THIS JOINT 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.
EFFECTIVE DATE: APRIL 14, 2003 (Revised: 7/04)
If you have any questions about this Joint Notice, please contact the Hospital’s Privacy Officer at (305) 854-4400, ext. 3711 or (305) 860-4675.
WHO WILL FOLLOW THIS JOINT NOTICE
The Joint Notice describes the Hospital’s practices and those of:
- Marshall, Amaya & Anton, M.D., P.A., the Emergency Room physicians, providing services as independent contractors to the Hospital.
- Marjorie B. Sanders, M.D., d/b/a Mercy Diagnostic Radiology Associates, the Radiologists, providing services as independent contractors to the Hospital.
- Mercy Anesthesia Group, L.C., the Anesthesiologists and Certified Registered Nurse Anesthetists, providing services as independent contractors to the Hospital.
- Davjen Pathology Consultants, P.A., the Pathologists, providing services as independent contractors to the Hospital.
- Critical Care Consultants, P.A., the Intensivists, providing services solely in said capacity and not as physicians engaged in private practice, as independent contractors to the Hospital.
- Carlos Lavernia, M.D. Orthopedist, providing orthopedic services as an independent contractor to the Orthopedic Institute of the Hospital.
- All departments and units of the Hospital.
- Any member of a volunteer group we allow to help you while you are in the Hospital.
- All employees, staff, students, faculty, and other Hospital personnel.
- Mercy Outpatient Center
- Mercy Laboratory Associates
- Mercy Home Health Agency
- St John Bosco Clinic
- Mercy Outpatient Pharmacy
- All these persons, entities, sites and locations follow the terms of this Joint Notice. In addition, these persons, entities, sites and locations may share information with each other for treatment, payment, or hospital operations purposes as described in this Joint Notice.
OUR PLEDGE REGARDING MEDICAL INFORMATION
We understand that medical information about you and your health is personal. We are committed to protecting medical information about you. We create a record of the care and services you receive at the Hospital. We need this record to provide you with quality care and to comply with certain legal requirements. This Joint Notice applies to all of the records of your care generated by the Hospital, and by the Emergency Room physicians, Radiologists, Anesthesiologists, Pathologists, Intensivists and Orthopedist members of the Orthopedic Institute, whether made by Hospital personnel or your personal doctor. Your personal doctor may have different policies or notices regarding the doctor’s use and disclosure of your medical information created in the doctor’s office or clinic
This Joint Notice will tell you about the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information.
We are required by law to: make sure that medical information that identifies you is kept private; give you this Joint Notice of our legal duties and privacy practices with respect to medical information about you; and follow the terms of the Joint Notice that is currently in effect.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU
The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of these categories.
For Treatment. We may use medical information about you to provide you with medical treatment or services. We may disclose medical information about you to doctors, nurses, technicians, or other hospital personnel who are involved in taking care of you at the Hospital. For example, a doctor treating you for a broken hip may need to know if you have diabetes because diabetes may slow the healing process. In addition, the doctor may need to tell the dietitian if you have diabetes so that we can arrange for appropriate meals. We also may disclose medical information about you to people outside the Hospital who may be involved in your medical care after you leave the Hospital, such as family members, clergy, or others we use to provide services that are part of your care, such as therapists or physicians.
For Payment. We may use and disclose medical information about you so that the treatment and services you receive at the Hospital may be billed to and payment may be collected from you, an insurance company, or a third party. For example, we may need to give your health plan information about treatment you received at the Hospital so your health plan will pay us or reimburse you for the treatment. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.
For Healthcare Operations. We may use and disclose medical information about you for hospital operations. These uses and disclosures are necessary to run the Hospital and make sure that all of our patients receive quality care. For example, we may use medical information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may also combine medical information about many Hospital patients to decide what additional services the Hospital should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose information to doctors, nurses, technicians, medical students, and other Hospital personnel for review and learning purposes. We may also combine the medical information we have with medical information from other hospitals to compare how we are doing and see where we can make improvements in the care and services we offer.
We may remove information that identifies you from this set of medical information so others may use it to study health care and healthcare delivery without learning the identities of specific patients.
