HIPAA/HITECH PRIVACY NOTICE 

What is HIPAA and HITECH?

The Health Insurance Portability Accountability Act of 1996 (HIPAA) and the Health Information Technology Economic Clinical Health Act of 2009 (HITECH) provides laws, guidelines and penalties regarding Protected Health Information. As required, this Notice describes how Protected Health Information (PHI) may be used and disclosed and how you can access your PHI. Further, a person’s medical record (PHI) is the property of the business entity that creates the record and is not the property of the patient/ Resident of that Facility. Please review this notice carefully.

Compliance

This Privacy Notice describes the privacy practices and safeguards of Bedford Care Centers, Bedford Alzheimer’s Care Center and HMP Management Corporation, herein referred to as “Facility”, relating to your Protected Health Information and services, or for the Protected Health Information and services for the person for whom you serve as personal representative. Please note, “You” refers to the Patient / Resident of the Facility. This Notice applies to the practices of the Facility and its Business Associates who contractually agree to safeguard Protected Health Information.

Pledge Regarding Protected Health Information

The Facility is committed to and is required by law, to safeguard your Protected Health Information (PHI). This Notice applies to PHI in paper or electronic form, maintained and/or transmitted by healthcare providers, healthcare clearinghouses, such as agencies that help in electronic transmission of data and health plans, including insurance companies, HMOs, employee health plans, Medicare, Medicaid, and Champus. PHI covered under this Notice is information that could be identified with you, such as name, address, date of birth, medical record numbers, license numbers, and account numbers that relates to diagnoses, condition, healthcare services you have received or will receive, and payment for those services. This Notice provides you with information about the duties and privacy practices of the Facility that protect PHI as required by law. This Notice also describes your rights regarding use and disclosure of PHI.

The effective date of this notice is as of the date referenced above.  The Facility must follow the terms of this Notice until it is replaced. The Facility reserves the right to change the terms of this notice at any time. If the Facility makes changes to this notice, a new Notice will be sent to you or your personal representative at that time. The Facility reserves the right to apply changes to PHI maintained by the Facility before and after the effective date of any new Notice.

How Protected Health Information May Be Used And Disclosed

The Facility may use and disclose Protected Health Information (PHI) for purposes, such as:

  •  PHI may be disclosed to a physician or other healthcare providers for your treatment and care
  •  PHI may be disclosed to your insurance companies, Medicaid, Medicare or others to be paid for services
  • PHI may be used for treatment, payment and business operations such as, Quality Improvement purposes, conducting or arranging for medical review, legal services, audit services, data collection, care coordination and case management
  • PHI may be used to contact you or your representative regarding your care, treatment options, or other health‑related services
  • PHI must be released when required by federal, state, or local law. For example, the Facility must allow the U.S. Department of Health and Human Services to audit records.
  • PHI may be disclosed to Business Associates, including but not limited to, accountants, administrators, actuaries, billing services, and other organizations or persons engaged, contracted or hired to provide services to the Facility. Each Business Associate must agree in writing to ensure the confidentiality and security of PHI. Business Associates must promptly inform the Facility of any breach regarding the privacy of your PHI.

Other Situations

The Facility may also use and disclose PHI in these circumstances:

  • To comply with legal proceedings, such as a Court Order or Subpoena
  • To law enforcement officials for law enforcement purposes
  • To your authorized personal representative, or relative, or other person responsible for or helping with your care, healthcare decisions, payment for care, or death to the extent the information is necessary for the person’s involvement with your care and/or payment for care
  • To persons or government agencies designated by applicable law for research purposes in limited circumstances
  • For a Facility Directory, unless you object, with your name, room number, general condition and religious affiliation. This information will be provided to members of the clergy and, except for religious affiliation, to visitors who ask for you by name.
  • Unless you object, we may post your name on your door to identify your room.
  • To a Coroner, Medical Examiner, or Funeral Director
  • To an organ donor organization with your authorization
  • To prevent a serious threat to your health or safety or the health or safety of others, and/or during disaster situations
  • To a government agency authorized to oversee healthcare systems or government programs
  • To federal officials for lawful intelligence, counterintelligence and other national security purposes
  • To Public Health Authorities for public health purposes
  • To military authorities, if you were, or are a member of the armed forces
  • On a limited basis for healthcare associations only to the extent of demographic information and dates of service
  • To the extent authorized by laws relating to workers’ compensation or similar programs
  • As authorized by law, relating to abuse or neglect to you or another vulnerable person

Uses And Disclosures With Your Authorization

The Facility will not use or disclose PHI for other purposes than those listed above without your authorization. If you give authorization to use or disclose PHI for another purpose not described above, you may revoke it at any time and the Facility will no longer use or disclose your PHI for the reasons revoked. However, the Facility would not be responsible for the use of disclosures you authorized before you revoke your authorization.

Yours Rights Regarding Protected Health Information

Right to Request Restrictions:

  • You have the right to place additional restrictions on the Facility’s use and disclosure of Protected Health Information. To request such restrictions, you must put your request in writing to the Facility’s Administrator / Privacy Officer.
  •  Your request must describe the information you want to limit, whether you want to limit the information’s use or disclosure, and to whom you want the limits to apply. However, the Facility may not always be able to agree to your request.

Right to Request Confidential Communications

  • You have the right to ask that the Facility communicate only with you or certain others about Protected Health Information. For example, you may request that the Facility not call any relative by telephone not leave voice messages, and/or send mail to a Post Office box. Your request must be in writing and must state the details of your request regarding communications.
  •  The Facility may not be able to agree to some requests when certain communication is necessary to avoid endangering you, or if your request would prevent the Facility from receiving payment.

Right to Inspect and Copy

You have the right to inspect and obtain copies of PHI about your care at the facility. There is no charge for review of your PHI. However, if copies are requested, the Facility will charge a fee for the costs of copying, mailing and other charges as specified by MS Code § 11-1-51. The Facility will notify you in advance of copy charges and you may choose to withdraw or modify your request at that time.

Right to Amend

If you feel that your PHI is incorrect or incomplete, you may submit a written statement regarding your PHI, which will be reviewed.  If your submitted information is validated, your PHI will be amended.  Your request must be in writing with supporting documentation and must be submitted to the facility’s Administrator.

Right to an Accounting of Disclosures

You have the right to request an “accounting of disclosures” made for any purpose other than Treatment, Payment, Business Operations, disclosures to correctional institutions or law enforcement officials, disclosures for national security or intelligence purposes, or disclosures authorized by you.

To request a list of disclosures, you must submit your request in writing to the Facility’s Administrator. Your request must state a time period. However, requests are not valid for longer than six years, or for dates prior to April 2003. The Facility may charge copy fees for providing the list. The Facility will notify you in advance of the cost and you may choose to withdraw or modify your request at that time.

Right to a Paper Copy of this Notice

You have the right to be provided with a copy of this notice at no charge from the Facility, or Click Here to obtain a copy of this notice electronically.

Questions or Complaints

If you have any questions or complaints regarding this Privacy Notice, or your privacy rights, please contact the Facility’s Administrator, who is the Facility’s Privacy Officer, or you may contact Corporate Compliance toll-free at 1-866-225-3258, or you may file a complaint with the Secretary of the Department of Health and Human Services, 200 Independence Avenue, S.W., Washington, D.C. 20201, or at 877-696-6775.

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