     
  • Any physician
    providing you care;
     
  • Licensing and
    accrediting bodies, including the information contained in the OASIS Data
    Set to the state agency acting as a representative of the
    Medicare/Medicaid program;
     
  • Contact you to
    raise funds for the Agency; you will be given the right to opt out of
    receiving such communications;
     
  • Any business
    associate or institutionally related foundation for the purpose of raising
    funds for the agency (information may include: demographics – name,
    address, contact information, age, gender, date of birth; dates of health
    care provided; department of services; treating physician; outcome
    information; and health insurance status). You will be given the right to
    opt out;
     
  • Marketing
    communications promoting products, services and information if the
    communication is made face to face with you or the only financial gain
    consists of a promotional gift of nominal value provided by the agency;
    and
     
  • Other health
    care providers to initiate treatment.
     

We are permitted
to use or disclose information about you without consent or authorization in
the following circumstances:
  

  • In emergency treatment situations,
    if we attempt to obtain consent as soon as practicable after treatment;
     
  • Where substantial barriers to communicating with you exist
    and we determine that the consent is clearly inferred from the
    circumstances;
     
  • Where
    we are
    required by law to
    provide treatment and we are unable to obtain consent;
     
  • Where
    the use or disclosure of medical information about you
    is required by federal, state or local law; 
  • To
    provide information
    to state or
    federal public health authorities
    , as required by law to:
    prevent or control disease, injury or disability; report births and
    deaths; report child abuse or neglect; report reactions to medications or
    problems with products; notify persons of recalls of products they may be
    using; notify a person who may have been exposed to a disease or may be at
    risk for contracting or spreading a disease or condition; and notify the
    appropriate government authority if we believe a patient has been the
    victim of abuse, neglect or domestic violence (if you agree or when
    required or authorized by law);
      
  • Health care oversight activities such
    as audits, investigations, inspections and licensure by a government
    health oversight agency as authorized by law to monitor the health care
    system, government programs and compliance with civil rights laws;
     
  • To business associates regulated
    under HIPAA that work on our behalf under a contract that requires
    appropriate safeguards of protected health information;
     
  • Certain judicial administrative proceedings in
    response to a court or administrative order, a subpoena, discovery request
    or other lawful process by someone else involved in the dispute, but only
    if efforts have been made to tell you about the request or to obtain an
    order from the Court protecting the information requested;
     
  • Certain law enforcement purposes such
    as helping to determine whether a crime has occurred, to alert law
    enforcement to a crime on our premises or of your death if we suspect it
    resulted from criminal conduct, identify or locate a suspect, fugitive,
    material witness or missing person, or to comply with a court order or
    subpoena and other law enforcement purposes;
     
  • To coroners, medical examiners and funeral directors,
    in certain circumstances, for example, to identify a deceased person,
    determine the cause of death or to assist in carrying out their duties;
     
  • For certain research purposes under
    very select circumstances. We may use your health information for
    research. Before we disclose any of your health information for such
    research purposes, the project will be subject to an extensive approval
    process. We will usually request your written authorization before
    granting access to your individually identifiable health information;
     
  • To avert a serious threat to health and safety:
    To prevent or lessen a serious and imminent threat to the health or safety
    of a particular person or the general public, such as when a person admits
    to participation in a violent crime or serious harm to a victim or is an
    escaped convict. Any disclosure, however, would only be to someone able to
    help prevent the threat;
     
  • For specialized government functions,
    including military and veterans’ activities, national security and
    intelligence activities, protective services for the President, foreign
    heads of state and others, medical suitability determinations,
    correctional institution and custodial situations; and
     
  • For Workers’ Compensation purposes:
    Workers’ compensation or similar programs provide benefits for
    work-related injuries or illness.
     

We are permitted
to use or disclose information about you provided you are informed in advance
and given the opportunity to individually agree to, prohibit, opt out or
restrict the disclosure in the following circumstances:
  

  1. Use of a directory (includes name, location, condition described in
    general terms) of individuals served by our Agency;
     
  2. Provide a
    family member, relative, friend or other identified person, prior to, or
    after your death, the information relevant to such person’s involvement in
    your care or payment for care; to notify a family member, relative, friend
    or other identified person of your location, general condition or death.
     

Other uses and
disclosures not covered in this notice will be made only with your
authorization. Authorization may be revoked, in writing, at any time, except in
limited situations for the following disclosures:
  

  1. Marketing of products or services or treatment alternatives that
    may be of benefit to you when we receive direct payment from a third party
    for making such communications;
     
  2. Psychotherapy
    notes under most circumstances, if applicable; and
     
  3. Any sale of
    protected health information resulting in financial gain by the agency
    unless an exception is met.
     

