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HAPPENING AT CARES
Privacy Policy
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1500 21st Street Sacramento, CA 95811 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. If you have any questions about this notice, please contact: Shara Reed, Privacy Officer at (877) 316-0213. CARES is required by law to maintain the privacy of your health information; give you notice of our legal duties and privacy practices with respect to your health information; and follow the terms of this notice. This notice applies to all of your health records generated by CARES, whether made by our personnel or your personal physician. OUR PLEDGE REGARDING MEDICAL INFORMATION We understand that information about you and your health is personal and confidential. We are committed to protecting this information about you. We create a record of the care and services you receive at CARES. 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 CARES, and any records contained within your medical/dental/billing record here. Non CARES providers may have different policies or notices regarding their use and disclosure of this information created in their office or clinic. This notice will tell you about the ways in which we may use and disclose health information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of this information. We are required by law to:
This notice will tell you about the ways in which we may use and disclose your health information in CARES and with other entities. We also describe your rights and certain obligations we have regarding the use and disclosure of your health information. WHO WILL FOLLOW THIS NOTICE: This notice describes our institution’s practices and that of:
PHI COLLECTED ABOUT YOU In the ordinary course of treatment, payment, and health care services, etc., you will be providing us with personal information such as:
In addition, we will gather certain medical information about you and will create a record of the care provided to you. Some information also may be provided to us by other individuals or organizations such as referring physicians, your other doctors, your health plan, and close friends or family members. HOW WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION: 1. For Treatment. We will use your health information to provide you with health care treatment and to coordinate or manage services with other health care providers, including third parties. We may disclose all or any portion of your health information to your attending physician, consulting physician(s), nurses, technicians, medical students, or other facility or health care personnel who have a legitimate need for such information in order to take care of you. Different departments of the facility will share your health information in order to coordinate the health care services you need, such as prescriptions, lab work and X-rays. We may disclose your health information to family members or friends, guardians or personal representatives who are involved with your medical care. We may also use and disclose your health information to contact you for appointment reminders, and to provide you with information about possible treatment options or alternatives, and other health- related benefits and services. We also may disclose your health information to people outside the facility who may be involved in your health care after you leave the facility, such as other physicians involved in your care, specialty hospitals, skilled nursing care facilities and other health care-related services. We may use and disclose your health information to your employer for employment or pre-employment physicals, drug testing or other health related services. 2. For Payment. We will use and disclose your health information for activities that are necessary to receive payment for our services, such as determining insurance coverage, billing, payment and collection, claims management, and medical data processing. For example, we may tell your health plan about a treatment you are planning in order to receive approval or to determine whether your plan will cover the proposed treatment. We may disclose your health information to other health care providers so they can receive payment for health care services that they provided to you, such as ambulance services. We may also give information to other third parties or individuals who are responsible for payment for your health care, such as the named insured under the health policy who will receive an explanation of benefits for all beneficiaries who are covered under the insured's plan. 3. For Health Care Operations. We may use and disclose your health information for routine facility operations, such as business planning and development, quality review of services provided, internal auditing, accreditation, certification, licensing or credentialing activities, including the licensing or credentialing activities of healthcare professionals, medical research and education for staff and students, and to other healthcare entities that have a relationship with you and need the information for operational purposes. We may use and disclose your health information to the external agencies responsible for oversight of healthcare activities such as the Joint Commission for Accreditation of Health Care Organizations, patient satisfaction survey organizations, external quality assurance and peer review organizations, and credentialing organizations. 4. To Business Associates. We may also share your protected health information with a third-party "business associate,” that is assisting us with clinic operations. For example, we might share protected health information a billing service performing administrative services or with an information technology firm assisting us with our electronic medical record maintenance. Information might also be disclosed to a third-party for the purposes of encrypting, encoding, or otherwise anonymizing the data. We have a written contract with each of these business associates requiring them to protect the confidentiality of your protected health information. 5. For Health-Related Benefits and Alternative Services. We may use and disclose medical information to tell you about health-related services, benefits or programs that might benefit you. We may also disclose medical information to tell you about or recommend possible treatment options or alternatives. 