Retreat Healthcare Privacy Notice 
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: our Privacy Officer who is Lorin
Young at (802) 258-6162.
This Notice of Privacy Practices describes how we may use and disclose
your protected health information to carry out treatment, payment or health
care operations and for other purposes that are permitted or required
by law. It also describes your rights to access and control your protected
health information. "Protected health information" is information about
you, including demographic information, that may identify you and that
relates to your past, present or future physical or mental health or condition
and related health care services.
We are required to abide by the terms of this Notice of Privacy Practices.
We may change the terms of our notice, at any time. The new notice will
be effective for all protected health information that we maintain at
that time. Upon your request, we will provide you with any revised Notice
of Privacy Practices by calling the office and requesting that a revised
copy be sent to you in the mail or asking for one at the time of your
next appointment.
Uses and Disclosures of Protected Health Information
Your protected health information may be used and disclosed by your
Treatment Provider, our office staff and others outside of our office
that are involved in your care and treatment for the purpose of providing
health care services to you. Your protected health information may also
be used and disclosed to pay your health care bills and to support the
operation of the Treatment Provider.
Following are examples of the types of uses and disclosures of your
protected health care information that the Treatment Provider is permitted
to make. These examples are not meant to be exhaustive, but to describe
the types of uses and disclosures that may be made by our office.
Treatment: We will use and disclose your protected
health information to provide, coordinate, or manage your health care
and any related services. This includes the coordination or management
of your health care with a third party that has already obtained your
permission to have access to your protected health information. For example,
we would disclose your protected health information, as necessary, to
a home health agency that provides care to you. We will also disclose
protected health information to other Treatment Providers who may be treating
you when we have the necessary permission from you to disclose your protected
health information. For example, your protected health information may
be provided to a Treatment Provider to whom you have been referred to
ensure that the Treatment Provider has the necessary information to diagnose
or treat you.
In addition, we may disclose your protected health information from
time-to-time to another Treatment Provider or health care provider (e.g.,
a specialist or laboratory) who, at the request of your Treatment Provider,
becomes involved in your care by providing assistance with your health
care diagnosis or treatment to your Treatment Provider.
Payment: Your protected health information will be
used, as needed, to obtain payment for your health care services. This
may include certain activities that your health insurance plan may undertake
before it approves or pays for the health care services we recommend for
you such as; making a determination of eligibility or coverage for insurance
benefits, reviewing services provided to you for medical necessity, and
undertaking utilization review activities. For example, obtaining approval
for a hospital stay may require that your relevant protected health information
be disclosed to the health plan to obtain approval for the hospital admission.
Healthcare Operations: We may use or disclose, as-needed,
your protected health information in order to support the business activities
of your Treatment Provider's practice. These activities include, but are
not limited to, quality assessment activities, employee review activities,
training of medical students, licensing, fundraising activities, and conducting
or arranging for other business activities.
For example, we may disclose your protected health information to medical
school students that see patients at our office. In addition, we may use
a sign-in sheet at the registration desk where you will be asked to sign
your name and indicate your Treatment Provider. We may also call you by
name in the waiting room when your Treatment Provider is ready to see
you. We may contact you by telephone to remind you of your appointments.
We will share your protected health information with third party "business
associates" that perform various activities (e.g., billing, and transcription
services) for the practice. Whenever an arrangement between our office
and a business associate involves the use or disclosure of your protected
health information, we will have a written contract that contains terms
that will protect the privacy of your protected health information.
We may use or disclose your protected health information, as necessary,
to provide you with information about treatment alternatives or other
health-related benefits and services that may be of interest to you.
We may use certain information (name, address, telephone number, dates
of service, age, and gender) to contact you in the future to raise money
for Retreat Healthcare. The money raised will be used to expand and improve
the services and programs we provide the community. If you do not wish
to be contacted for fund-raising efforts, please notify the Director of
Development at Retreat Healthcare, Anna Marsh Lane, P. O. Box 803, Brattleboro,
VT 05302 in writing.
Uses and Disclosures of Protected Health Information Based upon
Your Written Authorization
Other uses and disclosures of your protected health information will
be made only with your written authorization, unless otherwise permitted
or required by law as described below. You may revoke this authorization,
at any time, in writing, except to the extent that your Treatment Provider
has taken an action in reliance on the use or disclosure indicated in
the authorization.
Other Permitted and Required Uses and Disclosures That May Be
Made With Your Consent, Authorization or Opportunity to Object
We may use and disclose your protected health information in the following
instances. You have the opportunity to agree or object to the use or disclosure
of all or part of your protected health information. If you are not present
or able to agree or object to the use or disclosure of the protected health
information, then your Treatment Provider may, using professional judgement,
determine whether the disclosure is in your best interest. In this case,
only the protected health information that is relevant to your health
care will be disclosed.
