TAMA COUNTY
NOTICE OF PRIVACY PRACTICES
Effective: April 14, 2003
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.
This notice will tell you
how we may use and disclose protected health information about you. Protected health information means any
health information about you that identifies you or for which there is a
reasonable basis to believe the information can be used to identify you. In this notice, we call all of that
protected health information, “medical information.” This notice also will tell you about your rights and our duties
with respect to medical information about you.
In addition, it will tell you how to complain to us if you believe we
have violated your privacy rights.
How We May Use and Disclose Medical Information About You
We use and disclose medical
information about you for a number of different purposes. Each of those
purposes is described below.
1. For Treatment.
We may use medical
information about you to provide, coordinate or manage your health care and
related services by both us and other health care providers. We may disclose medical information about
you to doctors, nurses, hospitals and other health facilities who become
involve in your care. We may consult
with other health care providers concerning you and as part of the consultation
share your medical information with them.
Similarly, we may refer you to another health care provider and as part
of the referral share medical information about you with that provider. For example, we may conclude you need to
receive services from a physician with a particular speciality. When we refer you to that physician, we also
will contact that physician’s office and provide medical information about you
to them so they have information they need to provide services for you.
2. For Payment.
We may use and disclose
medical information about you so we can be paid for the services we provide to
you. This can include billing you, your
insurance company, or a third party payor.
For example, we may need to give your insurance company information
about the health care services we provide to you so your insurance company will
pay us for those services or reimburse you for amounts you have paid. We also may need to provide your insurance
company or a government program, such as Medicare or Medicaid, with information
about your medical condition and the health care you need to receive to obtain
determine if you are covered by that insurance or program.
3. For Health Care
Operations.
We may use and disclose
medical information about you for our own health care operations. These are necessary for us to operate TAMA
COUNTY and to maintain quality health care for our patients. For example, we may use medical information
about you to review the services we provide and the performance of our
employees in caring for you. We may
disclose medical information about you to train our staff and students working
in TAMA COUNTY. We also may use the
information to study ways to more efficiently manage our organization.
4. How We Will Contact
You.
Unless you tell us otherwise
in writing, we may contact you by either telephone or by mail at either your home
or your office. At either location, we
may leave messages for you on the answering machine or voice mail. If you want to request that we communicate
to you in a certain way or at a certain location, see “Right to Receive
Confidential Communications” on page 4 of this Notice.
5. Appointment
Reminders.
We may use and disclose
medical information about you to contact you to remind you of an appointment
you have with us.
6. Treatment
Alternatives.
We may use and disclose
medical information about you to contact you about treatment alternatives that
may be of interest to you.
7. Health Related
Benefits and Services.
We may use and disclose
medical information about you to contact you about health-related benefits and
services that may be of interest to you.
8. Individuals
Involved in Your Care.
We may disclose to a family
member, other relative, a close personal friend, or any other person identified
by you, medical information about you that is directly relevant to that
person’s involvement with your care or payment related to your care. We also may use or disclose medical
information about you to notify, or assist in notifying, those persons of your
location, general condition, or death.
If there is a family member, other relative, or close personal friend
that you do not want use to disclose medical information about you to, please
notify the Chairperson of the TAMA COUNTY Privacy Board or tell our staff
member who is providing care to you.
9. Disaster Relief.
We may use or disclose
medical information about you to a public or private entity authorized by law
or by its charter to assist in disaster relief efforts. This will be done to coordinate with those
entities in notifying a family member, other relative, close personal friend,
or other person identified by you of your location, general condition or death.
10. Required by Law.
We may use or disclose
medical information about you when we are required to do so by law.
11. Public Health
Activities.
We may disclose medical
information about you for public health activities and purposes. This includes reporting medical information
to a public health authority that is authorized by law to collect or receive
the information for purposes of preventing or controlling disease. Or, one that is authorized to receive
reports of child abuse and neglect.
12. Victims of Abuse,
Neglect or Domestic Violence.
We may disclose medical
information about you to a government authority authorized by law to receive
reports of abuse, neglect, or domestic violence, if we believe you are a victim
of abuse, neglect, or domestic violence.
This will occur to the extent the disclosure is: (a) required by law;
(b) agreed to by you; or, (c) authorized by law and we believe the disclosure
is necessary to prevent serious harm to you or to other potential victims, or,
if you are incapacitated and certain other conditions are met, a law
enforcement or other public official represents that immediate enforcement
activity depends on the disclosure.
