NOTICE OF PRIVACY PRACTICES FOR PROTECTED HEALTH INFORMATION
EFFECTIVE APRIL, 2003 |
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 the:
Privacy Officer
Torrance Memorial Medical Center
3330 Lomita Boulevard
Torrance, CA 90505
310-325-9110
privacy.officer@tmmc.com
WHO WILL FOLLOW THIS NOTICE:
This notice describes our hospital's practices and that of:
- Any health care professional authorized to enter information into your hospital chart;
- All departments and units of the Torrance Memorial Medical Center;
- Any member of a volunteer group we allow to help you while you are in the hospital;
- All employees, staff and other hospital personnel; and,
All these entities, sites and locations follow the terms of this
notice. In addition, these entities, sites and locations may share
medical information with each other for treatment, payment or hospital
operations purposes described in this notice.
OUR PLEDGE REGARDING MEDICAL INFORMATION:
We understand that medical information about you and your health is
personal. We are committed to protecting medical information about you.
We create a record of the care and services you receive at Torrance
Memorial Medical Center. We need this record to provide you with
quality care and to comply with certain legal requirements. This notice
applies to all of the records of your care generated by the hospital,
whether made by hospital personnel or your personal doctor. Your
personal doctor may have different policies or notices regarding the
doctor's use and disclosure of your medical information created in the
doctor's office or clinic.
This notice will tell you about the ways in which Torrance Memorial
Medical Center may use and disclose medical information about you. We
also describe your rights and certain obligations we have regarding the
use and disclosure of medical information.
We are required by law to:
- make sure that medical information that identifies you is kept private;
- give you this notice of our legal duties and privacy practices with respect to medical information about you; and,
- follow the terms of this notice.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU:
The following categories describe different ways that we use and
disclose medical information. For each category of uses or disclosures
we will explain what we mean and try to give some examples. Not every
use or disclosure in a category will be listed. However, all of the
ways we are permitted to use and disclose information will fall within
one of the categories.
For Treatment.
We may use medical information about you to provide you with medical
treatment or services. We may disclose medical information about you to
doctors, nurses, technicians, students, or other hospital personnel who
are involved in taking care of you at the hospital. For example,
a doctor treating you for a broken leg may need to know if you have
diabetes because diabetes may slow the healing process. In addition,
the doctor may need to tell the dietitian if you have diabetes so that
we can arrange for appropriate meals. Different departments of the
hospital also may share medical information about you in order to
coordinate the different things you need, such as prescriptions, lab
work and x-rays. We also may disclose medical information about you to
people outside the hospital who may be involved in your medical care
after you leave the hospital, such as family members, clergy or others
we use to provide services that are part of your care. This
information is stored in the hospital's computer system and is
accessible via a secured network to authorized health care providers.
For Payment.
We may use and disclose medical information about you so that the
treatment and services you receive at the hospital may be billed to and
payment may be collected from you, an insurance company or a third
party. For example, we may need to give your health
plan information about surgery you received at the hospital so your
health plan will pay us or reimburse you for the surgery. We may also
tell your health plan about a treatment you are going to receive to
obtain prior approval or to determine whether your plan will cover the
treatment.
For Health Care Operations.
We may use and disclose medical information about you for hospital
operations. These uses and disclosures are necessary to run the
hospital and make sure that all of our patients receive quality care. For example,
we may use medical information to review our treatment and services and
to evaluate the performance of our staff in caring for you. We may also
combine medical information about many hospital patients to decide what
additional services the hospital should offer, what services are not
needed, and whether certain new treatments are effective. We may also
disclose information to doctors, nurses, technicians, students, and
other hospital personnel for review and learning purposes. We may also
combine the medical information we have with medical information from
other hospitals to compare how we are doing and see where we can make
improvements in the care and services we offer. We may remove
information that identifies you from this set of medical information so
others may use it to study health care and health care delivery without
learning who the specific patients are.
Appointment Reminders.
We may use and disclose medical information to contact you as a
reminder that you have an appointment for treatment or medical care at
the hospital. If you do not want the Medical Center to contact you, you
must complete a "Request for Special Restriction on the Use or Disclosure of PHI" HIPAA Form #6.
