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Notice of Privacy Practices
Effective Date: April
14, 2003
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 San Joaquin General Hospital Privacy Officer.
WHO WILL FOLLOW THIS NOTICE.
This notice describes our hospitals
practices and that of:
- Any health care professional authorized
to enter information into your hospital chart.
- All departments and units of the
hospital.
- Any member of a volunteer group we allow
to help you while you are in the hospital.
- All employees, staff and other hospital
personnel (students).
- Physicians on our staff, while they are
practicing in our facilities.
- All Outpatient clinics operated by San
Joaquin General Hospital.
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 in the hospital.
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;
- 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 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 dietician 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 family members, clergy
or others we use to provide services that are part of your care.
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 collected from
you, an insurance company, or a third party. For example, we may need to
give information about surgery you received at the hospital to your health
plan so they will pay us or reimburse you for the surgery. We may also
tell your health plan about treatment you are going to receive in order to
obtain prior approval or to determine whether your plan will cover
treatment.
For Health Care Operations.
We may use and disclose medical information about you for hospital
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 to
evaluate the performance of our staff in caring for you. 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 we offer. We 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 knowing your
identity.
Appointment Reminders. We may
use and disclose medical information to remind you 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 treatment options or alternatives that may be of interest to you.
Health-Related Benefits and Services.
We may use and disclose medical information to tell you about
health-related benefits or services that may be of interest to you.
Fundraising Activities.
We may use medical information about you to contact you in an effort to
raise money for the hospital and its operations. We may disclose medical
information to a foundation related to the hospital so that the foundation
may contact you in raising money for the hospital. We only would 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 hospital to contact you for fundraising efforts you must notify
the Marketing Department in writing. We will make every effort to ensure
you do not receive any fund-raising communications from us in the future.
Hospital Directory located at the
Information Desk (Main Lobby). 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 dont 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.
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 tell your family or friends
your 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 of their
medical information. Before we use or disclose medical information for
research, the project will have been approved through this research
approval process, but we may, however, disclose medical information about
you to people preparing to conduct a research project, for example, to
help them look for patients with specific medical needs, so long as the
medical information they review does not leave the hospital. Prior to
further research we will ask you for your specific permission if the
researcher will have access to your name, address or other information
that reveals who you are, or will be involved in your care at the
hospital.
As Required by Law. We will
disclose medical information about you when required to do so by federal,
state or local law. For example, California maintains a system for
collecting information regarding cancer hazards and potential remedies.
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.
If you are an organ donor, we may release medical information to
organizations that handle organ procurement or organ, eye or tissue
transplantation or to an organ donation bank, 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. We may use and disclose to components of the
Department of Veterans Affairs medical information about you to determine
whether you are eligible for certain benefits.
Workers 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;
- 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;
- To notify the appropriate government
authority if we believe a patient has been the victim of abuse,
neglect or domestic violence. We will only make this disclosure if you
agree or when required or authorized by law.
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 you
are involved in a lawsuit or a dispute, we may disclose medical
information about you in response to a court or administrative order. We
may also disclose medical information about you in response to a subpoena,
discovery request, or other lawful process by someone else involved in the
dispute, but only if the requestor shows us proof that efforts have been
made to tell you about the request (which may include written notice to
you) or they obtain an order protecting the information requested.
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
- persons 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 Services 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 state 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.
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 receive copies of 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 receive copies of
medical information that may be used to make decisions about you, you must
submit your request on the Access to Records Request Form with the
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 under certain
limited circumstances. If you are denied access to medical information,
you may request that the denial be reviewed. Another licensed health care
professional 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 a 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 on the Amendment of Health Record Request Form with the
Medical Records Department. In addition, you must provide a reason that
supports your request.
NOTE:
All Request Forms can be obtained from the Medical Records Department.
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.
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 for our own uses for treatment, payment and health care
operations, as those functions are described on pages 2, 3, and 4.
To request this list or an accounting of
disclosures, you must submit your request on the Accounting of
Disclosures Request Form with the 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. Your request should
indicate in what form you want the list (for example, on paper or
electronically). 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 of your care, like a family member or friend. For example,
you could ask that we not use or disclose information about a surgery you
had.
We are not required to agree with
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 on the Restriction of Use and Disclosures Request Form with
the 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 on the Confidential Communications Request Form with
the 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.
NOTE:
All Request Forms can be obtained from the Medical Records Department.
Right to a Paper Copy of This Notice.
You have the 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. The Admitting Office and Registration desks can provide a paper
copy of this notice.
You may obtain a copy of this notice
at our website: http://www.SJGeneralHospital.com.
Filing a complaint. You
have the right to file a complaint if you believe that a member of the
workforce of San Joaquin General Hospital has inappropriately disclosed or
used your personal health information. We will investigate your claim. You
may file a complaint with the facility by:
Obtaining the Privacy Complaint Form
from the Medical Records, Admitting, or Registration Departments.
Completing the Privacy Complaint Form; and
Submitting it to:
San Joaquin General Hospital
Privacy Officer
PO Box 1020
Stockton, CA. 95201-1020
(209) 468-6000
You have the right to file your complaint
within 180 days of your discovery of the incident with:
Secretary of the U.S.
Department of Health and Human Services, Office for Civil Rights
ATTN: Regional Manager
50 United Nations Plaza, Room 322
San Francisco, CA. 94102
For Additional Information Call (800) 368-1019 or (866) 672-7748
TTY: (866) 788-4989
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
facility. The notice will contain on the first page, in the top right-hand
corner, the effective date. If the notice is changed, we will provide you
a copy of the notice upon your request.
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