NOTICE OF PRIVACY PRACTICES
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.
If you have questions about this notice, please contact the Institute's
Privacy Officer, (805) 687-7444 ext. 2339.
This notice describes the practices of Rehabilitation Institute
at Santa
Barbara (RISB) as related to the protection of the privacy of
patient
information and that of:
- Any healthcare professional authorized to enter information
into your
medical record;
- All departments and units of the Institute;
- Any member of a volunteer group permitted to help while you
are in the Institute; and
- All employees, staff and other Institute personnel.
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 Institute. We need this record to provide you with quality
care and to comply with certain legal requirements. This notice
applies to all medical information of your care maintained by
the Institute, whether created by the Institute 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 maintained in the doctor's office or clinic.
This notice tells you, by giving you examples, 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 about you.
The Institute is required by law to:
- maintain the privacy of medical information that identifies
you (with certain exceptions);
- give you this notice of our legal duties and privacy practices
with respect to medical information about you; and
- follow the terms of the notice that is currently in effect.
HOW RISB MAY DISCLOSE MEDICAL
INFORMATION ABOUT YOU
The following categories describe ways that we may use and disclose
information. For each category of uses or disclosures we will
explain what we mean and try to give some examples, although not
every use or disclosure in a category may be listed.
TREATMENT
We may use medical information about you to provide you with
medical treatment or services. We may disclose information about
you to doctors, nurses, technicians, medical students, or other
Institute personnel who are involved in taking care of you at
the Institute. For example, a doctor treating your broken leg
may need to know if you have diabetes because it may slow down
the healing process. In addition, the doctor may need to tell
the dietitian if you have diabetes so that appropriate meals are
planned. Several departments at the Institute may share information
about you in order to coordinate your care such as prescriptions,
lab work and x-rays. We may disclose medical information about
you to people outside the Institute who may be involved in your
medical care after you leave the Institute, such as a skilled
nursing facility or home health agency.
PAYMENT
We may use and disclose medical information about you so that
the treatment or services you receive at the Institute may be
billed 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 so that they will
reimburse you or pay the Institute. We may also tell your health
plan about treatment you are going to receive to obtain prior
approval or to determine whether your plan covers such treatment.
OPERATIONS OF THE INSTITUTE
We may use and disclose medical information about you to operate
the Institute to the benefit of our patients. These uses and disclosures
are necessary to run the Institute and make sure that all of our
patients receive quality care. For example, we may use medical
information to review our treatment and services to evaluate the
performance of the staff caring for you. We may combine medical
information about many Institute patients to decide what additional
services we should offer, what services are not necessary and
whether certain treatments are effective. We may also disclose
information to doctors, nurses, technicians, medical students
and other Institute staff for review and learning purposes. We
may combine the medical information we have with medical information
from other hospitals or clinics to compare our outcomes and determine
where we can make improvements in care and services. We may remove
information that identifies you from this set of medical information
so that others may use it to study healthcare delivery without
knowing who the specific patients are.
BUSINESS ASSOCIATES
Certain business and other support functions of the Institute
may be performed by our business associates. We may use or disclose
your medical information to our business associates, who have
agreed to safeguard your medical information just as we do, such
as attorneys, accountants, and consultants who help us with our
operations.
APPOINTMENT REMINDERS
We may use and disclose information to contact you as a reminder
that you have an appointment or treatment or medical care at the
Institute.
TREATMENT ALTERNATIVES
We may use or disclose medical information to tell you about
or recommend possible treatment options or alternatives that may
be of interest to you.
HEALTH-RELATED PRODUCTS AND SERVICES
We may use and disclose medical information to tell you about
our health-related products and services that you may benefit
you as part of your continuing health care.
FUNDRAISING ACTIVITES
We may use medical information about you to contact you in an
effort to solicit donations for the Institute and its programs.
We may disclose general medical information to the Fund Development
Department, related to the Institute, so that the foundation may
contact you in raising money. We only release contact information,
such as your name, address and phone number and any dates you
received treatment at the Institute. If you do not want the Institute
to contact you for fundraising efforts, please notify the Vice
President of Fund Development in writing.
INSTITUTE DIRECTORY
We may include certain limited information about you in certain
Institute patient listings while you are a patient. This information
may include your name, room location, your general condition (e.g.,
fair, stable, etc.) and your religious affiliation, and may be
released to people who ask for you by name. Your religious affiliation
may be given to a member of the clergy, such as a priest or rabbi,
even if they don't ask for you by name. This information is released
so your family, friends and clergy can visit you in the hospital
and generally know how you are doing. If you object, we will not
include your information in the directory or limit disclosures
from the directory.
INDIVIDUALS INVOLVED IN YOUR CARE OR
PAYMENT FOR YOUR CARE
Unless there is a specific request, written or oral, from you
to the contrary, we may: (i) share limited information about you
to a friend or family member who is involved in your medical care;
(ii) give limited information to someone who helps pay for your
care; (iii) tell your family or friends about your condition and
that you are in the Institute; and (iv) disclose certain limited
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.