13. Emergencies.
We may use or disclose your protected health
information in an emergency treatment situation. If this
happens, we shall try to obtain your consent as soon
as reasonably practicable after the delivery of
treatment. If
we have attempted to obtain your consent but are unable to obtain your consent,
we may
still use or disclose your protected health
information to treat you.
14. Communication Barriers
We may use and disclose your protected health information if we attempt
to obtain consent from you but
are unable to do so due to substantial communication
barriers and we determine, using professional
judgment, that you intend to use or disclosure under
the circumstances.
15. Health Oversight
Activities.
We may disclose medical
information about you to a health oversight agency for activities authorized by
law, including audits, investigations, inspections, licensure or disciplinary
actions. These and similar types of
activities are necessary for appropriate oversight of the health care system,
government benefit programs, and entities subject to various government
regulations.
16. Judicial and
Administrative Proceedings.
We may disclose medical
information about you in the course of any judicial or administrative
proceeding in response to an order of the court or administrative
tribunal. We also may disclose medical
information about you in response to a subpoena, discovery request, or other
legal process but only if efforts have been made to tell you about the request
or to obtain an order protecting the information to be disclosed.
17. Disclosures for
Law Enforcement Purposes.
We may disclose medical
information about you to a law
enforcement official for law enforcement purposes:
a. As required by law.
b. In
response to a court, grand jury or administrative order, warrant or subpoena.
c. To
identify or locate a suspect, fugitive, material witness or missing person.
d. About an actual or suspected victim of a crime and
that person agrees to the disclosure.
If we are unable to obtain that person’s agreement, in limited
circumstances, the information may still be disclosed.
e. To alert law enforcement officials to a death if we
suspect the death may have resulted from criminal conduct.
f. About
crimes that occur at our facility.
g. To
report a crime in emergency circumstances.
18. Food and Drug Administration
We may disclose your
protected health information to a person or company required by the Food and
Drug
Administration to report adverse events, product
defects or problems, biologic product deviations, track
products; to enable product
recalls; to make repairs or replacements, or to conduct post marketing
surveillance,
as required.
19. Coroners and
Medical Examiners.
We may disclose medical
information about you to a coroner or medical examiner for purposes such as identifying a deceased
person and determining cause of death.
20. Funeral Directors.
We may disclose medical
information about you to funeral directors as necessary for them to carry out
their duties.
21. Organ, Eye or Tissue
Donation.
To facilitate organ, eye or
tissue donation and transplantation, we may disclose medical information about
you to organ procurement organizations or other entities engaged in the
procurement, banking or transplantation of organs, eyes or tissue.
22. Research.
Under certain circumstances,
we may use or disclose medical information about you for research. Before we disclose medical information for
research, the research will have been approved through an approval process that
evaluates the needs of the research project with your needs for privacy of your
medical information. We may, however,
disclose medical information about you to a person who is preparing to conduct
research to permit them to prepare for the project, but no medical information
will leave TAMA COUNTY during that person’s review of the information.
23. To Avert Serious
Threat to Health or Safety.
We may use or disclose
protected health information about you if we believe the use or disclosure is
necessary to prevent or lessen a serious or imminent threat to the health or
safety of a person or the public. We also may release information about you if
we believe the disclosure is necessary for law enforcement authorities to
identify or apprehend an individual who admitted participation in a violent
crime or who is an escapee from a correctional institution or from lawful
custody.
24. Military.
If you are a member of the
Armed Forces, we may use and disclose medical information about you for (1)
activities deemed necessary by the appropriate military command authorities to
assure the proper execution of the military mission, (2) for the purpose of a determination by the Department
of Veterans Affairs of your eligibility for benefits, (3) to foreign military
personnel to the appropriate foreign military authority for the same purposes.
25. National Security and
Intelligence.
We may disclose medical
information about you to authorized federal officials for the conduct of
intelligence, counter-intelligence, and other national security activities authorized
by law.
26. Protective
Services for the President.
We may disclose medical
information about you to authorized federal officials so they can provide
protection to the President of the United States, certain other federal
officials, or foreign heads of state.
27. Security Clearances.
We may use medical
information about you to make medical suitability determinations and may
disclose the results to officials in the United States Department of State for
purposes of a required security clearance or service abroad.
28. Inmates; Persons in
Custody.
We may disclose medical
information about you to a correctional institution or law enforcement official
having custody of you. The disclosure
will be made if the disclosure is necessary: (a) to provide health care to you;
(b) for the health and safety of others; or, (c) the safety, security and good
order of the correctional institution.
29. Workers
Compensation.