Treatment Alternatives.
We may use and disclose medical information to tell you about or
recommend possible treatment options or alternatives that may be of
interest to you.
Notification of Hospital Programs and Classes.
We may use your medical information to tell you about health improvement related programs or services which are offered only at Torrance Memorial Medical Center and may be of interest to you. If you do not want the Medical Center to contact you, you must complete a "Request for Special Restriction on the Use or Disclosure of PHI" HIPAA Form #6.
Fundraising Activities.
The HealthCare Foundation of the Torrance Memorial Medical Center
was established to raise funds to support the mission of the Medical
Center. The foundation may use demographic information to contact you
about fundraising opportunities and events for Torrance Memorial
Medical Center. If you do not want the Foundation to notify you of
these opportunities, you must complete a "Request for Special Restriction on the Use or Disclosure of PHI" HIPAA Form #6.
Hospital Patient Census.
We may include certain limited information about you in the hospital
census (directory) while you are a patient at the hospital. This
information may include your name, location in the hospital, your
general condition (e.g., fair, stable, etc.) and your religious
affiliation. Unless there is a specific written request from you to the
contrary, this information, except for your religious affiliation, may
also be released to people who ask for you by name. Your religious
affiliation may be given to a member of the clergy, such as a priest or
rabbi, even if they don't ask for you by name. This information is
released so your family, friends and clergy can visit you in the
hospital and generally know how you are doing. If you wish a
restriction on this information, you must complete a "Request for Special Restriction on the Use or Disclosure of PHI" HIPAA Form #6.
Individuals Involved in Your Care or Payment for Your Care.
We may release medical information about you to a friend or family
member who is involved in your medical care. We may also give
information to someone who helps pay for your care. Unless you complete
a "Request for Special Restriction on the Use or Disclosure of PHI" HIPAA Form #6,
we may also tell your family or friends your condition and that you are
in the hospital. In addition, we may disclose medical information about
you to an entity assisting in a disaster relief effort so that your
family can be notified about your condition, status and location.
Research.
Under certain circumstances, we may use and disclose medical information about you for research purposes. For example,
a research project may involve comparing the health and recovery of all
patients who received one medication to those who received another, for
the same condition. All research projects, however, are subject to a
special approval process. This process evaluates a proposed research
project and its use of medical information, trying to balance the
research needs with patients' need for privacy of their medical
information. Before we use or disclose medical information for
research, the project will have been approved through this research
approval process, but we may, however, disclose medical information
about you to people preparing to conduct a research project, for
example, to help them look for patients with specific medical needs, so
long as the medical information they review does not leave the
hospital. We will almost always ask for your specific
permission if the researcher will have access to your name, address or
other information that reveals who you are, or will be involved in your
care at the hospital.
As Required By Law.
We will disclose medical information about you when required to do so by federal, state or local law.
To Avert a Serious Threat to Health or Safety.
We may use and disclose medical information about you when necessary
to prevent a serious threat to your health and safety or the health and
safety of the public or another person. Any disclosure, however, would
only be to someone able to help prevent the threat.
SPECIAL SITUATIONS:
Organ and Tissue Donation.
If you are an organ donor, we may release medical information to
organizations that handle organ procurement or organ, eye or tissue
transplantation or to an organ donation bank, as necessary to
facilitate organ or tissue donation and transplantation.
Community Education.
If you participate in a community education program, seminar or
workshop, we may call you to discuss your appointment or payment
options for the program, discuss you Protected Health Information
during the training program, and mail you information about the
programs we offer. If you do not want any of these to occur, please
fill out the "Request for Special Restriction on the Use or Disclosure of PHI" HIPAA Form #6 and give it to the staff of the Community Education Service.
Outpatient Rehabilitation.
If you are part of a rehabilitation program, we may call you to
discuss your appointment or treatment, we may mail you a notice of
upcoming events, and we may have open discussions in the treatment area
which could include some of your Protected Health Information (PHI). If
you do not want any of these to occur, please fill out the "Request for Special Restriction on the Use or Disclosure of PHI" HIPAA Form #6 and give it to the staff of the rehabilitation service.