6. Future Communications. We may communicate to you via newsletters or other means regarding treatment options, health related information, disease management programs, wellness programs, or other community based initiatives or activities our facility is participating in. 7. For Research Purposes. In accordance with CARES’ mission to improve the quality of care and services provided to those individuals living with HIV/AIDS, CARES participates in numerous research projects conducted by the University of California-Davis Health System, Division of Infectious Disease (“UC-Davis”). All research projects conducted by UC-Davis are reviewed and approved through a special review process to protect patient safety, welfare and confidentiality. Your medical information may be important to research efforts and the development of new knowledge. We may use and disclose medical information for this purpose. On occasion, UC-Davis researchers or one of your health care providers may contact you about participating in a particular study. Your enrollment in any study is completely voluntary and enrollment can only occur if you have had the opportunity to ask questions, understand the study, and indicate your willingness to participate by signing a consent form. Other studies may be performed using information about your treatment without requiring informed consent. For example, a research study may involve comparing the health of patients who receive one medication to those patients on another treatment regimen. 8. As Required by law. We will disclose medical information about you when required to do so by federal, state or local law. For example, in some circumstances the law may require your physician to report instances of abuse, violence or neglect. 9. To Avert a Serious Threat to Health or Safety. We may use or 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 or lessen the threat. 10. Organ and Tissue Donation. If you are an organ donor, we may release your health information to organizations that handle organ procurement and transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. You may request, in writing, a restriction on how much information we share when responding to requests about the appropriateness of procuring, banking or transplanting organs and tissues. Since HIV usually represents a reason not to do these activities, you may ask us in writing to simply say it is not medically appropriate without providing more information about the reasons why it is not appropriate. USES AND DISCLOSURES THAT ARE REQUIRED OR PERMITTED BY LAW Subject to requirements of federal, state and local laws, we are either required or permitted to report your health information for various purposes. Some of these reporting requirements include: 11. Public Health Risks. We may disclose information about you for public health purposes. These purposes generally include the following:
12. Public Health Activities. We may disclose your health information to public health officials for activities such as the prevention or control of communicable disease, injury or disability; to report births and deaths; to report suspected child, elder, or spouse abuse or neglect; to report reactions to medications or problems with medical products; to report information to the Centers for Disease Control or to national cancer registries for their data aggregation.. 13. Health Oversight Activities. We may disclose your health information to a health oversight agency for activities authorized by law. Such agencies include federal Centers for Medicare and Medicaid Services, and state medical or nursing boards. These oversight activities may include 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. 14. Disaster Relief Efforts. We may disclose your health information to an entity assisting in a disaster relief effort so that your family can be notified about your condition and location. 15. Judicial or Administrative Proceeding. We may disclose your health information in response to a court or administrative order, a valid subpoena, discovery request, civil or criminal proceedings, or other lawful process. 16. Law Enforcement. We may release your health information if asked to do so by a law enforcement official or if we have a legal obligation to notify the appropriate law enforcement or other agencies: (a) In response to a court order, subpoena, warrant, summons or similar legal process; (b) Regarding a victim or death of a victim of a crime in limited circumstances; (c) 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, including crimes that may occur at our facility, such as theft, diversion or attempts to obtain drugs illegally. 17. Coroners, Medical Examiners and Funeral Directors. We may release health information to a coroner or a medical examiner. This may be necessary, for example, to identify a person who died or determine the cause of death. We may also release health information to help a funeral director to carry out his/her duties. 18. Workers' Compensation. We may release your health information for workers' compensation benefits or to similar programs that provide benefits for work-related injuries or illness, including disclosing information to the worker’s compensation carrier and your employer. 19. National Security. We may disclose your health information to federal official(s) for national security activities and for the protection of the President and other Heads of State. 20. Military and Veterans. If you are a member of the armed forces, we may release your health information as required by military command authorities. We may also release health information about foreign military personnel to the appropriate foreign military authority. 21. Inmates. If you are an inmate of a correctional institution or in the custody of a law enforcement official, we may release your health information to the institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; or (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. 22. Outreach and Fundraising Activities. We will not use or disclose your personal medical information in any of outreach or fundraising activities. However, we may use aggregate demographic data for such activities. For example, we might create a brochure to hand out at events that lists the number of CARES patients, and provides basic demographic information about our clients in aggregate. We may also send out fundraising information to individuals who have made donations in the past or future and past clients. If you want to exclude your personal information from being used in this way, notify the Privacy Officer listed at the top of this Notice of Privacy Practices. HIV-Related Information Without your authorization, we may use and disclose your HIV-related information to the following people or entities:
