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HIPAA

The Holloway Group

Privacy Practices 

 

THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

 

The Holloway Group is required to maintain the privacy of your health information and provide you with a notice of its legal duties and privacy practices. We call this information “protected health information” or “PHI” for short. The Holloway Group, their Associates and professional staffs are joined under this Notice for the convenience of explaining how, when and why we use and disclose your PHI. The Holloway Group is a legally separate healthcare provider and is not responsible for the medical judgment or patient care decisions made by the other providers associated with The Holloway Group. We will not use or disclose your PHI except as described in this notice. With some exceptions, we may not use or disclose any more of your PHI than is necessary to accomplish the purpose of the use or disclosure. This notice applies to all PHI generated or maintained by The Holloway Group.

TREATMENT, PAYMENT & HEALTH CARE OPERATIONS.

  1. Treatment: We may use your PHI to provide you with medical treatment and services. We may disclose your PHI to physicians, nurses, technicians, medical students, and other health care personnel who need to know your PHI for your care and continued treatment. We may share your PHI in order to coordinate services, such as prescriptions, lab work, x-rays and other services. We may use and disclose your PHI to tell you about or arrange for possible treatment options for your continued care, such as rehabilitation, home care or nursing home services, family members, clergy or others.

  2. Payment: We may use and disclose your PHI for the purpose of determining coverage, billing, collections, claims management, medical data processing, and reimbursement. PHI may be released to an insurance company, third party payer or other entity (or their authorized representatives) involved in the payment of your medical bill and may include copies or excerpts of your medical record that are necessary for payment of your account. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or determine whether your plan will cover the treatment.

  3. Routine Healthcare Operations: We may use and disclose your PHI during routine healthcare operations. These uses and disclosures are necessary to run the Facility and make sure our patients receive quality care. Common examples include conducting quality assurance, utilization review, medical review, internal auditing, accreditation, certification, licensing, credentialing, medical research, training and education.

    SPECIAL CIRCUMSTANCES.

  1. Emergencies: Your authorization is not required if you need emergency treatment. We will try to get your authorization as soon as practicable after the emergency.

  2. Mental Health/Substance Abuse: Title 43A.Mental Health; Section 1-109 Oklahoma Statue requires all mental health and drug or alcohol abuse treatment information, whether written or recorded, and all communications between a physician or psychotherapist and a patient are both privileged and confidential.  Such information shall not be disclosed to anyone not involved in the treatment or related administrative work without a valid written release or an order from a court of competent jurisdiction.  A person who is or has been a patient of a physician, psychotherapist, mental health facility, a drug or alcohol abuse treatment facility or service, other agency for the purpose of mental health or drug or alcohol abuse care and treatment shall not be entitled to personal access to psychotherapy notes or progress notes unless such access is consented to by the treating physician or practitioner or is ordered by a court.  Access to such information shall be provided to the patient in a manner consistent with the best interests of the patient as determined by the person in charge of the care and treatment of the patient.

     

    OTHER USES AND DISCLOSURES:

  1. Family/Friends: With your expressed consent and unless you object, orally or in writing, we may disclose your PHI to a friend or family member who is involved in your medical care or who helps pay for your care. We may disclose your PHI to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status and location. If you are unable or unavailable to agree or object, we will use our best judgment in communicating with your family and others.

     

  1. Appointment Reminders: We may use and disclose your PHI to contact you as a reminder that you have an appointment for treatment or medical care. This may be done through an automated system or by one of our staff members. If you are not home, we may leave a message on an answering machine or with the person answering the telephone.

     

  2. Health Related Business and Services: We may use and disclose your PHI to tell you of health-related benefits/services of interest to you.

 

  • Business Associates: We may disclose your PHI to business associates with whom we contract to provide services on our behalf. Examples of business associates, include, copy services used to copy medical records, consultants, accountants, lawyers, medical transcriptionists and third-party billing companies. We will only make these disclosures if we have received satisfactory assurance that the business associate will properly safeguard your PHI.

     

  1. Research: Under certain circumstances, we may use and disclose your PHI to researchers whose clinical research studies have been approved by The Holloway Group. While most clinical research studies require patient consent, there are some instances where your PHI may be used or disclosed pursuant to IRB waiver or as allowed by law.  PHI regarding people who have died may be disclosed without authorization in certain circumstances.

  2. Marketing: We may use your PHI to provide marketing materials to you.

  3. Fundraising: We may use and disclose your PHI to raise funds for The Holloway Group and its operations. We may disclose certain PHI to a foundation related to The Holloway Group so that it may contact you to raise funds. If you do not want to be contacted for fundraising efforts, you must notify The Holloway Group.

  4. Workers Compensation: We may disclose your PHI for workers’ compensation or similar programs in order to comply with workers’ compensation and similar laws.

  5. Other Uses: We must obtain a separate authorization from you to use or disclose your PHI for situations not described in this Notice.

     

    SPECIAL SITUATIONS.

 

  1. Regulatory Agencies: We may disclose your PHI to a health oversight agency for activities authorized by law, including, but not limited to, licensure, certification, audits, investigations, inspections and medical device reporting. We may provide your PHI to assist the government when it conducts an investigation or inspection of a healthcare provider or organization.

     

  2. Law Enforcement: We may disclose your PHI if asked to do so by law enforcement official: (i) in response to a court order, warrant, summons or other similar process; (ii) to identify or locate a suspect, fugitive, material witness, or missing person; (iii) about the victim of a crime, if under limited circumstances, we are unable to obtain the person’s agreement; (iv) about a death we believe may be the result of criminal conduct; (v) about criminal conduct at the Facility; and (vi) in emergency circumstances to report a crime; the location of a crime or victims, or the identity, description or location of the person who committed the crime.


