EFFECTIVE DATE: APRIL 14,
2003. This notice describes how medical information about you may be
used and disclosed by Bayshore Community Health Services, Inc. and how
you can get access to this information. Please review it carefully.
If you have any questions about this notice, please contact the
Corporate Director Of Customer Service located at Bayshore Community
Hospital 727 North Beers Street, Holmdel, New Jersey. Telephone
732-739-5911.
OUR COMMITMENT TO YOUR PRIVACY
Bayshore Community Health Services [BCHS] understands 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 BCHS. 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 BCHS,
whether made by BCHS personnel or your personal doctor. If your
physician is a member of the medical staff at BCHS, he/she may have
different policies or notices regarding the doctor’s use and disclosure
of your medical information created in the doctor’s office or clinic.
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.
BCHS is 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.
- Note: While this document consistently refers to the "patient" the same standard also applies to any "resident" at a BCHS facility.
WHO WILL FOLLOW THIS NOTICE
This notice describes BCHS’s practices and that of:
- Any health care professional authorized to enter information into your clinical record/s.
- All departments and other entities affiliated with BCHS.
- Any member of a volunteer group we allow to help you while you are in BCHS.
- All employees, staff and other BCHS personnel.
- Any physician who is a member of the medical staff of BCHS.
- All of these entities, sites and locations follow the terms of this notice.
In addition, these entities, sites and locations may share medical
information with each other for treatment, payment or BCHS operations
purposes described in this notice.
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 or disclosures
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
BCHS 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 healthcare
personnel who are involved in taking care of you at a BCHS facility. 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 dietitian if you have diabetes
so that we can arrange for appropriate meals.
BCHS 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 BCHS 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
BCHS may use and disclose medical information about you so that the
treatment and services you receive at a BCHS facility may be billed to
and payment may be collected from you, an insurance company or a third
party. For example, we may need to give your insurance company
information about surgery you received at the hospital so your health
plan will pay us or reimburse you for the surgery. If you have had a
test done or receive treatment at one of our facilities, we may give
information to the physicians who provided the services since they are
required to bill separately.
We may also tell your health plan about a treatment you are going to
receive to obtain prior approval or to determine whether your plan will
cover the treatment.
FOR HEALTH CARE OPERATIONS
BCHS may use and disclose medical information about you for its
operations. These uses and disclosures are necessary to provide your
health care services and make sure that all of our patients receive
quality care. For example, we may use medical information to review our
treatment and services and to evaluate the performance of our staff in
caring for you. We may also combine medical information about many
patients to decide what additional services BCHS 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 personnel for review and
learning purposes. We may also combine the medical information we have
with medical information from other healthcare providers to compare how
we are doing and see where we can make improvements in the care and
services we offer. We may 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 learning who the specific patients
are. Additionally, in certain BCHS facilities, we may ask you to sign-in
so that we know that you have arrived and are waiting for your
appointment or test. Our personnel may call your name in the waiting
room area to let you know that our staff is ready to see you.
APPOINTMENT REMINDERS
We may use and disclose medical information to contact you as a reminder
that you have an appointment for treatment or medical care at a BCHS
facility.
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 or disclose information about you in an effort to raise money
for the hospital or health care center. We only would release contact
information, such as your name, address and phone number and the dates
you received treatment or services. If you do not want to be contacted
for fundraising efforts, you must notify in writing, the Bayshore
Foundation Office at 727 North Beers Street in Holmdel, New Jersey.
HOSPITAL DIRECTORY
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, good, etc.) and your religious affiliation. The 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
don’t ask for you by name. This is so your family, friends and clergy
can visit you in the hospital and generally know how you are doing. If
you are in the hospital we may place your last name on a unit "white
board" in order to assist staff and physicians to locate you; if you
request, your name may be removed from this listing.
MEDIA
We may release to the media the fact that a patient has been treated or
admitted to the hospital, as well as his or her general condition (under
evaluation, good, fair, serious, or critical) as long as the inquiry
contains the patient’s name and the patient has not requested that the
information be withheld.
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 give
information to someone who helps pay for or provides your 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 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.
AS REQUIRED BY LAW
We will disclose medical 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 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.
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 child abuse or neglect;
- 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 efforts have been made to tell you
about the request or to 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 person’s agreement;
- About a death we believe may be the result of criminal conduct;
- About criminal conduct at BCHS; 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 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 copy medical information that may be
used to make decisions about your care. Usually, this includes medical
and billing records, but does not include psychotherapy notes.
To inspect and request a copy of your medical information that may be
used to make decisions about you, you must submit your request in
writing to the medical records department of the facility where you
received your care. 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 inspect and copy in certain very 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 organization 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 the right
to request an amendment for as long as the information is kept by or for
BCHS.
To request an amendment, your request must be made in writing and
submitted to the medical records department of the treating facility
where you received your care. In addition, you must provide a reason
that supports your request.
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 BCHS;
- 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 we have made,
if any, of your protected health information. This is a list of the
disclosures we made of medical information about you to individuals or
entities when we were not required to obtain an authorization from you
to release your protected health information. For example, in a
situation where we were served with a subpoena requiring us to release
the information.
To request this list or accounting of disclosures, you must submit your
request in writing to the medical records department of the facility
where you received your care.
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,
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 for 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 to 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 in writing to the
facility where your care is being or has been provided. 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 in
writing to the medical records department at the facility where you
received your care. 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.
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.
To obtain a paper copy of this notice, contact the Corporate Director Of
Customer
Service located at Bayshore Community Hospital 727 North Beers Street,
Holmdel, New Jersey. Telephone 732-739-5911
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 each of our
facilities. The notice will contain on the first page, the effective
date. In addition, each time you register at or are admitted to the
hospital for treatment or health care services as an inpatient or
outpatient, we will offer you a copy of the current notice in effect.
COMPLAINTS
If you think we may have violated your privacy rights, or you disagree
with a decision we made about access to your protected health
information, you may file a complaint with the Corporate Privacy Officer
by calling 732-888-5294 or in writing to the Privacy Officer at Bayshore
Community Hospital, 727 North Beers Street, Holmdel, New Jersey 07733.
You may also file a written complaint with the Secretary of the U.S.
Department of Health and Human Services at:
Office for Civil Rights
U.S. Department of Health and Human Services
Jacob Javits Federal Building
26 Federal Plaza, Suite 3312
New York, NY 10278
You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION
Other uses and disclosures of medical information not covered by this
notice or the laws that apply to us will be made only with your written
permission. If you provide us permission to use or disclose medical
information about you, you may revoke that permission, in writing, at
any time. If you revoke your permission, we will no longer use or
disclose medical information about you for the reasons covered by your
written authorization. You understand that we are unable to take back
any disclosures we have already made with your permission, and that we
are required to retain our records of the care that we provided to you.
Si usted le gustaria asistencia para interpretacion por favor llame al
Director de la Corporacion de Cliente Servicios — Telefono 732-739-5911.