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Privacy
Notice of Privacy Practices Effective Date 4-14-2003
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED
AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE
REVIEW THIS NOTICE CAREFULLY.
For More Information, Please Contact Us:
Custodian of Records
Community Medical Centers, Inc.
Mailing Address: PO Box 779; Stockton, CA 95201
Street Address: 701 E. Channel Street; Stockton, CA 95202
(209) 944-4700; FAX (209) 944-4795
E-Mail to:
record@communitymedicalcenters.org
Who We Are:
This Notice describes the privacy practices of Community Medical
Centers, Inc. (CMC) and the privacy practices of:
all of our doctors, nurses, and other health care professionals
authorized to enter information about you into your medical chart.
all of our departments.
all of our health center sites:
all of our employees, staff, volunteers and other personnel who work for
us or on our behalf.
Our Pledge:
We understand that health information about you and the health care you
receive is personal. We are committed to protecting your personal health
information. When you receive treatment and other health care services
from us, we create a record of the services that you received. We need
this record to provide you with quality care and to comply with legal
requirements. This notice applies to all of our records about your care,
whether made by our health care professionals or others working in this
office, and tells you about the ways in which we may use and disclose your
personal health information. This notice also describes your rights with
respect to the health information that we keep about you and the
obligations that we have when we use and disclose your health information.
We are required by law to:
make sure that health information that identifies you is kept private
in accordance with relevant law.
give you this notice of our legal duties and privacy practices with
respect to your personal health information.
follow the terms of the notice that is currently in effect for all of your
personal health information.
How We May Use and Disclose Your Health Information:
We may use and disclose your personal health information for these
purposes:
For Treatment. We may use health information about you to
provide you with health care treatment or services. We may disclose health
information about you to the doctors, nurses, technicians and others who
are involved in your care. They may work at CMC, at the hospital if you
are hospitalized under our supervision, or at another doctor’s office,
lab, pharmacy or other health care provider to whom we may refer you for
treatment, consultation, x-rays, lab tests, prescriptions or other health
care service. They may also include doctors and other health care
professionals who work at CMC, or elsewhere, whom we consult about your
care. For example, we may consult with a specialist who lends his/her
services to CMC about your care or disclose to an emergency room doctor
who is treating you for a broken leg that you have diabetes, because
diabetes may affect your body’s healing process.
For Payment. We may use and disclose health information about
you to bill and collect payment from you, your insurance company,
including MediCal and Medicare, or other third party that may be available
to reimburse us for some or all of your health care. We may also disclose
health information about you to other health care providers or to your
health plan so that they can arrange for payment relating to your care.
For example, if you have health insurance, we may need to share
information about your office visit with your health plan in order for
your health plan to pay us or reimburse you for the visit. We may also
tell your health plan about treatment that you need to obtain your health
plan’s prior approval or to determine whether your plan will cover the
treatment.
For Health Care Operations. We may use and disclose health
information about you for our day-to-day operations, and may disclose
information about you to other health care providers involved in your care
or to your health plan for use in their day-to-day operations. These uses
and disclosures are necessary to run CMC and to make sure that all of our
patients receive quality care, and to assist other providers and health
plans in doing so as well. For example, we may use health information to
review the services that we provide and to evaluate the performance of our
staff in caring for you. We may also combine health information about our
patients with health information from other health care providers to
decide what additional services CMC should offer, what services are not
needed, whether new treatments are effective or to compare how we are
doing with others and to see where we can make improvements. We may remove
information that identifies you from this set of health information so
others may use it to study health care delivery without learning who our
patients are.
Appointment Reminders. We may use and disclose health
information about you to contact you as a reminder that you have an
appointment at CMC.
Health-Related Services and Treatment Alternatives. We may use
and disclose health information to tell you about health-related services
or recommend treatment options or alternatives that may be of interest to
you. Please let us know if you do not wish us to contact you with this
information, or if you wish to have us use a different address when
sending this information to you.
