HIPAA INFORMATION
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 Privacy Officer at 732-499-6036.
OUR COMMITMENT
TO YOUR PRIVACY
Robert Wood Johnson University
Hospital at Rahway 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 Robert Wood Johnson University Hospital at Rahway.
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 Robert Wood Johnson University
Hospital at Rahway, whether made by Robert Wood Johnson University
Hospital at Rahway personnel or your personal doctor. Your personal
doctor 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.
Robert Wood Johnson University Hospital at Rahway 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.
WHO WILL FOLLOW THIS NOTICE.
This notice describes Robert Wood Johnson University Hospital at Rahway’s practices and that of:
- Any health care professional authorized to
enter information into your hospital chart.
- All departments and units of Robert Wood Johnson University Hospital at Rahway.
- Any member of a volunteer group we allow to
help you while you are in Robert Wood Johnson University Hospital at Rahway.
- All employees, staff and other Robert Wood Johnson University Hospital at Rahway personnel.
- 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 hospital 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. Robert Wood Johnson University Hospital at Rahway 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 dietitian 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. Robert Wood Johnson University Hospital at Rahway 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 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. 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. Robert Wood Johnson University Hospital at Rahway 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 and 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 Robert Wood Johnson University Hospital at Rahway 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 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 areas in our hospital, we may ask you to sign-in so
that we know that you have arrived and are waiting for your appointment
or test. Our hospital 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 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 Robert Wood Johnson University Hospital at Rahway Development Office in writing.
- 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.
- 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 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 hospital.
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 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.
- 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 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/or obtain a copy of 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 copy medical
information that may be used to make decisions about you, you
must submit your request in writing to 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
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 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 the 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 in writing and submitted to the Medical Records
Department. 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 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 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. 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 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 in writing to our Privacy Officer.
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.
You may obtain a copy of this
notice at our web site: http://www.rwjuhr.com
To obtain a paper copy of this
notice, contact our Public Affairs Department.
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 hospital. The notice will contain on the
first page, in the top right-hand corner, 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 Privacy Officer at 732-499-6036. You may also file a written
complaint with the Secretary of the U.S. Department of Health and
Human Services at:
Office of Civil Rights
U.S. Department of Health and Human Services
Jacob Javitz 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.
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