Homes for Children
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.
Homes for Children is committed to protecting your minor’s medical information. The law requires us to:
- Maintain the privacy of your minor’s medical information;
- Give you a Notification of our legal duties and privacy practices with respect to your minor’s medical information; and
- u Follow the terms of the Notice currently in effect.
What is this document?
This Notice of Privacy Practices describes how we may use and disclose your minor’s medical information. It also describes your rights to access and control your minor’s medical information.
What does this Notice cover?
This Notice of Privacy Practices applies to all of your minor’s medical information used to make decisions about your minor’s care that we generate or maintain. Different privacy practices may apply to your minor’s medical information that is created or kept by other people or entities.
What parts of Homes for Children are covered by this Notice?
This Notice of Privacy Practices will be followed by all of the employees and volunteers associated with, and the constituent parts of, Homes for Children.
What will you do with my minor’s medical information?
The following categories describe the ways that we may use and disclose your minor’s medical information with your consent. Not every use or disclosure in a category will be listed.
If you do not consent, we cannot provide you with treatment. If you are concerned about a possible use or disclosure of any part of your minor’s medical information, you may request a restriction.
Treatment. We will use this medical information to provide your minor with medical treatment and services.
Example: This medical information may be used by treatment providers or other personnel who are involved at Homes for Children.
We may disclose this medical information for the treatment activities of any other health care providers.
Example: We may send a copy of your minor’s medical record to another health care provider who needs to provide follow-up or additional care to your minor.
Payment. We may use medical information about your minor for our payment activities. Common payment activities include, but are not limited to:
- Determining eligibility or coverage under a plan
- Billing and collection activities
Example: Your minor’s medical information may be released to an insurance company to obtain payment for services or pre-approval of services.
We may disclose medical information about your minor to another health care provider or covered entity for its payment activities.
Example: We may give your minor’s payment information to a hospital that provided a service to your minor in order for the hospital to bill for its services.
Operations. We may use your minor’s medical information for our operations. These uses are necessary to run our healthcare businesses and to make sure clients receive quality care. Common operations activities include, but are not limited to:
- Conducting quality assessment and improvement activities;
- Reviewing the competence of health care professionals;
- Training health care professionals;
- Arranging for legal or auditing services; and
- Business management and planning.
Examples: (1) We may use your minor’s medical information to conduct internal audits to verify that billing is being conducted properly. (2) We may use your minor’s medical information to contact you for the purpose of conducting patient satisfaction surveys or to announce a new provider or service.
We may disclose medical information about your minor to another health care provider or covered entity for its operation activities under certain circumstances. Example: We may disclose your minor’s medical information to your health plan for its utilization review analysis or to another provider for its quality assurance activities.
Business Associates. We may disclose your minor’s medical information to other entities that provide a service to us or on our behalf that requires the release of client medical information. However, we only will make these disclosures if we have received satisfactory assurance that the other entity will properly safeguard your minor’s medical information.
Example: We may contract with another entity to provide transcription or billing services.
Treatment Alternatives. We may use and disclose your minor’s medical information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.
Research. We may use and disclose medical information about your minor to researchers. In most circumstances, you must sign a separate form specifically authorizing us to use and/or disclose your minor’s medical information for research. However, there are certain exceptions. Your minor’s medical information may be disclosed without your authorization for research if the authorization requirement has been waived or altered by a special committee that is charged with ensuring that the disclosure will not pose a great risk to your minor’s privacy or that measures are being taken to protect your minor’s medical information. Your minor’s medical information also may be disclosed to researchers to prepare for research as long as certain conditions are met.
Can you ever use and disclose my minor’s medical information without my consent? Yes. The following categories describe the ways that we may be required to use and disclose your minor’s medical information without your consent. Not every use or disclosure in a category will be listed.
Required by Law. We may disclose your minor’s medical information when required to do so by federal, state or local law.
Examples: (1) We may release your minor’s medical information for worker’s compensation or similar programs. These programs provide benefits for work-related injuries or illness. (2) We are required by law to report criminally inflicted injuries and cases of abuse and neglect. These reports may include your minor’s medical information.
Public Safety. We may use and disclose medical information about your minor when necessary to prevent a serious threat to your minor’s health and safety or the health and safety of the public or another person. Any disclosure would only be to someone able to help prevent the threat.