Fundraising Activities. We may use health information about you
to contact you in an effort to raise money for our not-for-profit
operations. We may disclose health information about you to a foundation
related to CMC so that the foundation may contact you in raising money for
CMC. We will only release contact information, such as your name, address
and phone number and the dates you received treatment or services from us.
Please let us know if you do not want us to contact you for fundraising
efforts.
Individuals Involved in Your Care or Payment for Your Care. We
may release health information about you to a friend or family member who
is involved in your health care or the person who helps pay for your care.
Research. Under certain circumstances, we may use and disclose
health 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 health information, trying to balance the research needs with a
patient’s need for privacy. Before we use or disclose health information
for research, the project will have been approved through this special
approval process, although we may disclose health information about you to
people preparing to conduct a research project. For example, we may help
potential researchers look for patients with specific health needs, so
long as the health information they review does not leave our facility. We
will almost always ask 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.
Organ and Tissue Donation. If you are an organ donor, we may
disclose health information about you 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.
As Required By Law. We will disclose health 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 health 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.
Military and Veterans. If you are a member of the armed forces
or separated/ discharged from military services, we may release health
information about you as required by military command authorities or the
Department of Veterans Affairs as may be applicable. We may also release
health information about foreign military personnel to the appropriate
foreign military authorities.
Workers’ Compensation. We may release health information about
you for workers’ compensation or similar programs. These programs provide
benefits for work-related injuries or illness.
Public Health Activities. We may disclose health 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 child abuse or neglect. to report reactions to medications or problems with products. to notify people of recalls of products. 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 health information
about you 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. We may disclose health information about
you in response to a court or administrative order. We may also disclose
health information about you in response to a subpoena, discovery request
or other lawful process that is not accompanied by a court or
administrative order, but only if efforts have been made to tell you about
the request or to obtain an order protecting the information requested.
Law Enforcement. We may release health information about you 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. under certain limited circumstances, about the victim of a crime. about a death we believe may be the result of criminal conduct. about criminal conduct at CMC. 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, Health Examiners and Funeral Directors. We may release
health information about our patients to a coroner or health examiner.
This may be necessary, for example, to identify a deceased person or
determine the cause of death. We may also release health information to
funeral directors as may be necessary for them to carry out their duties.
National Security and Intelligence Activities. We may release
health 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 health 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 health
information about you to the corrections 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:
You have certain rights with respect to your personal health
information. This section of our notice describes your rights and how to
exercise them:
Right to Inspect and Copy: You have the right to inspect and
copy the personal health information in your medical and billing records,
or in any other group of records that we maintain and use to make health
care decisions about you. This right does not include the right to inspect
and copy psychotherapy notes, although we may, at your request and on
payment of the applicable fee, provide you with a summary of these notes.
To inspect and copy your personal health information, you must submit
your request in writing to our privacy contact person identified on the
first page of this notice. If you request a copy of the information, we
may charge a fee for the copying and mailing costs, and for any other
costs associated with your request.
We may deny your request to inspect and copy in certain very limited
circumstances. If your request is denied, you may request that the denial
be reviewed. We will designate a licensed health care professional to
review our decision to deny your request. The person conducting the review
will not be the same person who denied your request. We will comply with
the outcome of this review. Certain denials, such as those relating to
psychotherapy notes, however, will not be reviewed.
Right to Amend: If you feel that the health information we
maintain about you is incorrect or incomplete, you may ask us to amend the
information. You have the right to request an amendment for any
information that we maintain about you. To request an amendment, your
request must be made in writing, submitted to our privacy contact person
identified on the first page of this notice, and must be contained on one
piece of paper legibly handwritten or typed. In addition, you must provide
a reason that supports your request for an amendment.
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 organization that created
the information is no longer available to make the amendment, is not part of the health information kept by or for CMC, is not part of the information which you would be permitted to inspect and
copy, or is accurate and complete.
