Notice of privacy practices effective Sept. 23, 2013
This Notice describes how medical information about you may be used and disclosed and how you can obtain access to this information. Please review it carefully. You have the right to a paper copy of this Notice; you may request a copy at any time.
Labette Health ("Labette Health") provides healthcare services in partnership with physicians and other professionals and organizations. The following individuals and organizations follow this notice of privacy practices:
- All individuals employed by Labette Health.
- All hospital inpatient and outpatient departments (including physician clinics).
- Volunteers working at any Labette Health facility.
- Medical, nursing and other students present at any Labette Health facility.
- Any healthcare professional who examines or treats you at any Labette Health facility.
References to "Labette Health" and "we" in this notice include each of these individuals and organizations.
You will be asked to provide a written acknowledgement of your receipt of this Notice. We are required by law to make a good-faith effort to provide you with our Notice and obtain such acknowledgement from you. However, your receipt of care and treatment from Labette Health is not conditioned upon your providing the written acknowledgement.
How Labette Health may use and disclose health information about you
Labette Health may use and disclose your health information for the following purposes without your express consent or authorization. We will obtain your express written authorization before using or disclosing your information for any other purpose, including most uses and disclosures of: (1) psychotherapy notes; and (2) health information for marketing purposes. You may revoke such authorization, in writing, at any time to the extent Labette Health has not relied on it.
Treatment. We may use your health information to provide you with medical treatment. We may disclose information to doctors, nurses, technicians, medical students or other personnel involved in your care. We also may disclose information to persons outside Labette Health involved in your treatment, such as other healthcare providers, family members and friends.
We may use and disclose health information to discuss with you treatment options or health-related benefits or services or to provide you with promotional gifts of nominal value. We may use and disclose your health information to remind you of upcoming appointments. Unless you direct us otherwise, we may leave messages on your telephone answering machine identifying Labette Health and asking for you to return our call. We will not disclose any health information to any person other than you except to leave a message for you to return the call.
Payment. We may use and disclose your health information as necessary to collect payment for services we provide to you. We also may provide information to other healthcare providers to assist them in obtaining payment for services they provide to you.
Healthcare operations. We may use and disclose your health information for our internal operations. These uses and disclosures are necessary for our day-to-day operations and to make sure patients receive quality care. We may disclose health information about you to another healthcare provider or health plan with which you also have had a relationship for purposes of that provider's or plan's internal operations.
Business associates. Labette Health provides some services through contracts or arrangements with business associates. We require our business associates to appropriately safeguard your information.
Creation of de-identified health information. We may use your health information to create de-identified health information. This means that all data items that would help identify you are removed or modified.
Uses and disclosures required by law. We will use and/or disclose your information when required by law to do so.
Disclosures for public health activities. We may disclose your health information to a government agency authorized (a) to collect data for the purpose of preventing or control disease, injury, or disability; or (b) to receive reports of child abuse or neglect. We also may disclose such information to a person who may have been exposed to a communicable disease if permitted by law.
Disclosures about victims of abuse, neglect, or domestic violence. Labette Health may disclose your health information to a government authority if we reasonably believe you are a victim of abuse, neglect, or domestic violence.
Disclosures for judicial and administrative proceedings. Your protected health information may be disclosed in response to a court order or in response to a subpoena, discovery request, or other lawful process if certain legal requirements are satisfied.
Disclosures for law enforcement purposes. We may disclose your health information to a law enforcement official as required by law or in compliance with a court order, court-ordered warrant, a subpoena, or summons issued by a judicial officer; a grand jury subpoena; or an administrative request related to a legitimate law enforcement inquiry.
Disclosures regarding victims of a crime. In response to a law enforcement official's request, we may disclose information about you with your approval. We may also disclose information in an emergency situation or if you are incapacitated if it appears you were the victim of a crime.
Disclosures to avert a serious threat to health or safety. We may disclose information to prevent or lessen a serious threat to the health and safety of a person or the public or as necessary for law enforcement authorities to identify or apprehend an individual.