 

·        Lawsuits and Disputes. If you are involved in a lawsuit or dispute, we may disclose your PHI in response to a valid court or administrative order. In limited circumstances, we may disclose PHI in response to a subpoena, discovery request or other lawful process, but only if efforts have been made to inform you about the request or to obtain an order protecting the information requested.

 

·        Public Health: As required by law, we may disclose your PHI to public health or legal authorities charged with preventing or controlling disease, injury or disability.  For example, we are required to report births, deaths, birth defects, abuse, abortions, tumors, reactions to medications, device recalls, and various diseases and/or infections to government agencies in charge of collecting that information.

 

·        Judicial and Administrative Proceedings. We may disclose your PHI in the course of any administrative or judicial proceeding.

 

·        Specific Government Functions. We may disclose your PHI to military personnel and veterans in certain situations. We may disclose your PHI for national security purposes, such as protecting the president of the United States or conducting intelligence operations.

 

·        Military/Veterans: We may disclose your PHI as required by military command authorities, if you are a member of the armed forces.

 

·        Inmates: If you are an inmate of a correctional institute or under the custody of a law enforcement officer, we may release your PHI to the correctional institute or law enforcement official.

 

·        To Avoid Harm. In order to avoid a serious threat to the health and safety of a person or the public, we may disclose PHI to law enforcement personnel or persons able to prevent or lessen such harm. We may notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition as ordered by public health authorities or allowed by state law.

 

·      Required by Law: We will disclose your PHI when required to do so by federal, state or law. For example, we are required to report criminally injurious conduct.

 

·        Coroners, Medical Examiners, Funeral Directors: We may release your PHI to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or to determine a cause of death. We may also release your PHI to funeral directors as necessary to carry out their duties.

 

THE INFORMATION AUTHORIZED FOR RELEASE MAY INCLUDE RECORDS WHICH MAY INDICATE THE PRESENCE OF A COMMUNICABLE OR VENEREAL DISEASE WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, DISEASES SUCH AS HEPATITIS, SYPHILIS, GONORRHEA AND THE HUMAN IMMUNODEFICIENCY VIRUS, ALSO KNOWN AS ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS).

 

PATIENT HEALTH INFORMATION RIGHTS: Although all records concerning your treatment at The Holloway Group are the property of The Holloway Group, you have the following rights concerning your PHI.

 

Right to Confidential Communications: You have the right to receive confidential communications of your PHI by alternative means or at alternative locations. For example, you may request that we only contact you at work or by mail. You must submit your request in writing and identify how or where you wish to be contacted. We will accommodate all reasonable requests.

 

Right to Inspect and Copy (as identified under Oklahoma Statutes Title 43A. Mental Health, Section 1-109): You have the right to inspect and copy your PHI as provided by law. This right does not apply to psychotherapy notes. A request must be made in writing. We have the right to charge you the amounts allowed by state or federal law for such copies. We may deny your request to inspect and copy in certain circumstances. If you are denied access, you may requested that the denial be reviewed. A licensed healthcare professional chosen by us 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 (as identified under Oklahoma Statutes Title 43A. Mental Health, Section 1-109):  If you feel that the PHI we have about you is incorrect or incomplete, you have the right to request an amendment of your PHI. You must submit your request in writing and state the reason(s) for the amendment. We may deny your request for an amendment if it is not in writing, does not include a reason to support the request; or the information (i) was not created by us (unless the person or entity that created the information is not available to make the amendment; (ii) is not part of the medical record that we maintain; (iii) is not part of the information that you would be permitted to inspect or copy; or (iv) is accurate and complete.

Right to an Accounting: You have the right to obtain a statement of certain disclosures of your PHI to third parties, except those disclosures made for treatment, payment or healthcare operations or authorized pursuant to this Notice. To request this list, you must submit your request in writing and state a time period no longer than six (6) months which may not include dates prior to April 14, 2003. If you request more than one (1) accounting in a 12-month period, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to modify or withdraw your request before any costs are incurred.

Right to Request Restrictions: You have the right to request restrictions or limitations on PHI we use or disclose about you unless our use or disclosure is required by law.  We are not required to honor your request. To request restrictions, you must make your request in writing and tell us (i) what information you want to limit; (ii) whether you want to limit our use, disclosure or both; and (iii) to whom you want the limits to apply. If we agree, we will comply with your request unless the information is needed to provide emergency treatment to you.

 

Right to Receive Copy of this Notice: You have the right to a paper copy of this notice.

 

Right to Revoke Authorization: You have the right to revoke your authorization to use or disclose your PHI, EXCEPT to the extent that we have already taken action in reliance on your authorization.

 

FOR MORE INFORMATION OR TO REPORT A PROBLEM: If you have questions and would like additional information, you may contact The Holloway Group Privacy/Security Officer. If you believe your privacy rights have been violated, you may file a complaint with (i) The Holloway Group by contacting The Holloway Group Privacy/Security Officer; or (ii) the Secretary of the Department of Health and Human Services. To file a complaint with DHHS the address is 200 Independence Avenue, S.W., Washington, D.C. 20201, HHS.Mail@hhs.gov. All complaints must be in writing and filed within 180 days of when you knew or should have known that the act or omission complained of occurred. You will not be penalized for filing a complaint.

 

CHANGES TO THIS NOTICE: We will abide by the terms of the notice currently in effect. We reserve the right to change the terms of its notice and to make the new notice provisions effective for all PHI we maintain.

 

OWNERSHIP CHANGE. In the event that The Holloway Group is sold or merged with another organization, your PHI may become property of the new owner.

 

NOTICE EFFECTIVE DATE: April 14, 2003.

 

CONTACT: The Holloway Group Privacy and Security Officer  (405) .

 

 


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