Any amendment we make to your health information will be disclosed to
the health care professionals involved in your care and to others to carry
out payment and health care operations, as previously described in this
notice.
Right to Receive an Accounting of Disclosures. You have the
right to receive an accounting of certain disclosures of your health
information that we have made. Any accounting will not include all
disclosures that we make. For example, an accounting will not include
disclosures:
to carry out treatment, payment and health care operations as
previously described in this notice. pursuant to your written authorization. to a family member, other relative, or personal friend involved in your
care or payment for your care when you have given us permission to do so. to law enforcement officials.
To request an accounting of disclosures, you must submit your request
in writing to our privacy contact person identified on the first page of
this notice. Your request must state a time period which may not be more
than six (6) years and may not include dates before April 14, 2003. 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. We will mail you a list of
disclosures in paper form within 30 days of your request, or notify you if
we are unable to supply the list within that time period and by what date
we can supply the list; this date will not exceed 60 days from the date
you made the request.
Right to Request Restrictions. You have the right to request a
restriction or limitation on the health 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 health information we disclose about
you to someone who is involved in your care or the payment for your care,
such as a family member or friend. For example, you may request that we
not disclose information about you to a certain doctor or other health
care professional, or that we not disclose information to your spouse
about certain care that you received.
We are not required to agree to your request for restrictions if it is
not feasible for us to comply with your request or if we believe that it
will negatively impact our ability to care for you. If we do agree,
however, we will comply with your request unless the information is needed
to provide emergency treatment. To request a restriction, you must make
your request in writing to our privacy contact person identified on the
first page of this notice. In your request, you must tell us what
information you want to limit and to whom you want the limits to apply.
Right to Receive Confidential Communications. You have the right
to request that we communicate with you about health matters in a certain
way. For example, you can ask that we only contact you at work or by mail
to a specified address.
To request that we communicate with you in a certain way, you must make
your request in writing to our privacy contact person identified on the
first page of this notice. We will not ask you the reason for your
request. Your request must specify how or where you wish to be contacted.
We will accommodate all reasonable requests.
Right to a Paper Copy of this Notice. You have the right to
receive a paper copy of this notice at any time. To receive a copy, please
request it from our privacy contact person identified on the first page of
this notice. You may also obtain a copy of this notice at our website, at
www.communitymedicalcenters.org.
Changes to this Notice:
We reserve the right to change this notice and to make the changed
notice effective for all of the health information that we maintain about
you, whether it is information that we previously received about you or
information we may receive about you in the future. We will post a copy of
our current notice in our facility. Our notice will indicate the effective
date on the first page, in the top right-hand corner. We will also give
you a copy of our current notice upon request.
Complaints:
If you believe your privacy rights have been violated, you may file a
complaint with us or with the Secretary of the Department of Health and
Human Services. You may file a complaint by mailing, faxing or e-mailing
us a written description of your complaint:
Custodian of Records
Community Medical Centers, Inc.
Mailing Address: PO Box 779; Stockton, CA 95201
Street Address: 701 E. Channel St.; Stockton, CA 95202
(209) 944-4700; FAX (209) 944-4795
E-Mail:
record@communitymedicalcenters.org
Please describe what happened and give us the dates and names of anyone
involved. Please also let us know how to contact you so that we can
respond to your complaint. You will not be penalized for filing a
complaint.
Other Uses and Disclosures of Your Protected Health Information:
Other uses and disclosures of personal health information not covered
by this notice or applicable law will be made only with your written
authorization. If you give us your written authorization to use or
disclose your personal health information, you may revoke your
authorization, in writing, at any time. If you revoke your authorization,
we will no longer use or disclose your personal health information for the
reasons covered by your written authorization. You understand that we are
unable to take back any uses and disclosures that we have already made
with your authorization, and that we are required to retain our records of
the care that we have provided to you. |