Attention Customers: Your privacy and the protection of your personal
health information has always been a top priority at the SouthWest Kansas
Area Agency on Aging. We are providing you with this document because we are
required to send you a written notice of Privacy Practices prior to the April
14, 2003 effective date of the Health Insurance Portability and
Accountability Act of 1996 ("HIPAA"). We follow the privacy
practices that are described in this notice. If SWKAAA materially changes any
of these practices, we will provide you with a new Notice, and the new Notice
will be posted on SWKAAA's web site at www.swkaaa.org.
Notice of Privacy Practices
This notice describes how protected health information about you may be
used and disclosed and how you can get access to this information. Please
review it carefully.
Protected Health Information is individually identifiable information
about you. All of the following are examples of Protected Health Information:
Demographic information like your name, address and social security number;
medical information that relates to your past, present or future physical or
mental health that is collected/created/received from you, a health care
provider, a health plan, employer or a health care clearinghouse; the
providing of health care; or the past, present or future payment for
providing health care to you.
Our Legal Duty
We are required by applicable federal and state laws to maintain the
privacy of your Protected Health Information. We are also required to give
you this notice about our privacy practices, our legal duties, and your
rights concerning your Protected Health Information. We must follow the
privacy practices that are described in this notice while it is in effect.
This notice takes effect on April 14, 2003 or the date coverage became
effective for you, whichever is later, and will remain in effect until we
replace it.
We reserve the right to change our privacy practices and the terms of this
notice at any time, provided such changes are permitted by applicable law. We
reserve the right to make the changes in our privacy practices and the new
terms of our notice effective for all Protected Health Information that we
maintain, including Protected Health Information we created or received
before we made the changes. Before we make a significant change in our
privacy practices, we will change this notice and send the new notice to our
customers at the time of the change.
You may request a copy of our notice at any time. For more information
about our privacy practices, or for additional copies of this notice, please
contact us using the information listed at the end of this notice.
Uses and Disclosures of Your Protected Health Information
We use and disclose Protected Health Information about you for treatment,
payment and health care operations: For example:
Treatment: We may use or disclose your Protected Health Information to a
Doctor, a Hospital, or other health care provider on request when necessary
to assist in your treatment. For example, we might disclose your Protected
Health Information to assist in case management.
Payment: We may use and disclose your protected Health Information to pay
claims from Home Health Agencies, Hospitals and other providers for services
delivered to you that are covered by your Plan of Care. For example, we might
disclose your Protected Health Information to determine your eligibility for
services or coordinate services. We may disclose your Protected Health
Information to a health care provider or entity subject to the federal
Privacy Rules so they can obtain payment or engage in these payment
activities.
Health Care Operations: We may use and disclose your Protected Health
Information in connection with our health care operations. Health care
operations include: · quality assessment and improvement activities; ·
medical review, legal services, and auditing, including fraud and abuse
detection and compliance by SWKAAA or other regulatory agencies; · we may use
and disclose health information to tell you about or recommend possible
service options or alternatives that may be of interest to you; · we may use
and disclose health information to tell you about health-related benefits or
services that may be of interest to you; and · business management and
general administrative activities, including management activities relating
to privacy, customer service, resolution of internal grievances, and creating
de-identified Protected Health Information or a limited data set.
We may disclose your Protected Health Information to another entity, which
has a relationship with you and is subject to the federal Privacy Rules, for
their health care operations relating to quality assessment and improvement
activities, reviewing the competence or qualifications of health care
professionals, or detecting or preventing health care fraud and abuse.
Kansas Law: Kansas Law provides additional
confidentiality protection in some circumstances. For example under K.S.A.
45-221 a public agency generally may not be required to disclose psychiatric,
alcoholism or drug dependency treatment records which pertain to identifiable
information with your specific authorization for release. For more
information on Kansas's
law related to these and other specially protected records, please refer to
Kansas Statutes on-line at http://www.accesskansas.org/legislative/statutes/index.cgi
or contact SWKAAA's Privacy Officer.
On Your Authorization: You may give us written authorization to use your
Protected Health Information or to disclose it to anyone for any purpose. If
you give us an authorization, you may revoke it in writing at any time. Your
revocation will not affect any use or disclosures permitted by your
authorization while it was in effect. Unless you give us a written
authorization, we cannot use or disclose your Protected Health Information
for any reason except those described in this notice.
To Your Family and Friends: We may disclose your Protected Health
Information to a family member, friend, or other person to the extent
necessary to help with your health care or with payment for your health care.
We may use or disclose your name, location and general condition or death to
notify, or assist in the notification, of (including identifying or
locating), a person involved in your care.
Disaster Relief: We may use or disclose your Protected Health Information
to a public or private entity authorized by law or by its charter to assist
in disaster relief efforts.