MEDICAL INFORMATION ABOUT MINOR CHILDREN
Parents may generally obtain medical information about their
minor children. In some limited circumstances, however, we may
be permitted or even required to deny parental access to a minor's
medical information, such as when a minor may legally consent
to health care services without parental consent.
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 purposed
research project and its use of information; 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
Institute. We will always ask whether 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 Institute.
LEGAL REQUIREMENT
We will disclose medical information about you when required
to do so by federal, state or local law.
SERIOUS THREAT TO HEALTH OR SAFETY
We may use and disclose medical information about you when necessary
to prevent serious threat to your health and the safety or the
health and safety of the public or another person. Any disclosure,
however, would only be to someone able to prevent the threat.
ORGAN AND TISSUE DONATION
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 information about foreign military personnel
to the appropriate foreign military authority.
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 abuse or neglect of children, elders and dependent
adults;
- 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;
- 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 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
health care system, government programs and compliance with civil
rights laws.
LAWSUITS AND DISPUTES
If you are involved in a lawsuit or dispute, we may disclose
medical information about you in response to a court or administrative
order. We may disclose medical information about you in response
to a subpoena, discovery request, or lawful process by someone
else involved in the dispute, but only if efforts have been made
to tell you about the request (which may include a written notice
to you) or to obtain an order protecting the information request.
We may also use or disclose medical information as necessary,
for example, to defend the Institute in a legal dispute.
LAW ENFORCEMENT
We may release medical information if asked to do so by law enforcement
official:
- in response to a 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 able to obtain the persons 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 to determine cause of death. We may also release medical information
about patients of the Institute to funeral directors as necessary
to carry out their duties.
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
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 care; (2) to protect health and safety of
others; or (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 used
to make decisions about your care. Usually, this includes medical
and billing records, but may not include mental health information.
To inspect and copy medical information used to make decisions
about you, a request must be submitted in writing to the Department
of Medical 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 in certain very
limited circumstances. If you are denied access to medical information,
we will tell you in writing why the request was denied and explain
how to have the denial reviewed, if applicable, and how to complain.
RIGHT TO AMEND
If you believe 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 the amendment for as long as the
information is kept by the Institute.
To request an amendment, your request must be made in writing
and submitted to the Privacy Officer. In addition, you must provide
a reason that supports your request.
We may deny your request for 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 to amend information that:
- Was not created by the Institute, 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
Institute;
- Is not part of the information which you would be permitted
to inspect and copy; or
- Is accurate and complete.
If we deny your request for amendment, we will tell you in writing
why the request was denied and explain how to submit a statement
of disagreement and how to complain. Even if we deny your request
for amendment, you have the right to submit a brief written addendum.
If you clearly indicate in writing that you want the addendum
to be part of the medical record we will attach it to your records
and include it whenever we make a disclosure of the item or statement
you believe to be incomplete or incorrect.
RIGHT TO AN ACCOUNTING OF DISCLOSURES
You have the right to request an "accounting of disclosures."
This is a list of disclosures we have made of medical information
about you other than our own uses for treatment, payment and health
care operations, (as those functions are described above) and
with other exceptions pursuant to the law.
To request a list or accounting of disclosures, you must submit
a request in writing to the Department of Medical Information
Management.
Your request must state a time period, which 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 list we
may charge you for the cost of providing the list. We will inform
you of the cost involved and you may choose to withdraw 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 for treatment, payment
or health care 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, like a family member or friend.
For example, you could ask that we not use or disclose information
about a certain medical procedure.
We do not have to agree with your request. If we do agree, we
will comply with your request unless the information is needed
to provide you emergency treatment.
RIGHT TO REQEST CONFIDENTIAL COMMUNICATIONS
You have the right to request that we communicate with you about
medical matters in a certain way or at a certain location. For
example, you can ask that we only contact you at work or by mail.
To request confidential communications, you must make your request
in writing to the Institute's Privacy Officer. We will not ask
you the reason for your request. We will accommodate all reasonable
requests. Your request must specify how or where you wish to be
contacted.
RIGHT TO A PAPER COPY OF THIS NOTICE
You have the right to a paper copy of this notice. You may ask
that we give you this notice at any time. Even if you have agreed
to receive this notice electronically, you are still entitled
to a paper copy.
You may obtain a copy of this notice on our website at www.risb.org.
To obtain a paper copy, please contact the Institute's Privacy
Officer.
CHANGES TO THE NOTICE
We reserve the right to change this notice. We
reserve the right to make the revised 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 notice
in the Institute. The posted notice will contain on the top of
the first page in the right-hand corner, the effective date. In
addition, we will provide a copy of the current notice each time
you are admitted to the Institute.
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