OTHER USES OF YOUR HEALTH INFORMATION: Other uses and disclosures of your health information not covered by this notice or the laws that apply to us will be made only with your written authorization. If you provide us with authorization to use or disclose your health information, you may revoke that authorization in writing at any time. When we receive your written revocation we will no longer use or disclose your health information for the purpose of that authorization. However, we are unable to retrieve any disclosures already made based on your prior authorization. YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION:
Privacy Official CARES 1500 21st Street Sacramento, CA 95811 (877) 316-0213
You have the following rights regarding your health information: 1. Right to Inspect and Copy. You have the right to inspect your health information and copy medical, billing or other records that may be used to make decisions about your care. The right to inspect and copy does not apply to psychotherapy notes that are maintained separately from the health record. Submit your request in writing to the address above. We charge a fee for document requests to cover the costs of copying, mailing or other supplies. In limited circumstances we may deny your request to inspect and copy your health information. If you are denied access to your health information, you may request that the denial be reviewed. A licensed health care professional chosen by CARES will review your request and the denial. The person who conducts the review will not be the same person who denied your request. We will comply with the outcome of the review. 2. Right to Amend. You have the right to request an amendment to your health information that you believe is incorrect or incomplete. Submit your request in writing, using a Request for Amendment to PHI form, and include your reason for the amendment, to address above. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. We may also deny your request if you ask us to amend information that: (1) Was not created by CARES; unless the person or entity that created the information is no longer available to make the amendment; (2) Is not part of the medical information kept by or for CARES; (3) Is not part of the information that you would be permitted to inspect and copy; or; (4) Is accurate and complete. To obtain a paper copy of this request, contact the Privacy Official at the address above. 3. Right to an Accounting of Disclosures. We are required to maintain a list of disclosures of your health information. However, we are not required to maintain a list of disclosures that we made by acting upon your written authorizations. You have the right to request an accounting of disclosures that were not subject to your written authorization. Submit your request in writing to the address above. Your request must state a time period, not longer than six years, and may not include dates before April 14, 2003. The list will be in paper format. 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 before any costs are incurred. 4. Right to Request Restrictions. You have the right to request a restriction or limitation on how much of your health information we use or disclose for treatment, payment or health care operations. You also have the right to request a restriction on the disclosure of your health information to someone who is involved in your care or payment for your care, such as a family member or friend. We are not required to agree to your request. However, if we do agree, we will comply with your request unless the information is needed to provide you with emergency treatment. Submit your request in writing to the address above,or request and submit a Request for Restrictions to Protected Health Information form. You must include: (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. 5. Right to Request Confidential Communications. You have the right to request that we communicate with you about health care matters in a certain way or at a certain location. For example, you can ask that we only contact you at an alternative location from your home address, such as work, or only contact you by mail instead of by phone. You must make your request in writing to the address above or request and submit a “Confidential Communications Opt Out” form. Your request must specify how or where you wish to be contacted. We do not require a reason for the request. We will accommodate all reasonable requests. 5. Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice. You may obtain a copy of this notice at our Website. http://www.caresclinic.org To obtain a paper copy of this notice, write to the address above. 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 health 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 and on the Web site. The notice will contain on the first page, in the top right-hand corner, the effective date. Each time you register at or are admitted to the facility for treatment or health care services as an inpatient or outpatient, we will offer you a copy of the current notice in effect. BREACH NOTIFICATION If, despite CARES efforts to keep your private health information confidential, a breach of unsecured protected health information occurs, we will notify you as required by law. In some instances, our business associate may provide the notification. The law also requires us to report any breach of protected health information to both state and federal authorities. COMPLAINTS
Region IX Office of Civil Rights (415) 437-8310; (415) 437-8311 (TDD) (415) 437-8329 FAX This e-mail address is being protected from spambots. You need JavaScript enabled to view it The complaint form and additional information on filing a complaint, visit: http://www.hhs.gov/ocr/privacyhowtofile.htm
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