Understanding Your Health Record and Related Information

Our Agency is responsible for obtaining health information of residents, potential residents and employees in order to make decisions including, but not limited to accepting residents into our programs, appropriate care for health conditions, selection of health providers, payment for services and other related matters. We are also responsible for creating and maintaining records of symptoms, diagnosis and treatment plans for future care. This information, often referred to as resident case record or employee confidential record, serves as a basis for planning resident or employee care and treatment. Resident and employee health information is also used by third-party payers to verify that billed services were provided.

Uses and Disclosures

Our Agency will not disclose resident health information without the resident’s authorization, except as described in this notice. The resident’s legal guardian may also provide authorization.

Treatment. The Agency will use the resident or employee health information for treatment: for example, information obtained by staff will be recorded in the resident case record or employee confidential record and used to determine the course of treatment. The therapist/worker and other health care professionals will communicate with one another personally and through the case record or employee confidential record to coordinate care provided to that resident or employee. The resident or employee may receive more than one service during the treatment period with such information shared between service entities.

Payment. The Agency will use resident or employee health information for payment for services rendered. For example, a bill may be sent to resident, employee or a third-party payer. The information on or accompanying the bill may include information that identified the resident or employee, as well as that person’s diagnosis and treatment procedures.

Health Care Operations. The Agency will use resident health information for health care operations. For example, Agency staff may use information in the resident’s care record to assess the care and outcomes of the case and others like it. This information will then be used in an effort to continually improve the quality and effectiveness of services we provide. Regulatory and accrediting organizations may review resident case record or employee record to ensure compliance with their requirements.

Notification. In an emergency, the Agency may use or disclose health information to notify or assist in notifying a family member, personal representative or another person responsible for the care of resident or employee, of resident location and general condition.

Occupational Injury. The Agency may disclose health information to the extent authorized by and to the extent necessary to comply with laws relating to occupational injury, workers’ compensation or other similar programs established by the law.

Public Health. As required by federal and state law, the Agency may disclose resident or employee health information to public health or legal authorities charged with preventing or controlling disease, injury or disability.

Law Enforcement. As required by federal and state law, the Agency will notify authorities of alleged abuse/neglect; and risk or threat of harm to self or others. We may disclose health information for law enforcement purposes as required by law or in response to a valid subpoena.

Charges against the Agency. In the event resident, personal representative, employee or former employee should file against the Agency, the Agency may disclose health information necessary to defend such action.

Duty to Warn. When a resident or employee communicates to the Agency a serious threat of physical violence against himself, herself or a reasonably identifiable victim or victims, the Agency will notify either the threatened person(s) and/or law enforcement.

The Agency may also contact residents or employees about appointment reminders, treatment alternatives or for public relations activities.

In any other situation, the Agency will request resident, personal representative or employee written authorization before using or disclosing any identifiable health information. If resident personal representative or employees choose to sign such authorization to disclose information, that resident, personal representative or employee can revoke that authorization to stop any future uses and disclosures.

Individual Rights

Residents and employees have the following rights with respect to their protected health information.

1. Residents and employees may request in writing that the Agency not use or disclose their information for treatment, payment or administration purposes or to persons involved in their care except when specifically authorized by the resident or employee, when required by law, or in emergency situations. The Agency will consider that request; however, the Agency is not legally required to accept it.

Residents or employees have the right to request that their health information be communicated to them in a confidential manner such as sending mail to an address other than their home.

2. Within the limits of the Texas statutes and regulations, residents and employees have the right to inspect and copy their protected health information. If they request copies, the Agency will charge them a reasonable amount, as allowed by statutes.
3. If residents or employees believe that information in their record is incorrect or if important information is missing, they have the right to submit a request to the Agency to amend their protected health information by correcting the existing information or adding the missing information.
4. Residents and employees have the right to receive an accounting of disclosures of their protected health information.
5. If this notice was sent to you electronically, you may obtain a paper copy of the notice upon request to the Agency.

Agency’s Duties

1. The Agency is required by law to maintain the privacy of protected health information and to provide individuals with notice of its legal duties and privacy practices with respect to protected health information.
2. The Agency is required to abide by the terms of the Notice currently in effect, and
3. The Agency reserves the right to change the terms of this Notice and to make the new Notice provisions effective for all protected health information that it maintains. Prior to making any significant changes in our policies, Agency will change its Notice and post the new Notice in the reception area and on the web site. You can also request a copy of our Notice at any time. For more information about our privacy practices, contact the individual listed below.

Complaints

If you are concerned that the Agency has violated your privacy rights, or you disagree with a decision the Agency made about access to your records, you may contact the person listed below. You may also send a written complaint to the federal Department of Health and Human Services. The person listed below can provide you with the appropriate address upon request. Under no circumstances will you be retaliated against for filing a complaint.

Contact Information

The Agency is required by law to protect the privacy of your information, provide this Notice about our information practices, and follow the information practices that are described in this Notice.

If you have any questions or complaints, please contact Evelyn Clark at the address or phone number listed below.