Appointment Reminders, Treatment Alternatives, and Health Related Benefits and Services. We may use and disclose medical information to contact you as a reminder that you have an appointment for treatment or medical care at the Hospital. We also may use and disclose medical information to tell you about or recommend possible treatment options, alternatives, health-related benefits or services that may be of interest to you.
Fundraising Activities. We may use medical information about you to contact you in an effort to raise money for the Hospital and its operations. We may disclose medical information to a foundation related to the Hospital so that the foundation may contact you in raising money for the Hospital. We only would release contact information, such as your name, address and phone number, and the dates you received treatment or services at the Hospital.
If you do not want the Hospital to contact you for fundraising efforts, you must notify the Hospital’s Privacy Officer in writing.
Hospital Patient Directory. We may include certain limited information about you in the Hospital directory while you are a patient at the Hospital. This information may include your name, location in the Hospital, your general condition (e.g., fair, stable, etc.), and your religious affiliation. The directory information, except for your religious affiliation, may also be released to people who ask for you by name. Your religious affiliation may be given to a member of the clergy of your declared religion, such as a priest or rabbi, even if they don’t ask for you by name. This is so your family, friends, and clergy can visit you in the Hospital and generally know how you are doing.
If you do not want anyone to know this information about you, you must notify the Hospital’s Privacy Officer in writing or indicate your preference on the Hospital’s Patient Authorization Form.
Individuals Involved in Your Care or Payment for Your Care. We may release medical information about you to a friend or family member who is involved in your medical care. This would include persons designated by you as a health care surrogate, named in any durable health care power of attorney or similar documents provided to us. We may also give information to someone who helps pay for your care. In addition, we may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status, and location.
Research. Under certain circumstances, we may use and disclose medical information about you for research purposes. For example, a research project may involve comparing the health and recovery of all patients who received one medication to those who received another for the same condition. All research projects, however, are subject to a special approval process. This process evaluates a proposed research project and its use of medical information, trying to balance the research needs with patients’ need for privacy of their medical information. Before we use or disclose medical information for research, the project will have been approved through this research approval process. We may, however, disclose medical information about you to people preparing to conduct a research project, for example, to help them look for patients with specific medical needs, so long as the medical information they review does not leave the Hospital. We will almost always ask for your specific permission if the researcher will have access to your name, address, or other information that reveals who you are, or will be involved in your care at the Hospital.
SPECIAL SITUATIONS
As Required By Law. We will disclose medical information about you when required to do so by federal, state or local law.
To Avert a Serious Threat to Health or Safety. We may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.
Organ and Tissue Donation. If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye, or tissue transplantation, or to an organ donation bank as necessary to facilitate organ or tissue donation and transplantation.
Military and Veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority. We may use and disclose to components of the Department of Veterans Affairs medical information about you to determine whether you are eligible for certain benefits.
Workers’ Compensation. We may release medical information about you for Workers’ Compensation or similar programs. These programs provide benefits for work-related injuries or illness.
Public Health Risks. We may disclose medical information about you for public health activities. These activities generally include the following: to prevent or control disease, injury, or disability; to report births and deaths; to report child abuse or neglect; to report reactions to medications or problems with products; to notify people of recalls of products they may be using; to 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 to notify the appropriate government authority if we believe a patient has been the victim of abuse, neglect, or domestic violence. We will only make this disclosure if you agree or when required or authorized by law.
Health Oversight Activities. We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the healthcare system, government programs, and compliance with civil rights laws.
Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a valid court or administrative order. We may also disclose medical information about you in response to 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 protecting the information requested.
Law Enforcement. We may release medical information if asked to do so by a law enforcement official: in response to a valid 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, we are unable to obtain the person’s agreement; about a death we believe may be the result of criminal conduct; about criminal conduct at the Hospital; 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.
Coroners, Medical Examiners, and Funeral Directors. We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release medical information about deceased patients of the Hospital to funeral directors as necessary to carry out their duties upon the request of the patient’s family.
National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.
