NOTICE OF PRIVACY PRACTICES
Effective Date: 4/14/03
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 the Privacy Officer and/or the Patient Advocate.
WHO WILL FOLLOW THIS NOTICE
This notice describes our hospital’s practices
and that of:
- Any health care professional authorized to enter information
into your hospital chart.
- All departments and units of NorthBay Medical Center and
NorthBay VacaValley Hospital including outpatient departments
and the Primary Care Clinic.
- Any member of a volunteer group we allow to help you while you
are in the hospital.
- All employees, staff and other hospital personnel.
All these entities, sites and locations follow the
terms of this notice. In addition, these entities, sites and locations
may share medical information with each other for treatment, payment
or health care operations purposes described in this notice.
OUR PLEDGE REGARDING MEDICAL INFORMATION
We understand that medical information about you
and your health is personal. We are committed to protecting medical
information about you. We create a record of the care and services you
receive at the hospital. We need this record to provide you with
quality care and to comply with certain legal requirements. This
notice applies to all of the records of your care generated by the
hospital, whether made by hospital personnel or your personal doctor.
Your personal doctor may have different policies or notices regarding
the doctor’s use and disclosure of your medical information created
in the doctor’s office or clinic.
This notice will tell you about the ways in which
we may use and disclose medical information about you. We also
describe your rights and certain obligations we have regarding the use
and disclosure of medical information.
We are required by law to:
- make sure that medical information that identifies you is kept
private (with certain exceptions);
- give you this notice of our legal duties and privacy practices
with respect to medical information about you; and
- follow the terms of the notice that is currently in effect.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION
ABOUT YOU
The following categories describe different ways
that we use and disclose medical information. For each category of
uses or disclosures we will explain what we mean and try to give some
examples. Not every use or disclosure in a category will be listed.
However, all of the ways we are permitted to use and disclose
information will fall within one of the categories.
For Treatment
We may use medical information about you to provide
you with medical treatment or services. We may disclose medical
information about you to doctors, nurses, technicians, medical
students, or other hospital personnel who are involved in taking care
of you at the hospital. 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. In addition, the doctor may need to tell the
dietitian if you have diabetes so that we can arrange for appropriate
meals. Different departments of the hospital also may share medical
information about you in order to coordinate the different things you
need, such as prescriptions, lab work and x-rays. We also may disclose
medical information about you to people outside the hospital who may
be involved in your medical care after you leave the hospital, such as
skilled nursing facilities or home health agencies.
For Payment
We may use and disclose medical information about
you so that the treatment and services you receive at the hospital may
be billed to and payment may be collected from you, an insurance
company or a third party. For example, we may need to give your health
plan information about surgery you received at the hospital so your
health plan will pay us or reimburse you for the surgery. We may also
tell your health plan about a treatment you are going to receive to
obtain prior approval or to determine whether your plan will cover the
treatment.
For Health Care Operations
We may use and disclose medical information about
you for health care operations. These uses and disclosures are
necessary to run the hospital and make sure that all of our patients
receive quality care. For example, we may use medical information to
review our treatment and services and to evaluate the performance of
our staff in caring for you and to conduct quality assessment and
improvement activities. We may also use medical information to conduct
medical review and auditing for the purposes of fraud and abuse
detection and compliance with state and federal regulations. We may
also combine medical information about many hospital patients to
decide what additional services the hospital should offer, what
services are not needed, and whether certain new treatments are
effective. We may also disclose information to doctors, nurses,
technicians, medical students, and other hospital personnel for review
and learning purposes. We may also combine the medical information we
have with medical information from other hospitals to compare how we
are doing and see where we can make improvements in the care and
services owe offer. We may remove information that identifies you from
this set of medical information so others may use it to study health
care and health care delivery without learning who the specific
patients are.
Appointment Reminders
We may use and disclose medical information to
contact you as a reminder that you have an appointment for treatment
or medical care at the hospital.
