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Notice of Privacy Practices

HELP AT HOME

NOTICE OF HEALTH INFORMATION PRACTICES

This notice describes how medical information about you or your child may be used and disclosed and how you can get access to this information. Please review it carefully.

  1. Understanding Your Health Record/Information

Throughout this notice you will see the term “you” or “your.” “You” or “your” refers to you if you are receiving health services from Help at Home or your child if you are the legal custodian of a minor child receiving healthcare services from Help at Home.

Each time you see a healthcare provider, a record of the visit is made. Typically, this record contains symptoms, examination and test results, diagnoses, treatment and a plan for future care or treatment. Your record may also include information received by another source, such as from another healthcare provider. This information, often referred to as the health or clinical record, serves many purposes, including as a:

  • Basis for planning, care, and treatment
  • Basis for billing, claims management, and collection activities
  • Means of communication among the many health professionals who contribute to you/your child’s care
  • Legal document describing the care 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’ charges with improving the health of the nation
  • A source of data for internal planning and quality improvement
  • 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 the record and how health information is used helps you to:

  • Ensure its accuracy
  • Better understand who, what, when, where and why others may access health information
  • Make more informed decisions when authorizing disclosure to others

The purpose of this notice is to describe how your health information may be used and your rights and choices with regard to those uses.

  1. How the Help at Home May Use and Disclose Your/Your Child’s Health Information We typically use or share your health information in the following ways:

Treatment: We may use and disclose your health information during the course of your treatment without written authorization so that we may provide, coordinate, or manage your care and related services.  For example, we may disclose medical information about you to your primary care doctor or another provider who is involved in your care.

Payment: We may use and disclose health information about you that is necessary to bill and be paid for services provided to you. For example, we may share your health information with your health insurance plan so it will pay for services.

Health Care Operations: We may use and disclose your health information without your written authorization in order to perform business activities which are called health care operations. Health care operations include doing things that allow us to improve the quality of care we provide and to reduce health care costs. For example, we may use your medical information to evaluate the quality of care we are providing.  Your protected health information may also be used to resolve any complaints you have. 

Business Associates: There are some services provided in our organization through contracts with business associates. Examples include accounting services, document shredding services, and a copy service we use when making copies of your health record. When these services are contracted, we may disclose health information to our business associate so that they can perform the job we’ve asked them to do. To protect your health information, however we require the business associate to appropriately safeguard your information.

Communications from Us to You: We may use your information to contact you to remind you of appointments and to provide you with information about treatment alternatives or other health-related benefits and services that may be of interest to you.

Uses or Disclosures Required By Law: We may share your health information if we are required to do so by federal, state, or local law. Any disclosure will be strictly limited to the requirements of the law.

Uses or Disclosures For Public Health Activities: We may share your health information with public health authorities or other authorized persons to help with public health and safety issues. The reason for sharing your information may be to:

  • Prevent or control disease, injury, or disability;
  • Report certain disease, injury, birth, or death;
  • Report reactions to medications or problems with products or devices regulated by the federal Food and Drug Administration (FDA) or other activities related to the quality, safety, or effectiveness of FDA-regulated products or activities;
  • Locate and notify persons of recalls of products they may be using; or
  • Notify a person who may have been exposed to a communicable disease in order to control who may be at risk of contracting or spreading the disease.

Uses or Disclosures for Organ and Tissue Donation: We may disclose medical information consistent with applicable law to organizations that handle organ, eye or tissue donation or transplantation, only to the extent necessary to help facilitate organ or tissue donation or transplantation.

Uses or Disclosures Regarding Abuse, Neglect, or Domestic Violence: We may share your health information with certain authorities to report known or suspected child abuse or neglect. We may also share your health information with certain authorities if we reasonably believe that you have been a victim of domestic violence, abuse, or neglect.

Uses or Disclosures for Health Oversight Activities: We may share your health information with a health oversight agency performing oversight activities authorized by law. Such activities could include, for example, audits, investigations, inspections, licensure and disciplinary activities conducted by agencies required by law to take specified actions to monitor the health care system, certain government funded healthcare programs, and compliance with specific laws.

Uses or Disclosures for Lawsuits and Other Legal Proceedings: We may share your health information in response to a court or administrative order, or in response to a subpoena.