Protective Services for the President and Others. We may disclose medical information about you to authorized federal officials so they may provide protection to the President, other authorized persons, or foreign heads of state, or conduct special investigations.
Inmates or Individuals in Custody. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; (3) for the safety and security of the correctional institution.
YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU
You have the following rights regarding medical information we maintain about you:
Right to Inspect and Copy. You have the right to inspect and copy medical information that may be used to make decisions about your care. Usually, this includes medical and billing records, but does not include psychotherapy notes and other mental health records under certain circumstances.
To inspect and copy medical information that may be used to make decisions about you, you must submit your request in writing to the Hospital’s Director of Health Information Management. If you request a copy of the information, we may charge a fee for the costs of copying, mailing, or other supplies associated with your request.
We may deny your request to inspect and copy medical information in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Another licensed healthcare professional chosen by the Hospital will review your request and the denial. The person conducting the review will be the person who denied your request. We will comply with the outcome of the review.
Right to Amend. If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the Hospital.
To request an amendment, your request must be made in writing and submitted to the Hospital’s Director of Health Information Management. In addition, you must provide a reason that supports your request.
We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: was not created by us, unless the person or entity that created the information is no longer available to make the amendment; is not part of the medical information kept by or for the Hospital; is not part of the information which you would be permitted to inspect and copy; or is accurate and complete.
Right to an Accounting of Disclosures. You have the right to request an “accounting of disclosures.” This is a list of the disclosures we made of medical information about you.
To request this list of accounting of disclosures, you must submit your request in writing to the Hospital’s Director of Health Information Management. Your request must state a time period that may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you want the list (for example: on paper, electronically). The first list you request within a 12-month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved, and you may choose to withdraw or modify your request at that time before any costs are incurred.
Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment, or healthcare operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend.
We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment. To request restrictions, you must make your request in writing to the Hospital’s Director of Health Information Management. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse.
Right to Confidential Communications. You have the right to request to receive communications from us on a confidential basis by using alternative means for receipt of information or by receiving the information at alternative locations. We must accommodate your request, if it is reasonable. You are not required to provide us with an explanation as to the basis of your request. Contact the Director of Health Information Management if you require such confidential communications.
Right to a Paper Copy of This Joint Notice. You have the right to a paper copy of this Joint Notice. You may ask us to give you a copy of this Joint Notice at any time. Even if you have agreed to receive this Joint Notice electronically, you are still entitled to a paper copy of this Joint Notice. To obtain a paper copy of this Joint Notice, request a copy from the Hospital’s Privacy Officer in writing.
OTHER USES OF MEDICAL INFORMATION
Other uses and disclosures of medical information not covered by this Joint Notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission and that we are required to retain our records of the care that we provided to you.
CHANGES TO THIS JOINT NOTICE
We reserve the right to change this Joint Notice. We reserve the right to make the revised or changed Joint Notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current Joint Notice in the Hospital. The Joint Notice will contain the effective date on the first page. In addition, each time you register at or are admitted to the Hospital for treatment or healthcare services as an inpatient or outpatient, we will offer you a copy of the current Joint Notice in effect.
COMPLAINTS & QUESTIONS
If you believe your privacy rights have been violated, you may file a complaint with the Hospital or with the Secretary of the Department of Health and Human Services. If you have any questions about this notice or wish to file a complaint with the Hospital, contact the Privacy Officer at (305) 854-4400, ext. 3711 or (305) 860-4675. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
HOW TO EXERCISE YOUR RIGHTS
To exercise your rights described in this notice (other than to obtain a copy of this notice), you must contact the following individuals:
REQUEST TO ACCESS, AMEND, CONFIDENTIAL COMMUNICATIONS, RESTRICT, AND ACCOUNT FOR DISCLOSURES: Records Custodian, Health Information Management Department, Mercy Hospital, 3663 South Miami Avenue, Miami, FL 33133
PRIVACY COMPLAINT: Privacy Officer, Corporate Compliance Department, Mercy Hospital, 3663 South Miami Avenue, Miami, FL 33133
967-011 (Rev. 7/04) Notice of Privacy Practices