Military and Veterans.
If you are a member of the armed forces, we may release medical
information about you as required by military command authorities. We
may also release medical information about foreign military personnel
to the appropriate foreign military authority.
Workers' Compensation.
We may release medical information about you for workers'
compensation or similar programs. These programs provide benefits for
work-related injuries or illness.
Public Health Reporting.
We may disclose medical information about you for public health activities. These activities generally include the following:
- to prevent or control disease, injury or disability;
- to report births and deaths;
- to report the abuse or neglect of children, elders and dependent adults;
- to report reactions to medications or problems with products;
- to notify people of recalls of products they may be using;
- to
notify a person who may have been exposed to a disease or may be at
risk for contracting or spreading a disease or condition; and,
- to
notify the appropriate government authority if we believe a patient has
been the victim of abuse, neglect or domestic violence. We will only
make this disclosure if you agree or when required or authorized by
law.
Health Oversight Activities.
We may disclose medical information to a health oversight agency for activities authorized by law. For example,
these oversight activities may include audits, investigations,
inspections, and licensure. These activities are necessary for the
government to monitor the health care system, government programs, and
compliance with civil rights laws.
Lawsuits and Disputes.
If you are involved in a lawsuit or a dispute, we may disclose
medical information about you in response to a court or administrative
order. We may also disclose medical information about you in response
to a subpoena, discovery request, or other lawful process by someone
else involved in the dispute, but only if efforts have been made to
tell you or your attorney about the request (which may include written
notice to you). You may then obtain a motion to protect your
information.
Law Enforcement.
We may release medical information if asked to do so by a law enforcement official:
- in response to a court order, subpoena, warrant, summons or similar process;
- to identify or locate a suspect, fugitive, material witness, or missing person;
- about the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement;
- about a death we believe may be the result of criminal conduct; about criminal conduct at the hospital; and,
- in
emergency circumstances to report a crime; the location of the crime or
victims; or the identity, description or location of the person who
committed the crime.
Coroners, Medical Examiners and Funeral Directors.
We may release medical information to a coroner or medical examiner.
This may be necessary, for example, to identify a deceased person or
determine the cause of death. We may also release medical information
about patients of the hospital to funeral directors as necessary to
carry out their duties.
National Security and Intelligence Activities.
We may release medical information about you to authorized federal
officials for intelligence, counterintelligence, and other national
security activities authorized by law.
Protective Services for the President and Others.
We may disclose medical information about you to authorized federal
officials so they may provide protection to the President, other
authorized persons or foreign heads of state or conduct special
investigations.
Inmates.
If you are an inmate of a correctional institution or under the
custody of a law enforcement official, we may release medical
information about you to the correctional institution or law
enforcement official. This release would be necessary (1) for the
institution to provide you with health care; (2) to protect your health
and safety or the health and safety of others; or (3) for the safety
and security of the correctional institution.
YOUR RIGHTS REGARDING MEDICAL INFORMATION ABOUT YOU:
You have the following rights regarding medical information we maintain about you:
Right to Inspect and Copy.
You have the right to inspect and copy medical information that may
be used to make decisions about your care. Usually, this includes
medical and billing records, but may not include some mental health
information. To inspect and copy medical information that may be used
to make decisions about you, you must submit your request in writing
utilizing the "Authorization for the Use or Disclosure of PHI" HIPAA Form #17 to the Health Information Management Department.
If you request a copy of the information, we may charge a fee for the
costs of copying, mailing or other supplies associated with your
request. We may deny your request to inspect and copy in certain very
limited circumstances. If you are denied access to medical information,
you may request that the denial be reviewed. Another licensed health
care professional chosen by the hospital 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.
If you feel that medical information we have about you is incorrect
or incomplete, you may ask us to amend the information. You have the
right to request an amendment for as long as the information is kept by
or for the hospital. To request an amendment, your request must be made
in writing utilizing the "REQUEST TO AMEND PHI" HIPAA Form #8 and submit it to the Health Information Management Department. In addition, you must provide a reason that supports your request.