Treatment Alternatives
We may use and disclose medical information to tell
you about or recommend possible treatments options or alternatives
that may be of interest to you.
Health-Related Products and Services
We may use and disclose medical information to tell
you about our health-related products or services that may be of
interest to you.
Fundraising Activities
We may give information to NorthBay Healthcare
Foundation so that the Foundation may contact you in raising money for
the hospital. We would only release contact information, such as your
name, address and phone number and the dates you received treatment or
services at the hospital. If you do not want the Foundation to contact
you for fundraising efforts, you must notify NorthBay Healthcare
Foundation in writing at the following address:
NorthBay Healthcare Foundation
1860 Pennsylvania Ave., Suite 305
Fairfield, CA 94533
Hospital Directory
We may include certain limited information about
you in the hospital directory while you are a patient at the hospital.
This information may include your name, location in the hospital, your
general condition (e.g., fair, stable, etc.) and your religious
affiliation. Unless there is a specific written request from you to
the contrary, this directory information, except for your religious
affiliation, may also be released to people who ask for you by name.
Your religious affiliation may be given to a member of the clergy,
such as a priest or rabbi, even if they do not ask for you by name.
This information is released so your family, friends and clergy can
visit you in the hospital and generally know how you are doing. You
will be given the chance during registration to request that your name
not appear on the hospital chaplain’s religious census (a list of
patient names and religious affiliation) if you so desire.
You also have the chance to not have your name and
your presence in the hospital available to anyone who calls. This is
called "Release No Information" and this is done by
completing a Release No Information form.
Individuals Involved in Your Care or Payment for
Your Care
We may release medical information about you to a
friend or family member who is involved in your medical care. We may
also give information to someone who helps pay for your care. Unless
there is a specific written request form you to the contrary, we may
also tell your family or friends you condition and that you are in the
hospital. In addition, we may disclose medical information about you
to an entity assisting in a disaster relief effort so that your family
can be notified about your condition, status and location.
Research
Under certain circumstances, we may use and
disclose medical 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, for the same condition. All research projects,
however, are subject to a special approval process. This process
evaluates a proposed research project and its use of medical
information, trying to balance the research needs with patients’
need for privacy or their medical information. Before we use or
disclose medical information for research, the project will have been
approve through this research approval process.
As Required By Law
We will disclose medical information about you when
required to do so by federal, state or local law.
To Avert a Serious Threat to Health or Safety
We may use and disclose medical information about
you when necessary to prevent a serious threat to your health and
safety or the health and safety of the public or another person. Any
disclosure, however, would only be to someone able to help prevent the
threat.
SPECIAL SITUATIONS
Organ and Tissue Donation
We will release medical information to
organizations that handle organ procurement or organ, eye or tissue
transplantation or to an organ donation band, 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 information about you as required by military command
authorities. We may also release medical information about foreign
military personnel to the appropriate foreign military authority.
Worker’s Compensation
We may release medical information about you for
workers’ compensation or similar programs. These programs provide
benefits for work-related injuries or illness.
Public Health Risks
We may disclose medical information about you for
public health activities. These activities generally include the
following:
- to prevent or control disease, injury or disability;
- to report births and deaths;
- to report the abuse or neglect of children, elders and dependent
adults and domestic violence;
- to report reactions to medications or problems with products;
- to notify people of recalls of products 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;
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.
Law Enforcement
We may release medical information if asked to do
so by a law enforcement official:
- In response to a court order, subpoena, warrant, summons or
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 the hospital; and
- In emergency circumstances to report a crime; the location of
the crime or victims; or the identity, description or location
of the person who 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
medical information about patients of the hospital to funeral
directors as necessary to carry out their duties.
National Security and Intelligence Activities
We may release medical information about you to
authorized federal officials for intelligence, counterintelligence,
and other national security activities authorized by law.
