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ANC's NOTICE OF PRIVACY PRACTICES
As Required by the Privacy Regulations Promulgated Pursuant to the Health Insurance Portability and
Accountability Act of 1996 (HIPAA)
THIS NOTICE DESCRIBES HOW HEALTH
INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED, AND HOW YOU CAN GET ACCESS TO
YOUR IDENTIFIABLE HEALTH INFORMATION
PLEASE REVIEW THIS NOTICE
CAREFULLY
A. OUR COMMITMENT TO YOUR PRIVACY
Active Nursing Care, Inc. (ANC) is dedicated to maintaining
the privacy of your identifiable health information. In conducting our
business, we will create records regarding you and the treatment and
services we provide to you. We are required by law to maintain the confidentiality
of health information that identifies you. We also are required by law
to provide you with this notice of our legal duties and privacy practices
concerning your identifiable health information. By law, we must follow
the terms of the notice of privacy practices that we have in effect
at the time.
To summarize, this notice provides you with the following
important information:
- How we may use and disclose your identifiable health information
- Your privacy rights in your identifiable health information
- Our obligations concerning the use and disclosure of your identifiable
health information.
The terms of this notice apply to all records
containing your identifiable health information that are created or
retained by Active Nursing Care, Inc. (ANC). We reserve the right to
revise or amend our notice of privacy practices. Any revision or amendment
to this notice will be effective for all of your records Active Nursing
Care, Inc. (ANC) has created or maintained in the past, and for any
of your records we may create or maintain in the future. ANC will post
a copy of our current notice in our offices in a prominent location,
and you may request a copy of our most current notice during any office
visit.
IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE
CONTACT:
Myrna Hildebrant, B.S., M.A., President, or
Nancy Hmieleski-Reeves, R. N., C., B. S., Director of
Nursing
Active Nursing Care, Inc.
at 732-826-0900
B. WE
MAY USE AND DISCLOSE YOUR HEALTH INFORMATION IN THE FOLLOWING WAYS
The following categories
describe the different ways in which we may use and disclose your identifiable
health information.
- Treatment. ANC may use your identifiable
health information to treat you. For
example, ANC may use or disclose your identifiable health information
in order to treat you or to assist others in your treatment. Additionally,
we may disclose your identifiable health information to others who
may assist in your care, such as your physician, therapists, spouse,
children or parents.
- Payment. ANC may use and disclose your identifiable
health information in order to bill and collect payment for the
services and items you may receive from us. For example, we may
contact your health insurer (where applicable) to certify that you
are eligible for benefits (and for what range of benefits), and
we may provide your insurer with details regarding your treatment
to determine if your insurer will cover, or pay for, your treatment.
We also may use and disclose your identifiable health information
to obtain payment from third parties that may be responsible for
such costs, such as family members. Also, we may use your identifiable
health information, as limited as possible, for collection purposes
from a collection agency. Also, we may use your identifiable health
information (when applicable) to bill you directly for services
and items.
- Health Care Operations. ANC may use
and disclose your identifiable health
information to operate our business. As examples of the ways in
which we may use and disclose your information for our operations,
ANC may use your health information to evaluate the quality of care
you received from us, or to conduct cost-management and business
planning activities for our practice.
- Appointment Reminders. ANC may use and disclose
your identifiable health information
to contact you and remind you of visits/deliveries.
- Health-Related Benefits and Services. ANC may
use and disclose your identifiable
health information to inform you of health-related benefits or
services that may be of interest to you.
- Release of Information to Family/Friends. ANC
may release your identifiable health information to a friend or
family member that is helping you pay for your health care, or
who assists in taking care of you.
- Disclosures Required By Law. ANC will use and
disclose your identifiable health information when we are required
to do so by federal, state or local law.
C. USE AND
DISCLOSURE OF YOUR IDENTIFIABLE HEALTH INFORMATION IN CERTAIN SPECIAL
CIRCUMSTANCES
The following
categories describe unique scenarios in which we may use or disclose
your identifiable health information:
1. Public Health
Risks. ANC may disclose your identifiable health information
to public health authorities that
are authorized by law to collect information for the purpose of:
- Maintaining vital records, such
as births and deaths
- Reporting child abuse or neglect
- Preventing or controlling disease,
injury or disability
- Notifying a person regarding potential
exposure to a communicable disease
- Notifying a person regarding a
potential risk for spreading or contracting a disease or condition
- Reporting reactions to drugs or
problems with products or devices
- Notifying individuals if a product
or device they may be using has been recalled
- Notifying appropriate government
agency(ies) and authority(ies) regarding the potential abuse or
neglect of an adult patient (including domestic violence); however,
we will only disclose this information if the patient agrees or
we are required or authorized by law to disclose this information
- Notifying your employer under limited
circumstances related primarily to workplace injury or illness
or medical surveillance.
2. Health Oversight
Activities. ANC may disclose your identifiable health information
to a health oversight agency for activities authorized by law. Oversight
activities can include, for example, investigations, inspections,
audits, surveys, licensure and disciplinary actions; civil, administrative,
and criminal procedures or actions; or other activities necessary
for the government to monitor government programs, compliance with
civil rights laws and the health care system in general.
3. Lawsuits and
Similar Proceedings. ANC may use and disclose your identifiable
health information in response to a court or administrative order,
if you are involved in a lawsuit or similar proceeding. We also may
disclose your identifiable health information in response to a discovery
request, subpoena, or other lawful process by another party involved
in the dispute, but only if we have made an effort to inform you of
the request or to obtain an order protecting the information the party
has requested.
