THIS
NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED
AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THE INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY.
Effective Date: April 14, 2003
Presbyterian Children's
Services is required by
law to:
- Make sure
that medical/mental health information that identifies you
is kept confidential;
- Give you
this notice of our legal duties and privacy practices
regarding your medical information;
- Follow the
terms of the notice currently in effect.
If you have any questions about
this notice, please contact our Privacy Officer at 314-989-9727,
extension 307.
Our Pledge Regarding Your
Medical/Mental Health Information
We understand that medical/mental health information about you
and your health is personal. We are committed to protecting your
medical/mental health information. We create a record of the
services that you receive. We need this record to provide
quality care management and to comply with certain legal
requirements. This notice applies to all of the records created
and received by us, whether made by Presbyterian Children's
Services personnel, or by your personal care provider.
How We May Use and Disclose
Information about You
The following categories describe different ways that we use and
disclose medical/mental health information. For each category,
we will explain our meaning and give examples. Not every use or
disclosure will be listed, but all of the ways that we are
permitted to use and disclose medical/mental information will
fall within one of the categories.
- For
Treatment: We may
use medical/mental health information about you to provide
you with medical/mental health treatment and/or services. We
may disclose information about you to doctors, nurses,
technicians, mental health care providers, and/or other
hospital, surgery center or clinic personnel who are
involved in your care. For example, a doctor treating you
for a broken leg may need to know if you have diabetes
because diabetes may slow the healing process. The doctor
may tell the dietician so appropriate meals can be arranged
for you. Different departments of the hospital may also
share information about you to coordinate the various things
you need, such as x-rays, lab work, and prescriptions. We
may also disclose information about you to people outside
our health system who may be involved in your medical/mental
health care after you leave our system.
- For
Payment: We may use
and disclose medical/mental health information about you so
that your medical/mental health treatment and services may
be billed to, and payment collected from, your insurance
company or other third party (like your auto insurance
company, if applicable). This includes Workers Compensation.
We may also tell your health plan about treatment you may
receive in order to obtain prior approval or to determine
whether your plan will cover the treatment.
- For
Health Care Functions:
We may use and disclose medical/mental health information
about you for hospital, surgery center and clinic functions.
These uses and disclosures are necessary to run our care
management organization and to make sure that our clients
receive quality care. For example, we may use your
medical/mental health information to review your treatment
and services, and to evaluate the performance of our staff
in caring for you. We may also combine medical/mental health
information about many of our clients to decide what
additional services we should offer, or whether certain new
treatments are effective. We may also disclose
medical/mental health information to care personnel for
review and learning purposes. We may also combine
medical/mental health information we have with
medical/mental health information from other medical/mental
health organizations 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/mental health information so others may
use it to study health care and its delivery without
learning who the specific patients are.
- Emergency
treatment: We are
not required to get your consent before emergency care as
long as we try to get your consent after treatment, or if we
try to get your consent but you are unconscious, in severe
pain, or in psychiatric crisis, and we think you would
consent if you were able to do so.
- For
Appointment Reminders:
We may use and disclose medical/mental health information to
contact you as a reminder that you have an appointment for
treatment or care through a care provider.
- For
Health Related Benefits and Services:
We may use and disclose medical/mental health information to
tell you about health related benefits or services that may
be of interest to you.
- For
Research: Under
certain circumstances, we may use and disclose
medical/mental health 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
medication for the same condition. All research projects are
evaluated for balance between research needs and patients'
needs for privacy.
- As
Required by Law: We
will disclose medical/mental health information about you
when required to do so by federal or state law.
- To
Avert a Serious Threat to Health or Safety:
We may use and disclose medical/mental health information
about you when necessary to prevent a serious threat to your
health and safety, or the health and safety of the public.
Any disclosure, however, would only be to someone able to
help prevent the threat.
- Organ
and Tissue Donation:
If you are a donor, we may release medical information to
organizations that handle organ procurement or
transplantation, 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/mental health information about you as required by
military command authorities. We may also release
information about foreign military personnel to the
appropriate foreign military authority.
- Public
Health Risks: We
may disclose medical/mental health information about you for
public health purposes. These purposes generally include the
following:
- To
prevent or control, disease, injury or disability;
- To
report births and deaths;
- To
report suspected child abuse or neglect;
- To
report reactions to medications or problems with
products;
- To
notify people of recalls of product 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 client 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/mental health information to a health
oversight agency for activities authorized by law (for
example, Department of Health, Medicare, and DSHS). These
activities may 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/mental health information about you in response to a
court or administrative order. We may also disclose
medical/mental health information about you in response to a
subpoena, discovery request, or other lawful process by
someone else involved in the dispute.