YOUR
RIGHTS

You have the right, subject to certain conditions, to:
  

  • Request restrictions on uses and disclosures of your
    protected health information
    for treatment,
    payment or health care operations. However, we are not required to agree
    to any requested restriction. Restrictions to which we agree will be
    documented. Agreements for further restrictions may, however be terminated
    under applicable circumstances (e.g., emergency treatment).We must agree
    to your request to restrict disclosure of protected health information
    about you to a health plan if: 1) the disclosure is for the purpose of
    carrying out payment or home care operations and is not otherwise required
    by law; and 2) the protected health information pertains solely to a
    health care item or service for which you or someone on your behalf paid
    the covered entity in full. (164.522 Rights to request privacy protection
    for protected health information).
     
  • Confidential communication of protected health
    information.
    We will arrange for you to receive
    protected health information by reasonable alternative means or at
    alternative locations. Your request must be in writing. We do not require
    an explanation for the request as a condition of providing communications
    on a confidential basis and will attempt to honor reasonable requests for
    confidential communications. If you request your protected health
    information to be transmitted directly to another person designated by
    you, your written request must be signed and clearly identify the
    designated person and where the copy of protected health information is to
    be sent.
     
  • Inspect and obtain copies of protected health
    information
    that is maintained in a designated
    record set, except for psychotherapy notes, information compiled in
    reasonable anticipation of, or for use in, a civil, criminal or
    administrative action or proceeding, or protected health information that
    may not be disclosed under the Clinical Laboratory Improvements Amendments
    of 1988 [42 USC § 263a and 45 CFR § 493 (a)(2)]. If you request a copy of
    your health information, we will charge a reasonable, cost-based fee that
    includes only the cost of labor for copying, supplies and postage, if
    applicable, in accordance with applicable state and federal regulations.
    If the requested protected health information is maintained electronically
    and you request an electronic copy, we will provide access in an electronic
    format you request, if readily producible, or if not, in a readable
    electronic form and format mutually agreed upon. If we deny access to
    protected health information, you will receive a timely, written denial in
    plain language that explains the basis for the denial, your review rights
    and an explanation of how to exercise those rights. If we do not maintain
    the medical record, we will tell you where to request the protected health
    information.
     
  • Request to amend protected health information for
    as long as the protected health information is maintained in the
    designated record set. A request to amend your record must be in writing
    and must include a reason to support the requested amendment. We will act
    on your request within sixty (60) days of receipt of the request. We may
    extend the time for such action by up to 30 days, if we provide you with a
    written explanation of the reasons for the delay and the date by which we
    will complete action on the request. We may deny the request for amendment
    if the information contained in the record was not created by us, unless
    you provide a reasonable basis for believing the originator of the
    information is no longer available to act on the requested amendment; is
    not part of the designated medical record set; would not be available for
    inspection under applicable laws and regulations; or the record is
    accurate and complete. If we deny your request for amendment, you will
    receive a timely, written denial in plain language that explains the basis
    for the denial, your rights to submit a statement disagreeing with the
    denial and an explanation of how to submit that statement.
     
  • Receive an accounting of disclosures of protected health
    information
    made by our Agency for up to six (6)
    years prior to the date on which the accounting is requested for any
    reason other than for treatment, payment or health operations and other
    applicable exceptions. The written accounting includes the date of each
    disclosure, the name/address (if
    known)
    of the entity or person who received the protected health information, a
    brief description of the information disclosed and a brief statement of
    the purpose of the disclosure or a copy of the written request for
    disclosure. We will provide the accountings within 60 days of receipt of a
    written request. However, we may extend the time period for providing the
    accounting by 30 days if we provide you with a written statement of the
    reasons for the delay and the date by which you will receive the information.
    We will provide the first accounting you request during any 12-month
    period without charge. Subsequent accounting requests may be subject to a
    reasonable cost-based fee.
     
  • Receive notification of any breach in the acquisition,
    access, use or disclosure
    of unsecured protected
    health information by the agency, its business associates and/or
    subcontractors.
     
  • Obtain a paper copy of this notice,
    even if you had agreed to receive this notice electronically, from us upon
    request.
     

COMPLAINTS
If
you believe that your privacy rights have been violated, you may complain to
the Agency or to the Secretary of the U.S. Department of Health and Human
Services. There will be no retaliation against you for filing a complaint. The
complaint should be filed in writing, and should state the specific incident(s)
in terms of subject, date and other relevant matters.
 

  

  

  

The Complaint
Administration Unit receives and processes complaints about the quality of care
provided in Florida's health care facilities.
 

If you wish to
file a complaint against a licensed health care facility regulated by the
Agency for Health Care Administration, please contact us at 1-888-419-3456 /
800-955-8771 Florida Relay Service (TDD number) or use our
Licensed
Health Care Facility Complaint Form
. 

To file a
complaint against an unlicensed health care facility, please contact us at
1-888-419-3456 / 800-955-8771 Florida Relay Service (TDDumber) or submit
an
Unlicensed Health Care Facility Complaint Form. 

From <https://ahca.myflorida.com/mchq/field_ops/cau.shtml>