Notice of Privacy Practices Regarding Protected Health Information (PHI)
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I. 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 any questions about this notice, please contact LMCH’s Privacy Officer at (318) 242-4629.
This Notice of Privacy Practices describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control protected health information. "Protected health information" is information about you, including demographic information like your name, birth date and address, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.
We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice, at any time. The new notice will be effective for all protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice of Privacy Practices. You can access the most recent notice on our web site (www.lmch.org) or by calling the office and requesting that a revised copy be sent to you in the mail or asking for one at the time of your next appointment.
II. Our Duty to Safeguard Your Protected Health Information:
Individually identifiable information about your past, present, or future health or condition, the provision of health care to you, or payment for the health care is considered "Protected Health Information" ("PHI"). We are required to extend certain protections to your PHI, and to give you this Notice about our privacy practices that explains how, when and why we may use or disclose your PHI. Except in specified circumstances, we must use or disclose only the minimum necessary PHI to accomplish the intended purpose of the use or disclosure.
We are required to follow the privacy practices described in this Notice, though we reserve the right to change our privacy practices and the terms of this Notice at any time. If we do so, we will post a new Notice in the lobby in Webb Hall. You may request a copy of the new notice from the Privacy Officer at (318) 242-4629 and it will also be posted on our web site at www.lmch.org.
III. How We May Use and Disclose Your Protected Health Information:
We use and disclose PHI for a variety of reasons. We have a limited right to use and/or disclose your PHI for purposes of treatment, payment or our health care operations. For uses beyond that, we must have your written authorization unless the law permits or requires us to make the use or disclosure without your authorization. If we disclose your PHI to an outside entity in order for that entity to perform a function on our behalf, we must have in place an agreement from the outside entity that will extend the same degree of privacy protection to your information that we must apply to your PHI. However, the law provides that we are permitted to make some uses/disclosures without your consent or authorization. The following offers more description and some examples of our potential uses/disclosures of your PHI.
Uses and Disclosures Relating to Treatment, Payment and Health Care Operations:
Generally we may use or disclose your PHI as follows:
º For treatment: We may disclose your PHI to doctors, nurses, therapists, and other health care personnel who are involved in providing your health care. For example, your PHI will be shared among members of your treatment team. Your PHI may also be shared with outside entities performing other services relating to your treatment, such as lab work or x-rays, or for consultation purposes, or the Department of Corrections or Office of Community Services agencies as well as local courts involved in provision or coordination of your care. Your information may be disclosed to a pharmacy so that we may fill prescriptions needed for your care.
º To obtain payment: We may use/disclose your PHI in order to bill and collect payment for your health care services. For example, we may release portions of your PHI to the Medicaid program for enrollment, verification and billing, the Department of Corrections or Office of Community Services, police jury and/or a private insurer to get paid for services that we delivered to you.
º For health care operations: We may use/disclose your PHI in the course of operating our mental health services. For example, we may take your photograph for identification purposes, use your PHI in evaluating the quality of services provided, or disclose your PHI to our accountant, attorney or licensing agency for audit purposes. Release of your PHI to the state agencies might also be necessary to determine your eligibility for publicly funded services.
º Appointment reminders: Unless you provide us with alternative instructions, we may send appointment reminders and other similar materials to your home.
Uses and Disclosures Requiring Authorization:
For uses and disclosures beyond treatment, payment and operation purposes we are required to have your written authorization, unless the use or disclosure falls within one of the exceptions described below. Authorizations can be revoked by you at any time to stop future uses/disclosures except to the extent that we have already undertaken an action in reliance upon your authorization.
Uses and Disclosures of PHI from Mental Health Records Not Requiring Authorization:
The law provides that we may use/disclose your PHI from mental health records without consent or authorization in the following circumstances:
º When required by law: We may disclose PHI when a law requires that we report information about suspected abuse, neglect or domestic violence, or relating to suspected criminal activity, or in response to a court order. We must also disclose PHI to authorities that monitor compliance with these privacy requirements.
º For public health activities: We may disclose PHI when we are required to collect information about disease or injury, or to report vital statistics to the public health authority.
º For health oversight activities: We may disclose PHI for monitoring the health care system for such purposes as reporting investigation of unusual incidents.
º Relating to decedents: We may disclose PHI relating to an individual’s death to coroners, medical examiners or funeral directors, and as indicated, to organ procurement organizations relating to organ, eye, or tissue donations or transplants.
º To avert threat to health or safety: In order to avoid a serious threat to health or safety, we may disclose PHI as necessary to law enforcement or other persons who can reasonably prevent or lessen the threat of harm. If you are AWOL, some information may be released to law enforcement personnel to assist in your safe return.
