Notice of Privacy Practices

Policy Statement

A patient has a right to adequate notice of the uses and disclosures of protected health information (PHI) that may be made by GRACE LIVING CENTER and of the patient's rights and GRACE LIVING CENTER'S legal duties with respect to PHI.  There are two exceptions to this right:  (i) exception for group health plans and (ii) exception for inmates (see164.520(a)(2) an (3) of the HIPAA Privacy Rule (the Rule)).

 Procedures

GRACE LIVING CENTER'S Notice of Privacy Practices (the "Notice") shall be developed and maintained by the Privacy Officer.  The Notice must be written in plain language and contain the following required elements (see 164.520(b)(1) for details):

            1.  Header

            2.  Uses and disclosures

            3.  Separate statements for certain uses or disclosures

            4.  Individual rights

            5.  GRACE LIVING CENTER'S duties

            6.  Complaints

            7.  Contact

            8.  Effective date

GRACE LIVING CENTER must promptly revise and post the Notice whenever there is a material change to the uses or disclosures, the patient's rights, GRACE LIVING CENTER'S legal duties, or other privacy practices stated in the Notice.  Except when required by law, a material change to any term of the Notice may not be implemented prior to the effective date of the Notice in which such material change is reflected.

GRACE LIVING CENTER must make the Notice available upon request to any person.  Additionally, if GRACE LIVING CENTER has a direct treatment relationship with an individual, GRACE LIVING CENTER must provide the NOTICE no later than the date of the first service delivery, including service delivered electronically, to such individual after the compliance date of the Privacy Rule (April 14, 2003).  Additionally, GRACE LIVING CENTER must have the Notice in a clear and prominent location (as determined by the Privacy Officer where it is reasonable to expect individuals seeking service from GRACE LIVING CENTER to be able to read the Notice.  Whenever the Notice is revised, the Notice shall be made available upon request on or after the effective date of the revision.

GRACE LIVING CENTER must prominently post its Notice on the web site and make the Notice available electronically through the web site.

GRACE LIVING CENTER may provide the Notice to a patient by e-mail, if the patient agrees to electronic notice and such agreement has not been withdrawn.  GRACE LIVING CENTER knows that the e-mail transmission has failed, a paper copy of the Notice must be provided to the patient.

The recipient of electronic notice retains the right to obtain a paper copy upon request.

GRACE LIVING CENTER must document compliance with the Notice requirements by retaining copies of the Notices issued by the GRACE LIVING CENTER for six years from the date of its creation or the date when it last was in effect, whichever is later (see Documentation policy).  Copies of such Notices shall be maintained by the Privacy Officer.

Notice Of Information 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.

Understanding Your Health Record/Information

As a Resident of GRACE LIVING CENTER; a record of your stay is made.  Typically, this record contained your symptoms, examination and test results, diagnoses, treatment and a plan for future care or treatment.  This information, often referred to as your health or medical record, serves as a:

basis for planning your care and treatment
means of communication among the many health professionals who contribute to your care
legal document describing the care you received
means by which you or a third-party payer can verify that services billed were actually provided
a tool in educating health professionals
a source of data for medical research
a source of information for public health officials who oversee the delivery of health care in the United States
a source of data for GRACE LIVING CENTER planning and marketing
a tool with which we can assess and continually work to improve the care we render and the outcomes we achieve

Understanding what is in your record and how your health information is used helps you to:  ensure its accuracy, better understand who, what, when, where, and why others may access you health information, and make informed decisions when authorizing disclosure to others.

Our Responsibilities

GRACE LIVING CENTER is required to:

maintain the privacy of your health information
provide you with this notice as to our legal duties and privacy practices with respect to information we collect and maintain about you
abide by the terms of this notice
notify you if we are unable to agree to a requested restriction
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 effective for all protected health information we maintain.  We will not use or disclose your health information without your authorization, except as described in this notice.

How We Will Use or Disclose Your Health Information

(1)            Treatment.  We will use your health information for treatment.  For example, information obtained by a nurse, physician, or other member of your healthcare team will be recorded in your record and used to determine the course of treatment that should work best for you.  Your physician will document in your record his or her expectations of the members of your healthcare team.  Members of your healthcare team will then record the actions they took and their observations.  In that way, the physician will know how you are responding to treatment.  We will also provide your physician or a subsequent healthcare provider with copies of various reports that should assist him or her in treating you once you're discharged from GRACE LIVING CENTER.

2)            Payment.  We will use your health information for payment.  For example, a bill may be sent to you or a third-party payer, including Medicare or Medicaid.  The information on or accompanying the bill may include information that identifies you, as well as your diagnosis, procedures and supplies used.

3)           Health care operations.  We will use your health information for regular health operations.  For example, members of the medical staff, the risk or quality improvement manager, or members of the quality improvement team may use information in your health record to assess the care and outcomes in your case and others like it.  This information will then be used in an effort to continually improve the quality and effectiveness of the health care and service we provide.