Public Benefit: We may use or disclose your Protected Health Information
as authorized by law for the following purposes deemed to be in the public
interest or benefit: · as required by law; · for public health activities,
including disease and vital static reporting, child abuse reporting, FDA
oversight, and to employers regarding work-related illness or injury; · to
report adult abuse, neglect, or domestic violence; · to health oversight
agencies; · in response to court and administrative orders and other lawful
processes; · to law enforcement officials pursuant to subpoenas and other
lawful processes, concerning crime victims, suspicious deaths, crimes on our
premises, reporting crimes in emergencies, and for purposes of identifying or
locating a suspect or other person; · to coroners, medical examiners, and
funeral directors; · to organ procurement organizations; · to avert a serious
threat to health or safety; · in connection with certain research activities;
· to the military and to federal officials for lawful intelligence,
counterintelligence, and national security activities; · to correctional
institutions regarding inmates and · as authorized by state worker's
compensation laws.
Individual Rights
Access: You have the right to look at or get copies of your Protected
Health Information, with limited exceptions.
You may request that we provide copies in a format other than photocopies.
We will use the format you request unless we cannot practicably do so. You
must make a request in writing to obtain access to your Protected Health
Information when you make the request as an exercise of your HIPAA Privacy
rights. You may obtain a form to request access by using the contact
information listed at the end of this notice. If you request copies, we will
charge you a fee for the costs of copying, other supplies, postage if you
want the copies mailed to you and staff time associated with your request. If
you request an alternative format, we will charge a cost-based fee for
providing your Protected Health Information in that format.
Disclosure Accounting: You have the right to receive a list of instances
in which we disclosed your Protected Health Information for purposes other
than for treatment, payment, health care operations, as authorized by you,
and for certain other activities since April 14, 2003 or the date coverage
became effective for you, whichever is later. For example, we would account
for your Protected Health Information or demographic information we disclose
during an audit by the Kansas Department on Aging or pursuant to a court
order. You must make your request in writing. We will provide you with the
date on which we made a disclosure, the name of the person or entity to whom
we disclosed your Protected Health Information, a description of the
Protected Health Information we disclosed, the reason for the disclosure, and
certain other information. If you request this accounting more than once in a
12-month period, we may charge you a reasonable, cost-based fee for
responding to these additional requests. Contact us using the information
listed at the end of this notice for a full explanation of our fee structure
and how to make your request.
Restriction: You have the right to request that we place additional
restrictions on our use or disclosure of your Protected Health Information.
You must make a request in writing if you wish to request additional
restrictions. You may obtain a form to request additional restrictions by
using the contact information listed at the end of this notice. We are not
required to agree to these additional restrictions, but if we do, we will
abide by our agreement (except in an emergency). Both your request and any
agreement to additional restrictions must be in writing signed by the person
making the request and (for our agreement) by a person authorized to make
such an agreement on our behalf. We will not be bound unless our agreement is
so stated in writing.
Confidential Communications: You have the right to request that we
communicate with you about your Protected Health Information by alternative
means or to an alternative location. You must make your request in writing,
and you must state that the information could endanger you if it is not
communicated in confidence as you request. We must accommodate your request
if it is reasonable.
Amendment: You have the right to request that we amend your Protected
Health Information. Your request must be in writing, and it must explain why
the information should be amended. If you need information about making a
request or amendment, contact us using the contact information listed at the
end of this notice. We may deny your request if we did not create the
information you want amended and the originator remains available or for
certain other reasons. If we deny your request, we will provide you a written
explanation. You may respond with a statement of disagreement to be appended
to the information you wanted amended. If we accept your request to amend the
information, we will make reasonable efforts to inform others, including
people you name, of the amendment and to include the changes in any future
disclosures of that information.
Electronic Notice: If you receive this notice on our web site or by
electronic mail (e-mail), you are entitled to receive this notice in written
form. Please contact us using the information listed at the end of this
notice to obtain this notice in written form.
Questions and Complaints
If you want more information about our privacy practices or have questions
or concerns, please contact us using the information listed below.
If you are concerned that we may have violated your privacy rights, or you
disagree with a decision we made about access to your Protected Health
Information or in response to a request you made to amend or restrict the use
or disclosure of your Protected Health Information or to have us communicate
with you by alternative means or at an alternative location, you may complain
to us using the contact information listed below. You also may submit a
written complaint to the U.S. Department of Health and Human Services. We
will provide you with the address to file your complaint with the U.S.
Department of Health and Human Services upon request.
We support your right to the privacy of your Protected Health Information.
We will not retaliate in any way if you choose to file a complaint with us or
with the U.S. Department of Health and Human Services.
Contact: Privacy Officer, P O
Box 1636, Dodge City KS 67801,
Phone: 620-225-8230, Fax: 620-225-8240.