Uses or Disclosures for Law Enforcement: In specific circumstances, we may share limited information about you that identifies you to law enforcement officials. For example, we may share your information if it relates to a crime committed at one of our facilities or against one of our employees, but it would be limited to information directly related to the alleged crime.

Uses or Disclosures to Coroners Medical Examiners, and Funeral Directors: We may disclose medical information consistent with applicable law to coroners, medical examiners and funeral directors only to the extent necessary to assist them in carrying out their duties.

Uses or Disclosures for Research: In general, we must obtain written authorization to use and disclose your health information for research purposes but if the research project meets the criteria established by federal law to ensure the ongoing privacy of your health information, we may share your information without your authorization.

Uses or Disclosures to Avert a Serious Threat to Health and Safety: We may use or disclose your health information to prevent or lessen a serious threat to anyone’s health and safety. For example, if you disclose to us your plan to cause serious physical harm to another person we may be forced to warn your intended victim and the police.

Uses or Disclosures for Workers Compensation: We may disclose your health information if necessary to comply with laws relating to workers compensation or other similar programs established by law.

Military, Veterans, National Security and Other Government Purposes:  If you are a member of the armed forces, we may release your medical information as required by military command authorities or to the Department of Veterans Affairs.  We may also disclose your medical information to authorized federal officials for intelligence and national security purposes to the extent authorized by law.

Correctional Institutions: If you are or become an inmate of a correctional institution or are in the custody of a law enforcement official, we may disclose to the institution or law enforcement official information necessary for the provision of health services to you, your health and safety, the health and safety of other individuals and law enforcement on the premises of the institution and the administration and maintenance of the safety, security and good order of the institution.

Disclosures required by the HIPAA Privacy Rule: We may be required to disclose your health information to the Secretary of the Department of Health and Human Services when directed by the Secretary in order to review our compliance with federal privacy rules.

When we may share your health information once you have been informed and only after you have had the opportunity to agree or object in the following circumstances:

Communications to Individuals Involved in Your Care: If you agree or do not object, we may provide limited health information about you to a family member who is involved in your care or payment for your care. If you are unable to agree or object, we may provide information about you to a family member if your treating provider determines that the disclosure would be in your best interest.  We may also use or disclose your medical information to notify (or assist in notifying) a family member, legally authorized representative or other person responsible for your care of your location, general condition or death.  If you are a minor, we may release your medical information to your parents or legal guardians when we are permitted or required to do so under federal and applicable state law.

Communications to Disaster Relief Agencies: In a disaster or an emergency situation, we may disclose limited health information about you to disaster relief agencies so that they can notify others about your location, general condition, or death. We will get your permission, if possible; but, if you are unable to give permission because you are incapacitated or not available, we may share your information if your treating provider determines that the disclosure is in your best interest. We do not need to get your permission to share your information if doing so would interfere with the disaster relief organization’s ability to respond to an emergency.

We will never share your health information without your written authorization for:

  • Sale of your protected health information
  • Most uses and disclosures for marketing
  • Most sharing of psychotherapy notes

You may revoke an authorization in writing at any time, except to the extent that we have already taken action in reliance on your authorization. 

III. Your Health Information Rights

Although the health record is our physical property, the information belongs to you. Except for the reasons listed above that describe when we may disclose your health information without your authorization, any other use or disclosure of your health information will be made only with your written authorization.

You also have the right to:

  • Ask us to limit what information we use or share
  • You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
  • If you pay for a service or a healthcare item out-of-pocket in full, you can ask us not to share that information with your health insurer. We will say “yes” unless a law requires us to share that information.
  • Request confidential communications
  • You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
  • We will say “yes” to all reasonable requests.
  • Request a copy of your medical record
  • You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you.
  • We will provide a copy or a summary of your health information, within 30 days of your request. If we cannot meet that deadline, we may take an additional 30-day extension, but we will send you a written notice within the original 30 days explaining the reason for delay and the date we will respond. We may charge a reasonable, cost-based fee.
  • Ask us to correct your medical record
  • You can ask us to correct health information about you that you think is incorrect or incomplete.
  • We will act on your request within 60 days. If we cannot meet that deadline, we may take one additional 30-day extension, but we will send you a written notice explaining the delay and the date we will respond.
  • Get a list of those with whom we’ve shared information
  • You can ask for a list (accounting) of the times we have shared your health information for six years prior to the date you ask. The list will include who we shared it with and why we shared it.
  • We will include all the disclosures on the list except for those about treatment, payment, our health care operations, and certain other disclosures (such as those you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within that year.
  • Get a copy of this notice
  • You can ask for a paper copy of this notice at any time, even if you have agreed to the notice electronically.
  • Choose someone to act for you
  • If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
  • We will make sure the person has this authority and can act for you before we take any action.
  • Revoke an authorization
  • You may revoke any authorization to share your health information at any time.
  • We will no longer share your information pursuant to the revoked authorization, unless your information had already been disclosed before we receive your revocation.
  • File a complaint if you feel your rights have been violated
  • You can complain if you feel we have violated your rights by contacting us using the information on the last page of this notice.
  • You can also file a complaint with the U.S. Department of Health and Human Services Office of Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C., 20201, or by calling 1­877-696-6775, or by visiting hhs.gov/ocr/privacy/hipaa/complaints/.
  • We will not retaliate against you for filing a complaint.
  1. Special Protections for Substance Use Disorder (SUD) Records

While Help at Home is not a federally assisted substance use disorder program, we receive certain records that remain subject to the confidentiality requirements of 42 CFR Part 2 and will protect them accordingly.

Some of the health information we receive and maintain may relate to substance use disorder (SUD) diagnosis, treatment, or referral for treatment. This information is protected by a federal law called 42 CFR Part 2 (“Part 2”), which provides additional privacy protections beyond HIPAA.

How SUD Records Are Protected

SUD records protected by Part 2 cannot be disclosed unless:

  • You provide written consent, or
  • The disclosure is otherwise permitted or required by Part 2 (for example, medical emergencies, research, audits, or as required by court order).

Your SUD records may not be used or disclosed to investigate or prosecute you without your specific consent or a court order that meets Part 2 requirements.

Redisclosure of SUD Records

If we receive SUD records that are protected by Part 2, any further disclosure of those records is restricted.

Federal law requires the following notice to accompany any disclosure of Part 2–protected information:

“This information has been disclosed to you from records protected by federal confidentiality rules (42 CFR Part 2). The federal rules prohibit you from making any further disclosure of this information unless further disclosure is expressly permitted by the written consent of the individual whose information is being disclosed or as otherwise permitted by 42 CFR Part 2. A general authorization for the release of medical or other information is NOT sufficient for this purpose.”

Use of SUD Records for Treatment, Payment, and Health Care Operations

When permitted by law and consistent with Part 2:

  • We may use or disclose SUD records for treatment, payment, and health care operations.
  • These disclosures may be made under a single consent that allows future uses and disclosures for these purposes.

You have the right to revoke your consent at any time, except to the extent we have already relied on it.

Your Rights Regarding SUD Records

In addition to your HIPAA rights, Part 2 provides you with specific protections related to SUD records, including the right to:

  • Receive an accounting of disclosures, where applicable
  • Limit or revoke consent for disclosures
  • File a complaint if you believe your SUD records were improperly disclosed 
  1. Our Responsibilities
    We are required by law to:
  • Maintain the privacy and security of your health information
  • Notify you promptly if a breach occurs that may have compromised the privacy or security of your information
  • Provide this notice to you describing 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 to communicate health information by alternative means or at alternative locations
  • Not disclose your health information for marketing purposes without your authorization

We reserve the right to change our privacy practices and to make the new provisions effective for all protected health information we maintain. Should we amend our notice of privacy practices, we will post a copy in a clear and prominent location at our offices and make the notice available at you at our offices or on our website.

We will not use or disclose health information without your authorization, except as described in this notice.

  1. For More Information or to Report a Problem

If you have any questions about this Notice or wish to exercise your rights, contact:

Privacy Officer

Email: [email protected]

Mailing Address: 33 S. State Street, Fifth Floor, Chicago, IL, 60603

You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights. We will not retaliate against you for filing a complaint.

Form 293 – Notice of Health Information Practices                                                                                  891594Rev.; 02/26