Disclosures for specialized government functions. We may disclose your protected health information as required to comply with governmental requirements for national security reasons or for protection of certain government personnel or foreign dignitaries.
Disclosure for fundraising. We may disclose demographic information and dates of service to an affiliated foundation or a business associate that may contact you to raise funds for Labette Health. You have a right to opt out of receiving such fundraising communications.
Disclosure for remunerated treatment communications. We may disclose your information for the purposes of communicating treatment alternatives or health-related products or services when Labette Health receives payment for your information in exchange for making the communication. You have a right to opt out of receiving such communications.
Other uses and disclosures
We will obtain your express written authorization before using or disclosing your information for any other purpose not described in this notice. You may revoke such authorization, in writing, at any time to the extent Labette Health has not relied on it.
Your rights regarding your health information
Right to inspect and copy. You have the right to inspect and copy health information maintained by Labette Health. To do so, you must complete a specific form providing information needed to process your request. You also have a right to an electronic copy of your health information. If you request copies, we may charge a reasonable fee. We may deny you access in certain limited circumstances. If we deny access, you may request review of that decision by a third party and we will comply with the outcome of the review.
Right to request amendment. If you believe your records contain inaccurate or incomplete information, you may ask us to amend the information. To request an amendment, you must complete a specific form providing information we need to process your request, including the reason that supports your request.
Right to an accounting of disclosures and access report. You have the right to request a list of disclosures of your health information we have made, with certain exceptions defined by law. You also may request an access report indicating who has accessed your PHI maintained by Labette Health or its business associates in an electronic designated record set in the last three years. To request an accounting or an access report, you must complete a specific written form providing information we need to process your request.
Right to request restrictions. You have the right to request a restriction on our uses and disclosures of your health information for treatment, payment, or healthcare operations. We must accept certain requests to not disclose health information to your health plan for payment or healthcare operations purposes if you have paid in full out of your own pocket for the item or service. You must complete a specific written form providing information we need to process your request. Labette Health's Privacy Officer is the only person who has the authority to approve such a request.
Right to request alternative methods of communication. You have the right to request that we communicate with you in a certain way or at a certain location. You must complete a specific form providing information needed to process your request. Labette Health's Privacy Officer is the only person who has the authority to act on such a request. We will not ask you the reason for your request, and we will accommodate all reasonable requests.
Breach notification. We are required to provide you with written notice concerning any breach of your health information. You will receive such notice via first-class mail, unless you agree to an alternative form of notice or we do not have a current address for you. If you have any concerns regarding any possible unauthorized use or disclosure of your health information and/or any breach notification made by Labette Health, you should contact Labette Health's Privacy Officer.
Health information technology
Labette Health participates in electronic health information technology or HIT. This technology allows a provider or a health plan to make a single request through a health information organization or HIO to obtain electronic records for a specific patient from other HIT participants for purposes of treatment, payment, or healthcare operations. HIOs are required to use appropriate safeguards to prevent unauthorized uses and disclosures.
You have two options with respect to HIT. First, you may permit authorized individuals to access your electronic health information through an HIO. If you choose this option, you do not have to do anything.
Second, you may restrict access to all of your information through an HIO (except as required by law). If you wish to restrict access, you must submit the required information either online at KanHIT.org or by completing and mailing a form. This form is available at KanHIT.org. You cannot restrict access to certain information only; your choice is to permit or restrict access to all of your information.
If you have questions regarding HIT or HIOs, please visit KanHIT.org for additional information.
If you receive healthcare services in a state other than Kansas, different rules may apply regarding restrictions on access to your electronic health information. Please communicate directly with your out-of-state healthcare provider regarding those rules.
If you believe your rights with respect to health information have been violated, you may file a complaint with Labette Health or with the Secretary of the Department of Health and Human Services. To file a complaint with Labette Health, please contact Labette Health's Privacy Office. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
Labette Health reserves the right to change the terms of this Notice and to make the revised Notice effective with respect to all protected health information regardless of when the information was created.