Privacy & Confidentiality
at AIDS Delaware

NOTICE OF PRIVACY PRACTICES

This notice describes how medical information about you may be used and disclosed and how you can get access to information.

Effective date: August 1, 2004

AIDS Delaware, Inc.
Notice of Privacy Practices Summary

AIDS Delaware recognizes that medical information about you and your health is private. We work hard to protect that information. The goal of this Notice is to explain to you how AIDS Delaware protects your records and what rights you have regarding your private health information. You have the right to receive a Notice of Privacy Practices that informs you how everyone at this agency protects your rights. By everyone, we mean case managers, nurses, volunteers, interns, administrators and anyone else who might see your records or put information into them. We hope you will take the time to read the Notice that follows.

Use of the information in your records

AIDS Delaware can use and give information to everyone who is participating in your case. This includes case managers, doctors, nurses, social and case workers, therapists, and personnel at agencies that provide emergency assistance. Also, we can give out information to the Social Security Administration, Medicaid, Medicare, your insurance company, or designated individuals responsible for your care.

We make a record of each time we talk or meet with you. AIDS Delaware maintains this record in order to provide a good service to you and to guide you in the search of self reliance, a productive and quality life, and to follow regulations from our funders. This applies to all your records at this agency, whatever is documented or reviewed by a case manager, the case manager assistant, the nurse, a volunteer or an intern in the Client Services Department or any medical provider working at the agency. We may also share information, to find appropriate programs or services.

Your Rights

To inspect your records or to obtain copies. A request should be made in writing to the Director of Client Services. You will receive the records in 30 to 60 days.
To ask us to add corrections or comments to information that we have created. Also, this request must be made in writing.
To know who has seen your records. This request must be made in writing.
To complain to AIDS Delaware if you believe we have not followed the privacy law or abided by the Notice of Privacy Practices.

Notice of Privacy Practices

(Please review this document carefully)

The following Notice of Privacy Practices contains a fuller explanation of your rights and our responsibilities.

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.

We respect the privacy of your personal health information and are committed to maintaining the confidentiality of your records. This Notice of Privacy Practices (Notice) applies to all information and records related to your care that our agency has received or created. It extends to information received or created by our employees, staff, volunteers and physicians. This Notice informs you about the possible uses and disclosures of your personal health information. It also describes your rights and our obligations regarding your personal health information.

We are required by law to:

Maintain the privacy of your protected health information;
Make sure that we keep your information private;
Provide to you this detailed Notice of our legal duties and privacy practices relating to your personal health information as well the rules and laws we must follow; and
Abide by the terms of the Notice that are currently in effect.

YOUR AUTHORIZATION IS REQUIRED FOR OTHER USES OF PERSONAL HEALTH INFORMATION

We will use and disclose personal health information (other than as described in this Notice or required by law) only with your written Authorization. You may revoke your Authorization to use or disclose personal health information in writing at any time. If you revoke your Authorization, we will no longer use or disclose your personal health information for the purposes covered by the Authorization, except where we have already relied on the Authorization.

Your Rights Regarding Your Personal Health Information

You have the following rights regarding your personal health information at the agency.

Right to Request Restrictions.

You have the right to request restrictions on our use or disclosure of your personal health information for treatment, payment or health care operations. You also have the right to restrict the personal health information we disclose about you to a family member, friend or other person who is involved in your care or the payment for your care. Requests should be directed to the Director of Client Services. Please note that, under certain circumstances, we may not agree to your requested restriction.

Right of Access to Personal Health Information.

You have the right to inspect and obtain a copy of your medical or billing records or other written information that may be used to make decisions about your care, subject to some limited exceptions. We may charge a reasonable fee for our costs in copying and mailing your requested information. Requests should be directed to the Director of Client Services.

We may deny your request to inspect or receive copies in certain limited circumstances. If you are denied access to personal health information, you will have a right to request a review of the denial. This review would be performed by a licensed health care professional designated by the agency who did not participate in the decision to deny.

Right to Request Amendment.

You have the right to request the agency to amend any personal health information maintained by the agency for as long as the information is kept by or for the agency. Your request must be made in writing to the Director of Client Services and must state the reason for the requested amendment.

