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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.
(HIPAA,45 CFR 164.520(1)(I), FEDERALLY
REQUIRED NOTIFICATION The
Wabash Memorial Hospital Association (WMHA) has adopted this Notice of
Privacy Practices to comply with Federal Guidelines as outlined in the
Health Insurance Portability and Accountability Act (HIPAA). It is also
our policy to advise each member of their rights and expectations with respect
to the privacy of certain Protected Health Information (PHI). Protected health
information is defined as: any 'individually identifiable health information'
whether maintained or transmitted on paper, in electronic format or orally.
It may include demographic information collected from an individual that is
created or received by a health care provider, health plan, health care
clearinghouse, or employer, that relates to an individual's past, present or
future physical or mental health or condition, or payment for that individual's
health care, and that identifies the individual or for which there is a
reasonable basis to believe it can be used to identify the individual. WMHA
acknowledges that during routine business transactions it is necessary to
collect, receive and make use of certain personal or family medical information
that is considered PHI. This information may come from hospitals, clinics
and physician providers or other insurance entities. Without such data, we
would be unable to properly process and pay medical claims on your behalf.
Since we provide either Primary or Secondary coverage for all WMHA members, we
maintain Business Partner Agreements with other Providers who may be directly or
indirectly involved in your healthcare. In those instances where we also
serve as a 'Provider', that data must be shared with other insurance entities to
receive proper reimbursement for your treatment. Our intent and
ongoing practice is to resolutely and diligently protect the privacy of all the
health information of all our members that we may be expose to in any form, from
any source. The development of this policy focuses on the
following acknowledgments and assumptions.
- Patient medical records are the property of the facility /
office generating that document, however, the patient has a right to access
the information in that record.
- WMHA will obtain consent to release medical information
from the members or their parent/guardian; except for those instances
otherwise required by prevailing law, professional ethics, and continuity of
care, billing, communicable disease reporting, etc.
- Informed consent, i.e., with knowledge of the risks and
benefits of disclosure, must be obtained for the release or transfer of
especially sensitive information such as AIDS/HIV, alcohol and drug abuse
prevention and treatment.
- Any disclosure of confidential patient/member information
carries the risk potential for an unauthorized redisclosure that could breach
confidentiality.
- The request for releasing patient information (copying,
postage, etc.) generates cost for WMHA, which reserves the right to charge
accordingly.
- WMHA reserves the right to change or otherwise modify this
policy.
Protected Information: PHI may be received from many
sources via U.S. Mail, telephone, in writing or over a computer line.
Information may be oral or recorded in any medium, that relates to an
individual's past, present or future physical or mental health or condition, or
provision of or payment for healt6h care to an individual or: Created or
received by health care provider, health plans, public health authority,
employer, insurers, schools or clearinghouses.
Identifiable Information: Includes demographic data collected from an
individual, created or received by a health care provider, health plan,
employer or clearinghouse that may directly or inadvertently permit
identification or an individual, e.g., name address, SSN, phone number.
Allowable use of data: Generally, WMHA may use or
disclose PHI to 1) carry out patient treatment, 2) facilitate payment for such
treatment, and 3) to carry out our own health care operations such as
assisting in the settlement of member's FELA claims.
As a provider, as well as insurer, WMHA will only share a
minimum level of information on behalf of a member in order to determine
eligibility and covered benefits, assist with precertification or
preauthorization, utilization review, billing claims management etc.
Example: Your doctor may share medical information about you with
another health care provider. For example, if you are referred to
another doctor, that doctor will need to know if you are allergic to any
medications. Similarly, your doctor may share PHI about you when calling
in a prescription.
WMHA WILL NOT SHARE MEMBER INFORMATION FOR MARKETING MAILING
LISTS OR FUND RAISING PURPOSES EXCEPT AS MAY BE DIRECTLY AFFILIATED WITH WMHA
SUCH AS THE WABASH HOSPITAL ASSOCIATION FOUNDATION.
Worksite Health / Safety and Law Enforcement / Public
Interest as well as certain areas of medical research are issues that
allow the exchange of PHI without specific consent. This data will
normally be collective; group data/statistics unless if demanded by a court of
law, specific member information related to child abuse, adult abuse, neglect,
domestic violence or national security, may be demanded.
Permission: Consent, Authorization and Oral Permission:
Consent from the patient must be granted to Direct Treating Providers giving
them permission to use PHI for treatment, payment, or healthcare operations.
This can permit a One Time Event or good until revoked. Consents must be
signed and dated and may be revoked at any time. Exceptions noted are for
treatments required by law, certain emergency situations, when language barriers
exist, treatment to inmates and some health plans and clearinghouses. Oral
Permission is adequate for the sharing of some PHI such as notification of
family members or friends involved in one's care or care payment and/or certain
directory information. Religion information may be disclosed to clergy.
Oral permission is adequate also for the ordering of prescription medications,
x-rays and medical supplies. Authorization is required for the
release of PHI in situations not requiring consent: i.e. to
persons/entities not directly involved in the patient's care such as Workman's
Compensation claims, third party payers, life insurance inquiries, transfer of
certain medical/pharmacy records, etc. WMHA will
have available upon request by a member information about who is requesting
information, what, when and how that information is disclosed and by whom.
We will always satisfy the Privacy Rules by only providing the Minimum
Necessary to satisfy the request. WMHA will inform members of this
Privacy Notice. WMHA acknowledges that certain
member rights exist, such as:
- the right to amend and correct for incomplete PHI
- the right to inspect and copy the individual's own PHI
- the right to receive confidential communications from a
Covered Entity
- the right to request restrictions on certain uses and
disclosures, and a statement that the covered entity is not required to agree
to such restrictions.
- the right to receive an accounting of disclosures
- the right to revoke a consent
WMHA is required to:
- Maintain the privacy of your health information
- Provide you with a notice as to our legal duties and
privacy practices regarding health information collected and maintained
about you
- Adhere to the terms of this Notice of Privacy Practices;
- Contact and notify you if we are unable to agree to a
requested restriction; and
- Accommodate reasonable requests you may have to
communicate health information by alternative means or at alternative
locations
We reserve the right to change our practices and to make
the new provisions effectively for all protected health information we maintain.
Should our information practices change, we will mail a revised notice to the
address you've supplied us. For More
Information Or To Report A Problem: Should you have further
questions or wish to make a change in the protected health information,
please contact Mr. Robert Kimmons, WMHA Administrator at (217) 429-5246.
If you believe your privacy right has been violated, you can file a
complaint with Mr. Robert Kimmons, WMHA Administrator, PO Box 1340 Decatur,
Illinois 62525 or with the Secretary of Health and Human Services.
There will be no retaliation for filing a complaint.
THE EFFECTIVE DATE OF THIS PRIVACY NOTICE SHALL BE
APRIL 1, 2003 |