Public Health. We may disclose medical information about your minor for public health activities intended to:
- Prevent or control disease, injury or disability;
- Report births and deaths;
- Report abuse, neglect or violence as required by law;
- Report reactions to medications or problems with medical supplies;
- Notify people of recalls of products they may be using; or
- Notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition.
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 your minor is involved in a lawsuit or a dispute, we may disclose medical information about your minor in response to a court or administrative order. We may disclose medical information about your minor in response to a subpoena or discovery request, but only if efforts have been made to inform you about the request or to obtain an order protecting the information requested, unless the physician-patient privilege has been waived.
Law Enforcement. We may release medical information if asked to do so by law enforcement official:
- In response to a court order, warrant, summons or other 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 Homes for Children; and
- In emergency circumstances to report a crime; the location of the crime or victims; or the identity, description of the person who committed the crime.
National Security and Intelligence Activities. We may release medical information about your minor to authorized federal officials for intelligence and other national security activities authorized by law.
Protective Services for the President and Others. We may disclose medical information about your minor 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 your minor is an inmate of a correctional facility or under the custody of law enforcement official or agency, we may release your minor’s medical information to the correctional facility or law enforcement official or agency. This release may be necessary to:
- enable the correctional facility to provide your minor with health care; or
- protect the health and safety of you and/or other people.
What if you want to use and/or disclose my minor’s medical information for a purpose not described in this notice?
We must obtain a separate, specific authorization from you to use and/or disclose your minor’s medical information for any purpose not covered by this Notice or the laws that apply to us. In other words, the consent you already provided will not be enough to use and/or disclose your minor’s information for any purpose that is not described in this Notice.
What are my rights regarding my minor’s medical information?
You have the rights described below in regard to the medical information that we maintain about your minor. You are required to submit a written request to exercise any of these rights. Forms for exercising these rights will be available at any location where other providers render services. You also can obtain the forms by contacting Homes for Children’s Privacy Officer (828-898-5465).
Right to Inspect and Copy.
You have the right to inspect and obtain a copy of medical information used to make decisions about your minor’s care. This right does not apply to a very narrow category of medical information referred to as “psychotherapy notes”.
We may deny your request to inspect and/or copy your minor’s medical information in certain limited circumstances. If you are denied access, your may request that the denial be reviewed by a licensed health care professional chosen by us. We will comply with the outcome of the review.
Right to Amend. If you feel that medical information that we created is incorrect or incomplete, you may request that we amend your minor’s information by adding clarifying language. We cannot delete or destroy any information already included in your minor’s medical record. You must provide a reason that supports your amendment request.
- We may deny your request if you ask to amend information that:
- We did not create, unless the person or entity that created the information is not available to make the amendment;
- Is not part of the medical information we maintain;
- Is not part of the information that you would be permitted to inspect and copy; or
- Is accurate or complete.
Right to an Accounting of Disclosures. You have the right to request a free list of disclosures. There are several categories of disclosures that we are not required to list in the accounting. For example, we do not have to keep track of disclosures made for treatment, payment or health care operations or for those disclosures that are authorized. Your request must state a time period, which may not be longer than 6 years.
Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information we use or disclose about your minor unless our use and/or disclosure is required by law. You also have the right to request a limit on the medical information we disclose about your minor to someone who is involved in your minor’s care, like a family member or friend. For example, you may want to pay cash for certain services instead of having information submitted to your insurance company for payment. We are not required to agree with your request. If we agree, we will comply with your request unless the information is needed to provide emergency treatment to your minor. You must specify the type of restriction you want and to whom it applies.
Right to Request 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. 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. Copies of this Notice will be posted and available for distribution at each location where medical services are provided and on our website.
Can you change this Notice? We reserve the right to change this Notice. We reserve the right to make the revised or changed Notice effective for medical information we already have about your minor as well as any information we receive in the future.
What if I have questions or need to report a problem? If you believe your minor’s privacy rights have been violated, you may file a complaint with us or with the Secretary of the Department of Health and Human Services.
To file a complaint with us, or if you would like more information about our privacy practices, contact our Privacy Officer at 828-898-5465. The mailing address is PO Box 98, Banner Elk, NC 28604.
To file a complaint with the Secretary of the Department of Health and Human Services, you must submit a written complaint within 180 days of when you knew or should have known of the circumstance that led to the complaint. Our Privacy Official can provide you with current contact information.
You will not be penalized for filing a complaint.
