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NOTICE OF PRIVACY PRACTICES
YOUR HEALTH INFORMATION PRIVACY RIGHTS
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.
This notice describes the practices
of all the hospitals in the Cottage Health System, including
Santa Barbara Cottage Hospital,
Goleta Valley Cottage Hospital and Santa Ynez Valley Cottage
Hospital. In addition to all of the Cottage Health System entities,
sites and locations, the following persons, entities and groups
also follow the terms of this Notice: any health care professional
authorized to enter information into your hospital chart, including
our medical staff and independent contractors, all departments
and units of the hospital, any member of a volunteer group
we allow to help you while you are in the hospital, all employees,
staff and other hospital personnel. In addition, these entities,
sites and locations may share medical information with each
other
for treatment, payment or health care operations purposes described
in this notice. 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.
USES & DISCLOSURES
OF MEDICAL INFORMATION
Our Pledge: We understand that medical
information about you and your health is personal and we are
committed to protecting
it. In order to provide you with quality care and to comply with
certain legal requirements, we create a record of the care and
services you receive at the hospital. This notice applies to
all of the records of your care generated by the hospital, whether
made by hospital personnel or your personal doctor. Your personal
doctor may, however, have different policies or notices regarding
the doctor’s use and disclosure of your medical information
created in the doctor’s office or clinic. The following
categories describe different ways that we use and disclose medical
information and examples of each.
However, not every use or disclosure in a category will be listed.
For
Treatment: We 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, residents,
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 skilled nursing
facilities or home health agencies.
For Payment: We 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
health plan 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: We
may use and disclose medical information about you for health
care operations. These uses
and disclosures are necessary
to run the hospital and make sure that all of our patients receive quality
care. For example members of the medical staff, the 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
in an effort to continually improve the quality and effectiveness
of the services
we provide. We may also disclose information to doctors, nurses, technicians,
medical students, and other hospital personnel for review and learning
purposes.
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
Products and Services: We may use and disclose medical information
to tell you about our health-related products
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 CHS Development
Office in writing at CHS Development Office, PO Box 689, Santa
Barbara, CA 93105.
Hospital Directory: In conformity with applicable
laws, 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, and your religious
affiliation. Unless there is a specific written request from
you to contrary, this directory information, except for your
religious affiliation, may also be released to people who ask
for you by name. This information will not be made available
if you are hospitalized on the Psychiatric/Chemical Dependancy
unit.
Disaster Relief Effort: 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 receive one medication to those who receive
another, for the same condition. All research projects, however,
are subject to a special approval process through the Institutional
Review Board. 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 and the Institutional Review Board has approved
such activity. We will 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: In conformity with applicable
laws, 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 military
authority.
Workers’ Compensation: In conformity with applicable laws,
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: In conformity with applicable
laws, we may disclose medical information about you for public
health
activities. These activities generally include the following:
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To prevent or control disease,
injury or disability; |
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To report births and deaths; |
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To report the abuse or neglect of children,
elders and dependent adults; |
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To report reactions to medications or problems
with products; |
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To notify people of recalls of products they
may be using; |
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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; |
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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: In conformity
with applicable laws, 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
(which may include written notice to you) or to obtain an order
protecting the information requested.
Law Enforcement: In conformity
with applicable laws, we may release medical information if asked
to do so by a law enforcement
official. For patients hospitalized on the acute Psychiatric
unit information released must be in accordance with Welfare
and Institution Code 5328 (u). For all other situations, the
following would apply:
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In response to a court, subpoena,
warrant, summons or similar process; |
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To identify or locate a suspect, fugitive,
material witness, or missing person; |
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About the victim of a crime if, under certain
limited circumstances, we are unable to obtain the person’s
agreement; |
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About a death we believe may be the result
of criminal conduct; |
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About criminal conduct at the hospital; and |
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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: In conformity
with applicable laws, 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: In conformity
with applicable laws, 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: In conformity with applicable
laws, 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 may not include some mental health information. To inspect
and copy medical information that may be used to make decisions
about you, you must submit your request in writing to Cottage
Health System Health Information Management, PO Box 689, Santa
Barbara, CA 93105. 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 correct
or amend the information. You have
the right to request a correction or amendment for as long as the information
is kept by or for the hospital. To request a correction or amendment, submit
your written request to Cottage Health System Health Information Management,
PO Box 689, Santa Barbara, CA 93105. The reason for the request must be
included.
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:
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Was not created by us, unless
the person or entity that created the information is no longer
available to make the amendment; |
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Is not part of the medical information kept
by or for the hospital; |
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Is not part of the information which you would
be permitted to inspect and copy; or |
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Is accurate and complete. |
Even if we deny your request for amendment, you have the right
to submit a written addendum, not to exceed 250 words, with respect
to any item or statement in your record you believe is incomplete
or incorrect. If you clearly indicate in writing that you want
the addendum to be made part of your medical record we will attach
it to your records and include it whenever we make a disclosure
of the item or statement you believe to be incomplete or incorrect.
Right
to an Accounting of Disclosures: You have the right to request
an “accounting of disclosures.” This is a
list of the disclosures we made of medical information about
you other than our own uses for treatment, payment and health
care operations, (as those functions are described above) and
with other expectations pursuant to the law. To request this
list or accounting of disclosures, you must submit your request
in writing to Cottage Health System Health Information Management,
PO Box 689, Santa Barbara, CA 93105. Your request must state
a time period, which may not be longer than six years and may
not include dates before April 14, 2003. 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 Cottage Health System Health Information Management, PO
Box 689, Santa Barbara, CA 93105. 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 certain location. For example, you can
ask
that we only contact you at work or by e-mail. To request confidential
communications, you must make your request in writing to Cottage
Health System Health Information Management, PO Box 689, Santa
Barbara, CA 93105. 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 website: www.cottagehealthsystem.org. To obtain a paper
copy of this notice please contact the Cottage Health System
Quality
Improvement Department at PO Box 689, Santa Barbara, CA 93105
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 anytime.
If you revoke your permission, this will stop any further use
or disclosure of your medical information for the purposes
covered by your written authorization, except if we have already
acted
in reliance on your permission. 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.
Complaints, Notice Changes, and Contact
Information: Cottage Health System is required to maintain
the privacy of your health
information and must provide you with a notice as to our legal
duties and privacy practices with respect to the information
we collect and maintain about you. Cottage Health System must
abide by the terms of this notice and must notify you if we
are unable to agree to a requested restriction. We reserve the
right
to change our practices and this Notice, 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.
Should our information practices change, we will post a revised
Privacy Notice and it shall be made available upon request.
If
you have any questions about this notice, you may contact the
Cottage Health System Privacy Officer in the Cottage Health
System Quality Improvement office
at (805) 569-7244. If you believe your privacy rights have been violated,
you may file a complaint with the Cottage Health System Privacy Officer
(Cottage Health System Quality Improvement Department at PO Box
689, Santa Barbara,
CA 93105). Additionally, you may file a complaint with the Secretary of
Health and Human Services. You will not be penalized for filling
a complaint.
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