Others Involved in Your Healthcare: With your written
authorization, we may disclose to a member of your family, a relative,
a close friend or any other person you identify, your protected health
information that directly relates to that person's involvement in your
health care. If you are unable to agree or object to such a disclosure,
we may disclose such information as necessary if we determine that it
is in your best interest based on our professional judgment. We may use
or disclose protected health information to notify or assist in notifying
a family member, personal representative or any other person that is responsible
for your care of your location, general condition or death. Finally, we
may use or disclose your protected health information to an authorized
public or private entity to assist in disaster relief efforts and to coordinate
uses and disclosures to family or other individuals involved in your health
care.
Emergencies: We may use or disclose your protected
health information in an emergency treatment situation. If this happens,
your Treatment Provider shall try to obtain your consent as soon as reasonably
practicable after the delivery of treatment. If your Treatment Provider
or another Treatment Provider in the facility is required by law to treat
you and the Treatment Provider has attempted to obtain your consent but
is unable to obtain your consent, he or she may still use or disclose
your protected health information to treat you.
Communication Barriers: We may use and disclose your
protected health information if your Treatment Provider or another Treatment
Provider in the facility attempts to obtain consent from you but is unable
to do so due to substantial communication barriers and the treatment provider
determines, using professional judgement, that you intend to consent to
use or disclosure under the circumstances.
Other Permitted and Required Uses and Disclosures That May Be
Made Without Your Consent, Authorization or Opportunity to Object
We may use or disclose your protected health information in the following
situations without your consent or authorization. These situations include:
Required By Law: We may use or disclose your protected
health information to the extent that the use or disclosure is required
by law. The use or disclosure will be made in compliance with the law
and will be limited to the relevant requirements of the law. You will
be notified, as required by law, of any such uses or disclosures.
Public Health: We may disclose your protected health
information for public health activities and purposes to a public health
authority that is permitted by law to collect or receive the information.
The disclosure will be made for the purpose of controlling disease, injury
or disability. We may also disclose your protected health information,
if directed by the public health authority, to a foreign government agency
that is collaborating with the public health authority.
Communicable Diseases: We may disclose your protected
health information, if authorized by law, to a person who may have been
exposed to a communicable disease or may otherwise be at risk of contracting
or spreading the disease or condition.
Health Oversight: We may disclose protected health
information to a health oversight agency for activities authorized by
law, such as audits, investigations, and inspections. Oversight agencies
seeking this information include government agencies that oversee the
health care system, government benefit programs, other government regulatory
programs and civil rights laws.
Abuse or Neglect: We may disclose your protected health
information to a public health authority that is authorized by law to
receive reports of child abuse or neglect. In addition, we may disclose
your protected health information if we believe that you have been a victim
of abuse, neglect or domestic violence to the governmental entity or agency
authorized to receive such information. In this case, the disclosure will
be made consistent with the requirements of applicable federal and state
laws.
Food and Drug Administration: We may disclose your
protected health information to a person or company required by the Food
and Drug Administration to report adverse events, product defects or problems,
biologic product deviations, track products; to enable product recalls;
to make repairs or replacements, or to conduct post marketing surveillance,
as required.
Legal Proceedings: We may disclose protected health
information in the course of any judicial or administrative proceeding,
in response to an order of a court or administrative tribunal (to the
extent such disclosure is expressly authorized), in certain conditions
in response to a subpoena, discovery request or other lawful process.
Law Enforcement: We may also disclose protected health
information, so long as applicable legal requirements are met, for law
enforcement purposes. These law enforcement purposes include (1) legal
processes and otherwise required by law, (2) limited information requests
for identification and location purposes, (3) pertaining to victims of
a crime, (4) suspicion that death has occurred as a result of criminal
conduct, (5) in the event that a crime occurs on the premises of the practice,
and (6) medical emergency (not on the Practice's premises) and it is likely
that a crime has occurred.
Coroners, Funeral Directors, and Organ Donation: We
may disclose protected health information to a coroner or medical examiner
for identification purposes, determining cause of death or for the coroner
or medical examiner to perform other duties authorized by law. We may
also disclose protected health information to a funeral director, as authorized
by law, in order to permit the funeral director to carry out their duties.
We may disclose such information in reasonable anticipation of death.
Protected health information may be used and disclosed for cadaveric organ,
eye or tissue donation purposes.
Research: We may disclose your protected health information
to researchers when their research has been approved by an institutional
review board that has reviewed the research proposal and established protocols
to ensure the privacy of your protected health information, or with your
written approval.