º For specific government function: We may disclose PHI of military personnel and veterans in certain situations, to correctional facilities in certain situations, to government benefit programs relating to eligibility and enrollment, and for national security reasons, such as protection of the President.
Uses and Disclosures of PHI from Alcohol and Other Drug Records Not Requiring Authorization:
The law provides that we may use/disclose your PHI from alcohol and other drug records without consent or authorization in the following circumstances:
º When required by law: We may disclose PHI when a law requires that we report information about suspected child abuse, neglect, or when a crime has been committed on the program premises or against program personnel, or in response to a court order.
º Relating to decedents: We may disclose PHI relating to an individual’s death if state or federal law requires the information for collection of vital statistics or inquiry into cause of death.
º For research, audit or evaluation purposes: In certain circumstances, we may disclose PHI for research, audit or evaluation purposes.
º To avert threat to health or safety: In order to avoid a serious threat to health or safety, we may disclose PHI to law enforcement when a threat is made to commit a crime.
Uses and Disclosures Requiring You to have an Opportunity to Object:
In the following situations, we may disclose a limited amount of your PHI if we inform you about the disclosure in advance and you do not object, as long as the disclosure is not otherwise prohibited by law. However, if there is an emergency situation and you cannot be given your opportunity to object, disclosure may be made if it is consistent with any prior expressed wishes and disclosure is determined to be in your best interests. You must be informed and given an opportunity to object to further disclosure as soon as you are able to do so.
º Patient Directories: Your name, location, and general condition may be put into our patient directory to assist us in directing calls to you and about you. Additionally, your religious affiliation may be shared with clergy.
º To families, friends or others involved in your care: We may share with these people information directly related to their involvement in your care, or payment for your care. We may also share PHI with these people to notify them about your location, general condition, or death.
IV. Your Rights Regarding Your Protected Health Information:
You have the following rights relating to your protected health information:
º To request restrictions on uses/disclosure: You have the right to ask that we limit how we use or disclose your PHI. We will consider your request, but are not legally bound to agree to the restriction. To the extent that we do agree to any restrictions on our use/disclosure of your PHI, we will put the agreement in writing and abide by it except in emergency situations. We cannot agree to limit uses/disclosures that we are required by law.
º To choose how we contact you: You have the right to ask that we send you information at an alternative address or by an alternative means. We must agree to your request as long as it is reasonably easy for us to do so.
º To inspect and copy your PHI: Unless your access is restricted for specific and documented treatment reasons, you have a right to see your protected health information upon your written request. We will respond to your request within 30 days. If we deny your access, we will give you written reasons for the denial and explain any right to have the denial reviewed. If you want copies of your PHI, a charge for copying may be imposed, depending on your circumstances. You have a right to choose what portions of your information you want copied and to have prior information on the cost of copying.
º To request amendment of your PHI: If you believe that there is a mistake or missing information in our record of your PHI, you may request, in writing, that we correct or add to the record. We will respond within 60 days of receiving your request. We may deny the request if we determine that the PHI is (i) correct and complete; (ii) not created by us and/or not part of our records, or (iii) not permitted to be disclosed. Any denial will state the reasons for denial and explain your rights to have the request and denial, along with any statement in response that you provide, appended to your PHI. If we approve the request for amendment, we will change the PHI and so inform you, and tell others that need to know about the change in the PHI.
º To find out what disclosures have been made: You have a right to get a list of when, to whom, for what purpose, and what content of your PHI has been released other than instances of disclosure for treatment, payment and operations; to you, your family, or the facility directory; or pursuant to your written authorization. The list also will not include any disclosures made for national security purposes, to law enforcement officials or correctional facilities, or disclosures made before April 2003. We will respond to your written request for such a list within 60 days of receiving it. Your request can relate to disclosures going as far back as six years. There will be no charge for up to one such list each year. There may be a charge for more frequent requests.
º To receive this notice: You have a right to receive a paper copy of this Notice of Privacy Practices and/or an electronic copy by email upon request.
V. How to Complain about our Privacy Practices: If you think we may have violated your privacy rights, or you disagree with a decision we made about access to your PHI, you may file a complaint with the person listed in Section VI. You also may file a written complaint with the Secretary of the U.S. Department of Health and Human Services at 200 Independence Avenue, S.W, Washington, D.C. 20201, 1-877-696-6775. We will not retaliate against you if you file a complaint.
VI. Contact Person for Information, or to Submit a Complaint: If you have any questions about this Notice or any complaints about our privacy practices, please contact the Privacy Officer, P. O. Box 929 Ruston, La 71273-0929, (318) 242-4629.
VII. Effective Date: This Notice was effective on April 13, 2003.
