Privacy Booklet
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Disclaimer
The
information outlined in this booklet does not serve to replace or
override any legal HIPAA SJHS policies and procedures.
Information outlined in this booklet also does not replace the actual SJHS
Notice of Privacy Practices.
Overview
The purpose of
this booklet is to inform patients about the current HIPAA
regulations and what information is available to them. This
booklet serves as
a guide for the various SJHS forms, policies, and procedures the
patient will encounter as a result of HIPAA regulations. |
The following topics introduce the various SJHS
forms, policies, and procedures the patient will encounter as a result of HIPAA
regulations.
You can either scroll through this document in its entirety,
or click on any of
the following bookmarks to go to individual topics of
interest:
Getting a Hold on HIPAA:
Helpful HIPAA Procedures:
Topics in this section introduce HIPAA, including its history, key
terms, and its positive impact on your patient rights.
What is
HIPAA?
HIPAA is short for
the Health Insurance Portability and Accountability Act. HIPAA
establishes privacy standards that U.S. healthcare providers,
clearinghouses, and healthcare plan providers must adhere to in order to
ensure the security and privacy of patient information. By providing
safeguards to protect individually identifiable health information,
HIPAA regulations allow the patient to have more control over who may
access their patient information.
What is the History of HIPAA?
HIPAA came about
in an effort to provide a nationwide privacy protection standard for
patient information. Signed in 1996 by President Bill Clinton, HIPAA
establishes federal privacy regulations throughout the United States.
These regulations aim to inform patients of their privacy rights and
establish policies for protecting confidential patient information.
Ultimately, HIPAA regulations give patients more control over their
patient information. HIPAA also aims to safeguard and protect
information deemed private by the act--Protected Health Information or
PHI--without adversely affecting access to healthcare delivery.
How Will HIPAA Benefit Me?
You will not
notice any change in the quality of care received, nor in the standard
healthcare practices implemented to provide you with medical care. The
change occurs in how private patient information is handled by those
involved in your care and treatment. HIPAA benefits patients by
securing their protected healthcare information (PHI) with strict
regulations. These regulations include boundaries for the use and
release of your health information and medical records, as well as other
safeguards to protect your private healthcare information. Violators of
HIPAA regulations are subject to civil and criminal penalties.
What is
PHI?
PHI refers
to your patient Protected Health Information. Your PHI is
any information related to a healthcare facility visit, including the
following:
- Personal
Information such as your name, address, and phone number
- Medical Record
Number (MRN) or Account Number
- Specific
information contained in your medical record such as clinical or
treatment information
- Billing
Information
This information
is considered private, and may not be released to unauthorized
individuals.
What is a Personal
Representative?
A Personal
Representative is someone authorized, by law, to speak and/or act on the
patient’s behalf concerning health care decisions, should it become
necessary. In order to be designated as a Personal Representative,
an individual must have appropriate legal documentation on file.
For example, legal documentation such as a General Power of Attorney or
a court appointed legal guardian must be on file. Examples of
individuals who might act as the patient's Personal Representative
include the following:
- The patient’s
spouse.
- An adult child
of the patient who has agreement and consent of all other qualified
children to act as a sole decision maker.
- A majority of
the patient’s reasonable available adult children.
- The minor
patient/child's biological parents.
- The individual
clearly identified to act for the patient (before the patient’s
incapacity), the patient’s nearest living relative, a member of the
clergy, or the patient’s attorney.
A Personal Representative may have the
right to both access and request amendments to the patient's PHI,
including an account of PHI disclosures and disclosure restrictions.
A Personal Representative may also have the right to make a privacy
complaint on the patient's behalf.
Remember, granting individuals
access to your PHI via the PHI Communication Resource Tool does not mean
they are also your Personal Representative. Only those with
the appropriate legal documentation may be designated as a Personal
Representative.
To receive written documentation
containing PHI, according the SJHS policy, a valid HIPAA authorization
is required to be signed by the patient and/or the Personal
Representative.
What are My Rights as a
Patient?
The following is a summary of your privacy rights as fully addressed in the SJHS
Notice of Privacy Practices.
Patient
Health Information Rights:
Although your health record is the
physical property of your doctor, hospital, or a clinic, the
information belongs to you. You have the right to:
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Request a restriction on certain uses
and disclosures of your information for treatment, payment, health
care operations, and as to disclosures permitted to persons, including
family members involved with your care and as provided by law. However, we are not required by law to agree to a requested restriction.
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Obtain a paper copy of the full Notice
of Privacy Practices upon request.
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Inspect and copy your PHI as
provided by law.
-
Request that we amend your health
record as provided by law. We will notify you if we are unable to
grant a request to amend your health record.