- Law
Enforcement: We may
release medical/mental health information if asked to do so
by a law enforcement official:
1.
In response to a court order, subpoena, warrant, summons,
or similar process;
2.
To identify or locate a suspect, fugitive, material
witness or missing person;
3.
About the victim of a crime, if, under certain limited
circumstances, we are unable to obtain the person's agreement;
4.
About a death we believe may be the result of criminal
conduct;
5.
About criminal conduct at the agency; and
6.
In emergency circumstances to report a crime, the
location of the crime or victims, of the identity, description
or location of the person who allegedly 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 information about clients to funeral directors as
necessary to carry out their duties.
- National
Security and Intelligence Activities:
We may disclose medical/mental health information about you
to authorized federal officials for intelligence,
counterintelligence, and other national security activities
as authorized by law.
- Protective
Services for the President and Others:
We may disclose medical/mental health information about you
to authorized federal officials so that they may provide
protection to the President, other authorized persons, or
foreign heads of state, or in order to 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/mental health information about you to the
correctional institution or law enforcement official. This
would be necessary for the institution to provide you with
health care, to protect your health and safety or the health
and safety of others, or for the safety and security of the
correctional institution.
YOUR
RIGHTS CONCERNING MEDICAL INFORMATION ABOUT YOU
You
have the following rights regarding medical/mental information
we maintain about you:
o
Right to Inspect
and Copy: You have the
right to inspect and get a copy of medical/mental health
information that may be used to make decisions about your care.
Usually, this includes medical/mental health and billing
records, but does not include psychotherapy notes.
To
inspect and get a copy of medical/mental information that may be
used to make decisions about you, you must submit your request
in writing to the Privacy Officer at Presbyterian Children's
Services. If you request a copy of the information, we will
charge a fee for the costs of copying. These fees are set by
law.
We may
deny your request to inspect and copy your record in certain
very limited circumstances. If you are denied access to
medical/mental health information, you may request that the
denial be reviewed. Another licensed health care professional
chosen by our organization will review your request and the
denial. The person conducting the review will not be the person
who denied your request. We will comply with the outcome of the
review.
o
Right to Amend:
If you think the medical/mental health 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 our organization. To
request an amendment, your request must be made in writing and
submitted to our Privacy Officer. In addition, you must supply 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 your request. In addition,
we may also 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/mental health information kept by or
for our organization;
- is not
part of the information which you would be permitted to
inspect and copy; or
- is not
accurate and complete.
o
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/mental health information about you for anything other
than to carry out treatment, payment and health care operations.
To
request this list, or accounting of disclosures, you must submit
your request in writing to our Privacy Officer. Your request
must state a time period which may not be longer than six years,
and may not include dates before April 14, 2003. The first list
you request in any twelve-month period will be free of charge.
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 before any
costs are incurred.
o
Right to Request
Restrictions: You have
the right to request a restriction or limitation on the
medical/mental health information that we use or disclose about
you for treatment and/or payment of health care operations. You
also have the right to request a limit on the medical/mental
health information we disclose about you to someone who is
involved in your care, or the payment of your care.
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 with emergency treatment.
To
request restrictions, you must submit your request in writing to
our Privacy Officer. In your request, you must tell us what
information you want to limit, whether you want to limit our
use, our disclosure, or both, and to whom you want the limits to
apply.
o
Right to Request
Confidential Communications:
You have the right to request that we communicate with you about
medical/mental health matters in a certain way or in 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 our 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 a right to a paper copy of this notice. You may
ask us to give you a copy of this notice at any time. Even
if you have agreed to receive this notice electronically,
you are still entitled to a paper copy of this notice. You
may obtain a copy of this notice at our website, at http://care4kids.org.
To obtain a paper copy of this notice, contact our Privacy
Officer.
Changes
to this Notice
We reserve the right to change this notice. We reserve the right
to make the revised or changed notice effective for
medical/mental health information we already have about you, and
for information we receive in the future. We will post a copy of
the current notice on our web site. The notice will contain the
effective date.
Complaints
If you believe your privacy rights have been violated, you may
file a complaint with our Privacy Officer or with the Secretary
of the Department of Health and Human Services. To file a
complaint with our Privacy Officer, contact:
Privacy Officer/Presbyterian Children's Services
1353
North Warson Road
St
Louis, Missouri 63132
All complaints must be submitted in writing
You
will not be penalized for filing a complaint.
Other
Uses of Medical/Mental Health Information
Other uses and disclosures of medical/mental health information
not covered by this 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/mental health 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/mental health 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 you.