We may deny your request for amendment if the information:

was not created by the agency, unless the originator of the information is not available to act on our request;
is not part of the personal health information maintained by or for the agency;
is not part of the information to which you have a right of access; or
is already accurate and complete, as determined by the facility.

If we deny your request for amendment, we will give you a written denial including the reasons for the denial and the right to submit a written statement disagreeing with the denial.

Right to an Accounting of Disclosures.

You have the right to request an “accounting” of our disclosures of your personal health information. This is a listing of certain disclosures of your personal health information made by the agency or by others on our behalf, but does not include disclosures for treatment, payment and health care operations or certain other exceptions.

To request an accounting of disclosures, you must submit a request in writing to the Director Client Services, stating a time period beginning after April 13, 2003 that is within six years from the date of your request. An accounting will include, if requested: the disclosure date; the name of the person or entity that received the information and address, if known; a brief description of the information disclosed; a brief statement of the purpose of the disclosure or a copy of the authorization or request; or certain summary information concerning multiple similar disclosures. The first accounting provided within a 12-month period will be free; for further requests, we may charge you our costs.

Right to a Paper Copy of This Notice.

You have the right to obtain a paper copy of this Notice. You may request a copy of this Notice at any time.

Right to Request Confidential Communications.

You have the right to request that we communicate with you concerning personal health matters in a certain manner or at a certain location. For example, you can request that we contact you only at a certain phone number. We will accommodate your reasonable requests.

Ways we may use and disclose your personal health information for treatment, payment, and health care operations

You will be asked to sign an acknowledgment indicating you have received our Notice of Privacy Practices (Notice) detailing how we will use and disclose your personal health information for purposes of treatment, payment and health care operations. We have described these uses and disclosures below and provide examples of the types of uses and disclosures we may make in each of these categories.

For Treatment.

We will use and disclose your personal health information in providing you with treatment and services. We may disclose your personal health information to agency and non-agency personnel who may be involved in your care, such as physicians, nurses, nurse aides, other case management agencies, any company with whom we share health information so they can provide services for us, and physical therapists. For example, a nurse caring for you will report any change in your condition to your physician. We also may disclose personal health information to individuals who will be involved in your care after you leave the agency.

For Payment.

We may use and disclose your personal health information so that we can bill and receive payment for the treatment and services you receive at the agency. For billing and payment purposes, we may disclose your personal health information to your representative, an insurance or managed care company, Medicare, Medicaid or another third party payor. For example, we may contact Medicare or your health plan to confirm your coverage or to request prior approval for a proposed treatment or service.

For Health Care Operations.

We may use and disclose your personal health information for agency operations. These uses and disclosures are necessary to manage the agency and to monitor our quality of care. For example, we may use personal health information to evaluate our agency’s services, including the performance of our staff.

To Obtain Assistance for You.

We may use and disclose your personal health information so that we can send referrals in order to satisfy needs you may have such as utility, rental or any kind of assistance you request or you agree with your case manger to request.

We may use and disclose personal health information about you for other specific purposes such as the following:

Facility Data Base and records.

Unless you object, we will include certain limited information about you in our data base. This information may include your name, your location, and your general condition. Our data base and our records include specific medical information about you. We will not release information in our data base and records without your written authorization unless the release of such information is otherwise permitted by the law.

Individuals Involved in Your Care or Payment for Your Care.

Unless you object, we may disclose your personal health information to a family member or close personal friend, including clergy, who is involved in your care.

Disaster Relief.

We may disclose your personal health information to an organization assisting in a disaster relief effort.

As Required By Law.

We will disclose your personal health information when required by law to do so.

Public Health Activities.

We may disclose your personal health information for public health activities. These activities may include, for example:

reporting to a public health or other government authority for preventing or controlling disease, injury or disability, or reporting child abuse or neglect;
reporting to the Federal Food and Drug Administration (FDA) concerning adverse events or problems with products for tracking products in certain circumstances, to enable product recalls or to comply with other FDA requirements;
to notify a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition;
for certain purposes involving workplace illnesses or injuries.

Reporting Victims of Abuse, Neglect or Domestic Violence.