We may deny your request for an amendment if it is not in writing or
does not include a reason to support the request. In addition, we may
deny your request if you ask us to amend information that:
- was not created by us. Exception: if the
person who created the information is unavailable to act on your
request to amend it, we may consider your request if we can verify this
information. For example, the doctor who originally created the
information has died and you have no other way to obtain the amendment;
- is not part of the medical information kept by or for the hospital;
- is not part of the information which you would be permitted to inspect and copy; or
- is accurate and complete.
Right to an Accounting of Disclosures.
You have the right to request an accounting of disclosure by completing the "Request for an Accounting of Disclosures" HIPAA Form #3.
This is a list of the disclosures we made of medical information about
you other than our own uses for treatment, payment and health care
operations, as those functions are described above.
To request this list or accounting of disclosures, you must submit your request in writing to the Health Information Management Department.
Your request must state a time period which may not be longer than six
years and may not include dates before April 14, 2003. The first list
you request within a 12 month period will be free. For additional
lists, we may charge you for the costs of providing the list. We will
notify you of the cost involved and you may choose to withdraw or
modify your request at that time before any costs are incurred.
Right to Request Restrictions.
You have the right to request a restriction or limitation on the
medical information we use or disclose about you for treatment, payment
or health care operations. You also have the right to request a limit
on the medical information we disclose about you to someone who is
involved in your care or the payment for your care, like a family
member or friend. For example, you could ask that we not use or
disclose information about a surgery you had. We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment.
To request restrictions, you must make your request by utilizing the "Request for Special Restriction on the Use or Disclosure of PHI" HIPAA Form #6 and submit it to the Health Information Management Department.
(If you are being admitted, it will be placed in your medical record).
In your request, you must tell us (1) what information you want to
limit; (2) whether you want to limit our use, disclosure or both; and
(3) to whom you want the limits to apply, for example, disclosures to
your spouse.
Right to Request Confidential Communications.
You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example,
you can ask that we only contact you at work or by mail. To request
confidential communications, you must make your request in writing by
completing the "REQUEST FOR RESTRICTION ON THE MANNER OF CONFIDENTIAL COMMUNICATION HIPAA Form #5 and submit it to the Health Information Management Department.
(If you are being admitted, it will be placed in your medical record).
We will not ask you the reason for your request. We will accommodate
all reasonable requests. Your request must specify how or where you
wish to be contacted.
CHANGES TO THIS NOTICE:
We reserve the right to change this notice. We reserve the right to
make the revised or changed notice effective for medical information we
already have about you as well as any information we receive in the
future. We will post a copy of the current notice in the hospital. The
notice will contain on the first page, in the top right-hand corner,
the effective date. In addition, each time you register at or are
admitted to the Torrance Memorial Medical Center for treatment or
health care services as an inpatient or outpatient, we will have a copy
of the current notice in effect available to you.
COMPLAINTS:
If you believe your privacy rights have been violated, you may file
a complaint with the hospital or with the Secretary of the Department
of Health and Human Services. To file a complaint with the hospital,
contact our Privacy Officer, 310-517-4721. All complaints must be submitted in writing and may be emailed to privacy.officer@tmmc.com. You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION:
Other uses and disclosures of medical information not covered by
this notice or the laws that apply to us will be made only with your
written permission. If you provide us permission to use or disclose
medical information about you, you may revoke that permission, in
writing, at any time. If you revoke your permission, we will no longer
use or disclose medical information about you for the reasons covered
by your written authorization. You understand that we are unable to
take back any disclosures we have already made with your permission,
and that we are required to retain our records of the care that we
provided to you.
Right to a Paper Copy of This Notice.
You have the right to a paper copy of this notice. If you received
this notice via email or reviewed it on our website, you are still
entitled to a paper copy of this notice.
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF PRIVACY PRACTICES - Form #2.
After reading this Notice online, please print out the "ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF PRIVACY PRACTICES - Form #2" HIPAA Form #2, sign the document and bring it into the hospital with you at your next visit.
Torrance Memorial Medical Center 3330 Lomita Blvd., Torrance, CA 90505 Tel: 310-325-9110