We may disclose medical
information about you to the extent necessary to comply with workers’
compensation and similar laws that provide benefits for work-related injuries
or illness without regard to fault.
30. Other Uses and
Disclosures.
Other uses and disclosures
will be made only with your written authorization. You may revoke such an authorization at any time by notifying the
Chairperson of the TAMA COUNTY Privacy Board, 129 West High St., Toledo, Iowa,
52342 in writing of your desire to revoke it.
However, if you revoke such an authorization, it will not have any
affect on actions taken by us in reliance on it.
Your Rights With Respect to Medical Information About You
You have the following rights with respect to medical
information that we maintain about you.
1. Right to Request
Restrictions.
You have the right to request
that we restrict the uses or disclosures of medical information about you to
carry out treatment, payment, or health care operations. You also have the right to request that we
restrict the uses or disclosures we make to: (a) a family member, other
relative, a close personal friend or any other person identified by you; or,
(b) for to public or private entities for disaster relief efforts. For example, you could ask that we not
disclose medical information about you to your brother or sister.
To request a restriction, you
may do so at the time you complete your consent form or at any time after that
time. If you request a restriction
after that time, you should do so in writing to the Chairperson of the TAMA
COUNTY Privacy Board, 129 West High St., Toledo, Iowa, 52342 and tell us: (a)
what information you want to limit; (b) whether you want to limit use or
disclosure or both; and, (c) to whom you want the limits to apply (for example,
disclosures to your spouse).
We
are not required to agree to any requested restriction. However, if we do agree, we will follow that
restriction unless the information is needed to provide emergency
treatment. Even if we agree to a
restriction, either you or we can later terminate the restriction.
2. Right to Receive
Confidential Communications.
You have the right to request
that we communicate medical information about you to you in a certain way or at
a certain location. For example, you can ask that we only contact you by mail
or at work. We will not require you to
tell us why you are asking for the confidential communication.
If you want to request
confidential communication, you must do so in writing to the Chairperson of the
TAMA COUNTY Privacy Board, 129 West High St., Toledo, Iowa, 52342. Your request
must state how or where you can be contacted.
We will accommodate your request.
However, we may, when appropriate, require information from you
concerning how payment will be handled.
3. Right to Inspect
and Copy.
With a few very limited
exceptions, such as psychotherapy notes, you have the right to inspect and
obtain a copy of medical information about you.
To inspect or copy medical
information about you, you must submit your request in writing to the
Chairperson of the TAMA COUNTY Privacy Board, 129 West High St., Toledo, Iowa,
52342. Your request should state specifically what medical information you want
to inspect or copy. If you request a
copy of the information, we may charge a fee for the costs of copying and, if
you ask that it be mailed to you, the cost of mailing.
We will act on your request
within thirty (30) calendar days after we receive your request. If we grant your request, in whole or in
part, we will inform you of our acceptance of your request and provide access
and copying.
We may deny your request to
inspect and copy medical information if the medical information involved is:
a. Psychotherapy notes;
b. Information compiled in anticipation of, or use in, a
civil, criminal or administrative action or proceeding;
If we deny your request, we
will inform you of the basis for the denial, how you may have our denial
reviewed, and how you may complain. If
you request a review of our denial, it will conducted by a licensed health care
professional designed by us who was not directly involved in the denial. We will comply with the outcome of that
review.
4. Right to Amend.
You have the right to ask us
to amend medical information about you.
You have this right for so long as the medical information is maintained
by us.
To request an amendment, you
must submit your request in writing to the Chairperson of the TAMA COUNTY
Privacy Board, 129 West High St., Toledo, Iowa, 52342. Your request must state
the amendment desired and provide a reason in support of that amendment.
We will act on your request
within sixty (60) calendar days after we receive your request. If we grant your request, in whole or in
part, we will inform you of our acceptance of your request and provide access
and copying.
If we grant the request, in
whole or in part, we will seek your identification of and agreement to share
the amendment with relevant other persons.
We also will make the appropriate amendment to the medical information
by appending or otherwise providing a link to the amendment.
We may deny your request to
amend medical information about you. We
may deny your request if it is not in writing and does not provide a reason in
support of the amendment. In addition,
we may deny your request to amend medical information if we determine that the
information:
a. Was not created by us, unless the person or entity that
created the information is no longer available to act on the requested
amendment;
b. Is not part of the medical information maintained by us;
c. Would not be available for you to inspect or copy; or,
d. Is accurate and complete.
If we deny your request, we
will inform you of the basis for the denial.