Protective Service for the President and Others
We may disclose medical information about you to
authorized federal officials so they may provide protection to the
President, other authorized persons or foreign heads of states or
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 information about you to the correctional institution or law
enforcement official. This release would be necessary (1) for the
institution to provide you with health care; (2) to protect your
health and safety or the health and safety of others; or (3) for the
safety and security of the correctional institution. As an inmate you
will automatically be made a "Release No Information"
patient in our hospital. This means if someone calls, other than the
corrective institution, we will not acknowledge your presence in our
hospital.
YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU
You have the following rights regarding medical
information we maintain about you.
Right to Inspect and Copy
You have the right to inspect and copy medical
information that may be used to make decisions about your care.
Usually, this includes medical and billing records, but may not
include some mental health information.
To inspect and copy medical information that may be
used to make decisions about you, you must submit your request in
writing to Medical Records Department. If you request a copy of the
information, we may charge a fee for the costs of copying, mailing or
other supplies associated with your request.
We may deny your request to inspect and copy in
certain very limited circumstances. If you are denied access to
medical information, you may request that the denial be reviewed.
Another licensed health care professional (physician) chosen by the
hospital 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.
Right to Amend
If you feel that medical 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 the hospital. To request an
amendment, your request must be made in writing and submitted to
Medical Records Department. In addition, you must provide 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 the request. In
addition, we may 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 information kept by or for the
hospital;
- Is not part of the information which you would be permitted to
inspect and copy; or
- Is accurate and complete.
Even if we deny your request for amendment, you
have the right to submit a written addendum, not to exceed 250 words,
with respect to any item or statement in you record you believe is
incomplete of incorrect. If you clearly indicate in writing that you
want the addendum to be made part of your medical record we will
attach it to your records and include it whenever we make a disclosure
of the item or statement you believe to be incomplete or incorrect.
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 information about you other than our own uses for treatment,
payment and health care operations, (as those functions are described
above) and with other expectations pursuant to the law.
To request this list or accounting of disclosures,
you must submit your request in writing to Medical Records Department.
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 within a 12 month period will be free. 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 at that time before any costs are incurred.
Right to Request Restrictions
You have the right to request a restriction or
limitation on the medical information we use or disclose about you for
treatment, payment or health care operations. You also have the right
to request a limit on the medical information we disclose about you to
someone who is involved in your care or the payment for your cared,
like a family member or friend. For example, you could ask that we not
use or disclose information about a surgery that you had.
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 emergency treatment.
To request restrictions, you must make your request
in writing to Medical Records Department. In your request, you must
tell us (1) what information you want to limit; (2) whether you want
to limit our use, disclosure or both; and (3) to whom you want the
limits to apply, for example, disclosures to your spouse.
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.
To request confidential communications, you must
make your request in writing to Medical Records Department. 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 will receive a paper copy of this notice. You
may obtain a copy of this notice at our website: www.northbay.org.
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 information we already have about you as well as any
information we receive in the future. We will post a copy of the
current notice in the hospital. The notice will contain on the first
page, in the top right-hand corner, the effective date. In addition,
each time you register at or are admitted to the hospital for
treatment or health care services as an inpatient or outpatient, we
will offer you a coy of the current notice in effect.
COMPLAINTS
If you believe your privacy rights have been
violated, you may file a complaint with the hospital or with the
Secretary of the Department of Health and Human Services. To file a
complaint with the hospital, contact the Privacy Officer or the
Patient Advocate. All complaints must be submitted in writing to the
following address:
Privacy Officer or Patient Advocate
NorthBay Healthcare
1200 B. Gale Wilson Blvd.
Fairfield, CA 94533
You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION
Other uses and disclosures of medical 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 information about you, you may revoke that
permission, in writing, at any time. If you revoke your permission,
this will stop any further use or disclosure of your medical
information for the purposes covered by your written authorization,
except if we have already acted in reliance on your permission. 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 to you.
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