4. Law Enforcement.
We may release identifiable health information if asked to do so by
a law enforcement official:
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Regarding a crime
victim in certain situations, if we are unable to obtain the person's
agreement
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Concerning a death
we believe might have resulted from criminal conduct
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Regarding criminal
conduct at our offices
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In response to a warrant,
summons, court order, subpoena or similar legal process
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To identify/locate
a suspect, material witness, fugitive or missing person
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In an emergency, to
report a crime (including the location or victim(s) of the crime,
or the description, identity or location of the perpetrator)
5. Serious Threats to Health or Safety.
ANC may use and disclose your identifiable
health information when necessary to reduce or prevent a serious threat
to your health and safety or the health and safety of another individual
or the public. Under these circumstances, we will only make disclosures
to a person or organization able to help prevent the threat.
6. Military.
ANC may disclose your identifiable health information if you are
a member of U.S. or foreign
military forces (including veterans) and if required by the appropriate
military command authorities.
7. National
Security. ANC may disclose your identifiable health information
to federal officials for intelligence and national security activities
authorized by law. We also may disclose your identifiable health
information to federal officials in order to protect the President,
other officials or foreign heads of state, or to conduct investigations.
8. Inmates.
ANC may disclose your identifiable health information to correctional
institutions or law enforcement officials if you are an inmate or
under the custody of a law enforcement official. Disclosure for
these purposes would be necessary: (a) for the institution to provide
health care services to you, (b) for the safety and security of
the institution, and/or (c) to protect your health and safety or
the health and safety of other individuals.
9. Workers'
Compensation. ANC may release your identifiable health
information for workers' compensation and similar programs.
D. YOUR
RIGHTS REGARDING YOUR IDENTIFIABLE HEALTH INFORMATION
You have the following
rights regarding the identifiable health information that we maintain
about you:
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Confidential Communications. You have
the right to request that ANC communicate
with you about your health and related issues in a particular
manner or at a certain location. For instance, you may ask that
we contact you at home, rather than work. In order to request
a type of confidential communication, you must make a written
request to Active Nursing Care, Inc. specifying the requested
method of contact, or the location where you wish to be contacted.
ANC will accommodate reasonable requests. You
do not need to give a reason for your request
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Requesting Restrictions. You
have the right to request a restriction in our use or disclosure
of your identifiable health information for treatment, payment
or health care operations. Additionally, you have the right
to request that we limit our disclosure of your identifiable
health information to individuals involved in your care or the
payment for your care, such as family members and friends. We
are not required to agree to your request; however,
if we do agree, we are bound by our agreement except when otherwise
required by law, in emergencies, or when the information is
necessary to treat you. In order to request a restriction in
our use or disclosure of your identifiable health information,
you must make your request in writing to Active Nursing Care,
Inc. Your request must describe in a clear and concise fashion:
(a) the information you wish restricted; (b) whether you are
requesting to limit ANC's use, disclosure or both; and (c) to
whom you want the limits to apply.
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Inspection and Copies. You have the right to
inspect and obtain a copy of the identifiable
health information that may be used to make decisions about
you, including patient medical records and billing records,
but not including psychotherapy notes. You must submit your
request in writing to Active Nursing Care, Inc. in order to
inspect and/or obtain a copy of your identifiable health information.
ANC may charge a fee for the costs of copying, mailing, labor
and supplies associated with your request. Active Nursing Care,
Inc. may deny your request to inspect and/or copy in certain
limited circumstances; however, you may request a review of
our denial. Reviews will be conducted by another licensed health
care professional chosen by us.
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Amendment. You may ask us to
amend your health information if you believe it is incorrect
or incomplete, and you may request an amendment for as long
as the information is kept by or for our organization. To request
an amendment, your request must be made in writing and submitted
to Active Nursing Care, Inc. You must provide us with a reason
that supports your request for amendment. ANC will deny your
request if you fail to submit your request (and the reason supporting
your request) in writing. Also, we may deny your request if
you ask us to amend information that is (a) accurate and complete;
(b) not part of the identifiable health information kept by
or for the organization; (c) not part of the identifiable health
information which you would be permitted to inspect and copy;
or (d) not created by our organization, unless the individual
or entity that created the information is not available to amend
the information.
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Accounting of Disclosures.
All of our patients have the right to request an "accounting
of disclosures." An "accounting of disclosures" is a list of
certain disclosures our organization has made of your identifiable
health information. In order to obtain an accounting of disclosures,
you must submit your request in writing to Active Nursing Care,
Inc. All requests for an "accounting of disclosures" must state
a time period which may not be longer than six years and may
not include dates before April 14, 2003. The first list you
request within a 12 month period is free of charge, but Active
Nursing Care, Inc. may charge you for additional lists within
the same 12 month period. ANC will notify you of the cost involved
with additional request, and you may withdraw your request before
you incur any costs.
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Right to a Paper Copy of this Notice.
You are entitled to receive a paper copy of our notice of privacy
practices. You may ask us to give you a copy of this notice
at any time. To obtain a paper copy of this notice, contact
a staff member at Active Nursing Care, Inc., (732) 826-0900.
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Right to File a Complaint.
If you believe your privacy rights have been violated, you may
file a complaint with Active Nursing Care or with the Secretary
of the Department of Health and Human Services, United States
Department of Health and Human Services, Washington, DC 20201.
To file a complaint with our organization, contact Active Nursing
Care, Inc. All complaints must be submitted in writing. You
will not be penalized for filing a complaint.
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Right to Provide an Authorization for
Other Uses and Disclosures. ANC will obtain your written
authorization for uses and disclosures that are not identified
by this notice or permitted by applicable law. Any authorization
you provide to us regarding the use and disclosure of your identifiable
health information may be revoked at any time in writing.
After you revoke your authorization, we will no longer use or
disclose your identifiable health information for the reasons
described in the authorization. Please note, we are required
to retain records of your care.
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