- Obtain an
accounting of disclosures of your PHI as provided by law.
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Request communications of your health
information by alternate means or at alternate locations. We will
accommodate reasonable requests.
-
Revoke your authorization to use or
disclose health information except to the extent that action has
already been taken.
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Helpful HIPAA Procedures
Topics in this section further
detail HIPAA's positive impact on your patient rights, including
complaint procedures and the appropriate use of associated forms.
What Forms Will I Be
Given?
In accordance with HIPAA
regulations, you will be given the following information as specified:
-
Notice of Privacy Practices
-
Acknowledgement of Privacy Notice
-
PHI Communication Resource Tool
On the PHI Communication Resource
Tool, you will be asked to indicate individuals (such as a relative
or friend) who may access your PHI. The patient may also designate if they wish to be left off of
the hospital, clinic, or Mercy Villa (Long Term Care) “directories,”
thus restricting any acknowledgment that the patient is
receiving health care. The PHI Communication Resource Tool
provides a reference for healthcare providers when determining whether
private patient information can be released to friends and relatives, or
other patient contacts.
What is the PHI
Communication Resource Tool?
Every patient will be given the
opportunity to designate on the PHI Communication Resource Tool
those individuals involved in the treatment of
the patient. You may list as many individuals as you wish on this form.
Please
note that if you do not complete the PHI Communication Resource
Tool in its entirety, or you elect not to be included in
the hospital or clinic directory, no information is shared, with the
exception of:
- Payment
information to authorized health care providers or third party
agencies.
- Treatment
information to authorized health care providers or third party
agencies.
- Information
necessary for normal health care operations to authorized health care providers or third party agencies.
In addition, if you do not complete the
form, or elect to be excluded from the directory, you will also not
receive flowers, visitors, or cards. It is very important you
make sure this form is signed and filled out completely.
A valid HIPAA Authorization signed by
the patient and/or the Personal Representative is required for
electronic or paper documentation of PHI. It is the responsibility
of the patient to notify the SJHS site of updates/changes to their PHI
Communication Tool form.
What is SJHS Required To Do
It is our
responsibility to:
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Protect and maintain the privacy of
your health information.
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Provide you with a notice (Notice of
Privacy Practices) as to our legal duties and privacy practices
with respect to information we maintain about you.
-
Abide by the terms of the Notice of
Privacy Practices.
- Notify you if
we are able or unable to agree to a requested restriction on certain uses and
disclosures.
- We reserve the
right to change our practices and to make the new provisions effective
for all protected health information we maintain, including
information created or received before the change. Should our
information practices change, we will have the revised notice
available to you upon request.
-
We will not disclose your health
information without your written authorization, except as fully
addressed in the SJHS Notice of Privacy Practices.
What Information Can Be Disclosed Without My Authorization?
Medical
information relating to your treatment, payment for services, or other
healthcare operations may be disclosed as necessary. Disclosure
without a patient’s authorization may occur in the instance of an
emergency, when required by law, to aid in investigations, or for
mandatory reporting--such as disease control or victims of abuse and
violence. For a more complete listing, please refer to the SJHS Notice
of Privacy Practices.
Who Do I Contact
For Additional Information?
To learn more
about HIPAA, consult the Notice of Privacy Practices. For specific
information or questions about your patient privacy rights or
complaints, contact a Privacy Site Coordinator at any of the following
locations:
- St. John’s
Hospital: (417) 820-2000
- St. John’s
Clinic (Springfield): (417) 829-4326
- St. John's
Clinic (Rolla): (573) 341-8044
- St. John's Homecare:
(417) 820-5550
- Mercy Villa:
(417) 820-8510
- St. John’s
Hospital -
Aurora: (417) 678-2122
- St. John’s
Hospital - Cassville: (417) 847-6000
- St. John's
Hospital - Lebanon: (417) 533-6100
- St. John's
Hospital - Berryville: (870) 423-3355
- St. John's - St. Francis
Hospital:
(417) 934-7000
- St. John's
Health Plans: (417) 820-3815
You may also contact the Corporate Privacy
Officer.
- Outside
Springfield: 1-888-664-4722 (1-888-MO-HIPAA)
- Inside
Springfield: (417) 820-6185
Who Do I Contact
For HIPAA Privacy Concerns?
Contact thel HIPAA coordinator for your
facility listed above,, or the Corporate Privacy Officer to obtain the
following:
- Request for
Access to PHI
(to view
your medical record)
Accounting of
Disclosure of PHI (to see
a record of who has viewed your PHI)
Request to
Amend Medical Record (to
make changes to your medical record)
Request a Form
for Filing a Privacy Complaint
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