You will have the right to submit a statement of disagreeing with our
denial. Your statement may not exceed 2
pages. We may prepare a rebuttal to
that statement. Your request for
amendment, our denial of the request, your statement of disagreement, if any,
and our rebuttal, if any, will then be appended to the medical information
involved or otherwise linked to it. All
of that will then be included with any subsequent disclosure of the
information, or, at our election, we may include a summary of any of that
information.
If you do not submit a
statement of disagreement, you may ask that we include your request for
amendment and our denial with any future disclosures of the information. We
will include your request for amendment and our denial (or a summary of that
information) with any subsequent disclosure of the medical information
involved. You also will have the right
to complain about our denial of your request.
5. Right to an
Accounting of Disclosures.
You have the right to receive
an accounting of disclosures of medical information about you. The accounting may be for up to six (6)
years prior to the date on which you request the accounting but not before
April 14, 2003.
Certain types of disclosures are not included in such
an accounting:
a. Disclosures to carry out treatment, payment and health
care operations;
b. Disclosures of your medical information made to you;
c. Disclosures for our facility directory;
d. Disclosures for national security or intelligence
purposes;
e. Disclosures to correctional institutions or law
enforcement officials;
f. Disclosures made prior to April 14, 2003.
Under certain circumstances
your right to an accounting of disclosures may be suspended for disclosures to
a health oversight agency or law enforcement official.
To request an accounting of
disclosures, you must submit your request in writing to the Chairperson of the
TAMA COUNTY Privacy Board, 129 West High St., Toledo, Iowa, 52342. Your request
must state a time period for the disclosures.
It may not be longer than six (6) years from the date we receive your
request and my not include dates before April 14, 2003.
Usually, we will act on your
request within sixty (60) calendar days after we receive your request. Within that time, we will either provide the
accounting of disclosures to you or give you a written statement of when we
will provide the accounting and why the delay is necessary.
There will be a service
charge for providing copies of medical records and list of disclosures. Fees are determined on the number of copies
requested and the time it takes Tama County Employees to obtain, access and
copy these documents. We will notify
you of the cost involved and give you an opportunity to withdraw or modify your
request as you desire.
6. Right to Copy of
this Notice.
You have the right to obtain
a paper copy of our Notice of Privacy Practices. You may obtain a paper copy even though you agreed to receive the
notice electronically. You may request
a copy of our Notice of Privacy Practices at any time.
You may obtain a copy of our
Notice of Privacy Practices over the Internet at our web site, www.tamacounty.org
or at the Tama County Auditor’s Office. To obtain a paper copy of this notice
contact the Chairperson of the TAMA COUNTY Privacy Board, 129 West High St.,
Toledo, Iowa, 52342.
Our Duties
1. Generally.
We are required by law to
maintain the privacy of medical information about you and to provide
individuals with notice of our legal duties and privacy practices with respect
to medical information. We are required
to abide by the terms of our Notice of Privacy Practices in effect at the time.
2. Our Right to Change
Notice of Privacy Practices.
We reserve the right to
change this Notice of Privacy Practices. We reserve the right to make the new
notice’s provisions effective for all medical information that we maintain,
including that created or received by us prior to the effective date of the new
notice.
3. Availability of
Notice of Privacy Practices.
A copy of our current Notice
of Privacy Practices will be posted in each TAMA COUNTY Department affected by
these regulations. A copy of the
current notice also will be posted on our web site, www.tamacounty.org.
At any time, you may obtain a
copy of the current Notice of Privacy Practices by contacting to the
Chairperson of the TAMA COUNTY Privacy Board, 129 West High St., Toledo, Iowa,
52342.
4. Effective Date of
Notice.
The effective date of the notice will be stated on
the first page of the notice.
5. Complaints.
You may complain to us and to
the United States Secretary of Health and Human Services if you believe your
privacy rights have been violated by us.
To file a complaint with us contact the Chairperson of the TAMA COUNTY
Privacy Board, 129 West High St., Toledo, Iowa, 52342. All complaints should be submitted in
writing.
To file a complaint with the
United States Secretary of Health and Human Services, send your complaint to
him or her in care of: Office for Civil Rights, U.S. Department of Health and
Human Services, 200 Independence Avenue SW, Washington, D.C. 20201. You will not be retaliated against for
filing a complaint.
6. Questions and
Information.
If you have any questions or
want more information concerning this Notice of Privacy Practices, please
contact the Chairperson of the TAMA COUNTY Privacy Board, 129 West High St.,
Toledo, Iowa, 52342.