4)            Business associates.  There are some services provided in our organization through contacts with business associates.  Examples include our accountants, consultants and attorneys.  When these service are contracted, we may disclose your health information to our business associates so that they can perform the job we've asked them to do.  To protect your health information, however, we require the business associates to appropriately safeguard your information.

5)            Directory.  Unless you notify us that you object, we may use your name, location in the GRACE LIVING CENTER, general condition, and religious affiliation for directory purposes.  This information may be provided to members of the clergy and, except for religious affiliation, to other people who ask for you by name.  We may also use your name on a name plate next to or on your door in order to identify your room, unless you notify us that you object.

6)            Notification.  We may use or disclose information to notify or assist in notifying a family member, personal representative, or another person responsible for your care, of your location, and general condition.  If we are unable to reach your family member or personal representative, then we may leave a message for them at the phone number that they have provided us, e.g., on an answering machine.

7)            Communication with family.  Health professionals, using their best judgment, may disclose to a family member, other relative, close personal friend or any other person you identify, health information relevant to that person's involvement in your care or payment related to your care.

8)            Research.  We may disclose information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your health information.

9)            Funeral directors.  We may disclose health information to funeral directors and coroners to carry out their duties consistent with applicable law.

10)        Organ procurement organizations.  Consistent with applicable law, we may disclose health information to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of organs for the purpose of tissue donation and transplant.

11)        Marketing.  We may contact you to provide appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.

12)        Fund raising.  We may contact you as part of a fund-raising effort.

13)        Food and Drug Administration (FDA).  We may disclose to the FDA health information relative to adverse events with respect to food, supplements, product and product defects, or post marketing surveillance information to enable product recalls, repairs, or replacement.

14)        Workers compensation.  We may disclose health information to the extent authorized by and to the extent necessary to comply with laws relating to to workers compensation or other similar programs established by law.

15)        Public health.  As required by law, we may disclose your health information to public health or legal authorities charged with preventing or controlling disease, injury, or disability.

16)        Correctional institution.  Should you be an inmate of a correctional institute, we may disclose to the institution or agents thereof health information necessary for your health and the health and safety of other individuals.

17)        Law enforcement.  We may disclose health information for law enforcement purposes as required by law or in response to a valid subpoena.

18)    Reports.  Federal law makes provision for your health information to be released to an appropriate health oversight agency, public health authority or attorney, provided that a work force member or business associate believes in good faith that we have engaged in unlawful conduct or have otherwise violated professional or clinical standards and are potentially endangering one or more patients, workers or the public.

Your Health Information Rights

Although your health record is the physical property of the GRACE LIVING CENTER, the information in your health record belongs to you.  As a Resident you have the following right:

You may request that we not use or disclose your health information for a particular reason related to treatment, payment, GRACE LIVING CENTER's general health care operations, and/or to a particular family member, other relative or close personal friend.  We ask that such requests be made in writing on a form provided by GRACE LIVING CENTER.  Although we will consider your request, please be aware that we are under no obligation to accept it or to abide by it.  For more information about this right, see 45 Code of the Federal Regulations (C.F.R.) 614.522(a).
If you are dissatisfied with the manner in which or the location where you are receiving communications from us that are related to your health information, you may request that we provide you with such information by alternative means or at alternative locations.  Such a request must be made in writing, and submitted to Administrator of Grace Living Center.  We will attempt to accommodate all reasonable requests.   For more information about this right, see 45 C.F.R. 164.522(b).
You may request to inspect and/or obtain copies of health information about you, which will be provided to you in the time frame established by law.  If you request copies, we will charge you a reasonable fee.  For more information about this right, see 45 C.F.R. 164.524.
If you believe that any health information in your record is incorrect or if you believe that important information is missing, you may request that we correct the existing information or add the missing information.  Such requests must be made in writing, and must provide a reason to support the amendment.  We ask that you use the form provided by our GRACE LIVING CENTER to make such requests.  For a request form, please contact the Privacy Officer.  For more information about this right, see 45 C.F.R. 164.526.
You may request that we provide you with a written accounting of all disclosures made by us during the time period for which you request (not to exceed 6 years).  We ask that such requests be made in writing on a form provided by our GRACE LIVING CENTER.  Please note that an accounting will not apply to any of the following types of disclosures:  disclosures made for reasons of treatment, payment or health care operations; disclosures made to you or your legal representative, or any other individual involved with your care; disclosures to correctional institutions or law enforcement officials; and disclosures for national security purposes.  You will not be charged for your first accounting request in any 12 month period.  However, for any requests that you make thereafter, you will be charged a reasonable, cost based fee.  For more information about this right, see 45 C.F.R.  164.528.
You have the right to obtain a paper copy of our Notice of Information Practices upon request.
You may revoke an authorization to use or disclose health information, except to the extent that action has already been taken.  Such a request must be made in writing.

If you believe that your privacy rights have been violated, you may file a complaint with us.  These complaints must be filed in writing on a form provide by our GRACE LIVING CENTER.  The complaint form must be obtained from the Administrator and when completed should be returned to the Administrator.  You may also file a complaint with the secretary of the federal Department of Health and Human Services.  There will be no retaliation for filing a complaint.

Effective Date:  April 14, 2003