If we believe that you have been a victim of abuse, neglect or domestic violence, we may use and disclose your personal health information to notify a government authority if required or authorized by law, or if you agree to the report.

Health Oversight Activities.

We may disclose your personal health information to a health oversight agency for oversight activities authorized by law. These may include, for example, audits, investigations, inspections and licensure actions or other legal proceedings. These activities are necessary for government oversight of the health care system, government payment or regulatory programs, and compliance with civil rights laws.

Judicial and Administrative Proceedings.

We may disclose your personal health information in response to a court or administrative order. We also may disclose information in response to a subpoena, discovery request, or other lawful process; however, efforts must be made to contact you about the request or to obtain an order or agreement protecting the information.

Law Enforcement.

We may disclose your personal health information for certain law enforcement purposes, including:

as required by law to comply with reporting requirements;
to comply with a court order, warrant, subpoena, summons, investigative demand or similar legal process;
to identify or locate a suspect, fugitive, material witness, or missing person;
when information is requested about the victim of a crime if the individual agrees or under other limited circumstances;
to report information about a suspicious death;
to provide information about criminal conduct occurring at the agency;
to report information in emergency circumstances about a crime;
where necessary to identify or apprehend an individual in relation to a violent crime or an escape from lawful custody.

Research.

We may allow personal health information of patients from our agency to be used or disclosed for research purposes provided that the researcher adheres to certain privacy protections. Your personal health information may be used for research purposes only if the privacy aspects of the research have been reviewed and approved by a special Privacy Board or Institutional Review Board, if the researcher is collecting information in preparing a research proposal, if the research occurs after your death, or if you authorize the use or disclosure.

Coroners, Medical Examiners, Funeral Directors, Organ Procurement Organizations.

We may release your personal health information to a coroner, medical examiner, funeral director or, if you are an organ donor, to an organization involved in the donation of organs and tissues.

To Avert a Serious Threat to Health or Safety.

We may use and disclose your personal health information when necessary to prevent a serious threat to your health or safety or the health or safety of the public or another person. However, any disclosure would be made only to someone able to help prevent the threat.

Military and Veterans.

If you are a member of the armed forces, we may use and disclose your personal health information as required by military command authorities. We may also use and disclose personal health information about foreign military personnel as required by the appropriate foreign military authority.

Prisoners.

If you are a prisoner of a correctional institution or under custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official.

Worker’s Compensation.

We may use or disclose your personal health information to comply with laws relating to workers’ compensation or similar programs.

National Security and Intelligence Activities; Protective Services for the President and Others.

We may disclose personal health information to authorized federal officials conducting national security and intelligence activities or as needed to provide protection to the President of the United States, certain other persons or foreign heads of states or to conduct certain special investigations.

Appointment Reminders.

We may use or disclose personal health information to remind you about appointments.

Treatment Alternatives.

We may use or disclose personal health information to inform you about treatment alternatives that may be of interest to you.

Health-Related Benefits and Services.

We may use or disclose personal health information to inform you about health-related benefits and services that may be of interest to you.

Complaints

If you believe that your privacy rights have been violated, you may file a complaint in writing with the Director of Client Services of the agency or with the Office of Civil Rights in the U.S. Department of Health and Human Services, Region III, 150 S. Independence Mall W., Suite 372, Public Ledger Building, Philadelphia, PA 19106-9111, (215) 861-4441. Also you can do it with AIDS Delaware Executive Director. We will not retaliate against you or treat you any differently if you file a complaint.

Changes to this Notice

We will promptly revise and distribute this Notice whenever there is a material change to the uses and disclosures, your individual rights, our legal duties, or other privacy practices stated in this Notice. We reserve the right to change this Notice and to make the revised or new Notice provisions effective for all personal health information already received and maintained by the agency as well as for all personal health information we receive in the future. We will post a copy of the current Notice in the agency. In addition, we will provide a copy of the revised Notice to all patients.

For Further Information

If you have any questions about this Notice or would like further information concerning your privacy rights, please contact your case manager.

NBA Notice of Privacy Practices 1/03

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Privacy & Confidentiality at AIDS Delaware