Criminal Activity: Consistent with applicable federal
and state laws, we may disclose your protected health information, if
we believe that the use or disclosure is necessary to prevent or lessen
a serious and imminent threat to the health or safety of a person or the
public. We may also disclose protected health information if it is necessary
for law enforcement authorities to identify or apprehend an individual.
Military Activity and National Security: When the
appropriate conditions apply, we may use or disclose protected health
information of individuals who are Armed Forces personnel (1) for activities
deemed necessary by appropriate military command authorities; (2) for
the purpose of a determination by the Department of Veterans Affairs of
your eligibility for benefits, or (3) to foreign military authority if
you are a member of that foreign military services. We may also disclose
your protected health information to authorized federal officials for
conducting national security and intelligence activities including for
the provision of protective services to the President or others legally
authorized.
Workers' Compensation: we may disclose your protected
health information as authorized to comply with workers' compensation
laws and other similar legally established programs.
Inmates: We may use or disclose your protected health
information if you are an inmate of a correctional facility and your Treatment
Provider created or received your protected health information in the
course of providing care to you.
Required Uses and Disclosures: Under the law, we must
make disclosures to you and when required by the Secretary of the Department
of Health and Human Services to investigate or determine our compliance
with the requirements of Section 164.500 et. seq.
Your Rights
Following is a statement of your rights with respect to your protected
health information and a brief description of how you may exercise these
rights.
You have the right to inspect and copy your protected health
information. This means you may inspect and obtain a copy of
protected health information about you that is contained in a designated
record set for as long as we maintain the protected health information.
A "designated record set" contains medical and billing records and any
other records that your Treatment Provider uses for making decisions
about you.
Under federal law, however, you may not inspect or copy the following
records; psychotherapy notes; information compiled in reasonable anticipation
of, or use in, a civil, criminal, or administrative action or proceeding,
and protected health information that is subject to law that prohibits
access to protected health information. Depending on the circumstances,
a decision to deny access may be reviewable. In some circumstances, you
may have a right to have this decision reviewed. Please contact our Privacy
Officer if you have questions about access to your medical record.
You have the right to request a restriction of your protected
health information. This means you may ask us not to use or
disclose any part of your protected health information for the purposes
of treatment, payment or healthcare operations. You may also request
that any part of your protected health information not be disclosed to
family members or friends who may be involved in your care or for notification
purposes as described in this Notice of Privacy Practices. Your request
must state the specific restriction requested and to whom you want the
restriction to apply.
Your Treatment Provider is not required to agree to a restriction that
you may request. If your Treatment Provider believes it is in your best
interest to permit use and disclosure of your protected health information,
your protected health information will not be restricted. If your Treatment
Provider does agree to the requested restriction, we may not use or disclose
your protected health information in violation of that restriction unless
it is needed to provide emergency treatment. With this in mind, please
discuss any restriction you wish to request with your Treatment Provider.
You may request a restriction by filling out the appropriate form available
in the Admissions department.
You have the right to request to receive confidential communications
from us by alternative means or at an alternative location. We
will accommodate reasonable requests. We may also condition this accommodation
by asking you for information as to how payment will be handled or specification
of an alternative address or other method of contact. We will not request
an explanation from you as to the basis for the request. Please make
this request in writing to our Privacy Officer.
You may have the right to have your Treatment Provider amend
your protected health information. This means you may request
an amendment of protected health information about you in a designated
record set for as long as we maintain this information. In certain cases,
we may deny your request for an amendment. If we deny your request for
amendment, you have the right to file a statement of disagreement with
us and we may prepare a rebuttal to your statement and will provide you
with a copy of any such rebuttal. Please contact our Privacy Officer
to determine if you have questions about amending your medical record.
You have the right to receive an accounting of certain disclosures
we have made, if any, of your protected health information. This
right applies to disclosures for purposes other than treatment, payment
or healthcare operations as described in this Notice of Privacy Practices
and all disclosures made pursuant to a signed authorization. It excludes
disclosures we may have made to you, for a facility directory, to family
members or friends involved in your care, or for notification purposes.
You have the right to receive specific information regarding these disclosures
that occurred after April 14, 2003. You may request a shorter timeframe.
The right to receive this information is subject to certain exceptions,
restrictions and limitations.
You have the right to obtain a paper copy of this notice from
us , upon request, even if you have agreed to accept this notice
electronically.
Complaints
You may complain to us or to the Secretary
of Health and Human Services if you believe we have violated your privacy rights. You may file a complaint
with us by notifying our privacy officer of your complaint. We will not
retaliate against you for filing a complaint.
You may contact our Privacy Officer, Lorin Young at (802) 258-6162 for
further information about the complaint process.
This notice was published and becomes effective on April 14, 2003.
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