Exceptional Care & Training Center
Effective Date: 4/1/2021
NOTICE OF PRIVACY PRACTICES: 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.
Policy: Exceptional Care & Training Center takes your privacy very seriously. The privacy of
residents and employees of the centers we manage is one of our greatest concerns. We are
required to keep your personal and medical information confidential. We want you to feel safe
knowing your personal and medical information is protected.
The terms of this Notice of Privacy Practices apply to our company, its professional staff,
employees and volunteers, including members of our medical and clinical staff working here at
our facility and other participants in our Affiliated Covered Entity. Exceptional Care & Training
Center will share protected health information of our residents as necessary to carry out treatment,
payment and health care operations. We will receive information from other doctors and
caregivers about you. Hospitals, doctors, entities, foundations, facilities, and services may share
your health information with each other for reasons of treatment, payment, and health care
operations as discussed below.
Exceptional Care & Training Center is required to maintain the privacy of residents' protected
health information and to provide residents with notice of our legal duties and privacy practices
with respect to your protected health information. We are required to abide by the terms of this
Notice so long as it remains in effect. We reserve the right to change the terms of this Notice of
Privacy Practices as necessary and to make the new Notice effective for all protected health
information maintained by us by posting it in the facility or on our website. You may receive a
copy of any revised Notice by visiting our website at www.ectc1.com.
If you are under 18 years of age, your parents or guardian must sign for you and handle your
privacy rights for you.
Procedure:
I. Uses and Disclosures of Your Protected HealthInformation'
1. Your Authorization: Except as outlined below, we will not use or disclose your
protected health information for any purpose unless you have signed a form authorizing
the use or disclosure. You have the right to revoke that authorization in writing unless
we have taken any action in reliance on the authorization.
2. Uses and Disclosures for Treatment: We will make uses and disclosures of your
protected health information as necessary for your treatment. For instance, doctors,
nurses, medical or nursing students and other professionals involved in your care will
use information in your medical record and information that you provide about your
symptoms and reactions to plan a course of treatment for you that may include
procedures, medications, tests, etc. We may also release your protected health
information to another health care facility or professional who is not affiliated with our
organization to coordinate your health care and related services. For instance, your
pharmacy if your doctor orders a medication or, if after you leave the facility, you are
going to receive home health care, we may release your protected health information to
that home health care agency so that a plan of care can be prepared for you.
3. Psychotherapy Notes: Under many circumstances, without your written authorization
we may not disclose the notes a mental health professional takes during a counseling
session. However, we may disclose such notes for certain treatment and payment
purposes, for state and federal oversight of the mental health professional, for the
purposes of medical examiners and coroners, to avert a serious threat to health or safety,
or as otherwise authorized by law.
4. Uses and Disclosures for Payment: We will make uses and disclosures of your protected
health information as necessary for the payment purposes of those health professionals
and facilities that have treated you or provided services to you. For instance, we may
forward information regarding your medical procedures and treatment to your insurance
company or another third party to arrange payment for the services provided to you or
we may use your information to prepare a bill to send to you or to the person
responsible for your payment. We may also share your protected health information
with your health plan and their agents to obtain prior payment approval or verify
benefits.
5. Uses and Disclosures for Health Care Operations: We will use and disclose your
protected health information as necessary and as permitted by law, for our health care
operations that include clinical improvement, accountable care management and
coordination, professional peer review, business management, accreditation and
licensing, etc. For instance, we may use and disclose your protected health information
for purposes of improving the clinical treatment and care of our patients, evaluating
provider and supplier performance, conducting quality assessment and improvement
activities, and analyzing utilization. We may disclose protected health information to
doctors, nurses, technicians, medical students, volunteers and other persons for review
and learning purposes and for the operation of educational programs. We may also
disclose your protected health information to another health care facility, health care
professional, or health plan for such things as quality assurance and case management,
but only if that facility, professional, or plan also has or had a patient relationship with
you or participates with us in an organized health care arrangement. The health care
operations for which we can use or disclose your protected health information may vary
depending on where you live, according to state law.
6. Resident Directory/Family and Friends Involved in Your Care: Unless you object, we
may include limited information about you in a facility directory to members of the
clergy or people who ask for you by name. We also may disclose your protected health
information to designated family, friends, and others who are involved in your care or
in payment of your care in order to facilitate that person's disclose the protected health
information of minor children to their parents or guardians unless such disclosure is
prohibited by law. If you are unavailable, incapacitated, or facing an emergency
medical situation and we determine that a disclosure may be in your best interest, we
may share limited protected health information with such individuals without your
approval. We may also disclose limited protected health information to a public or
private entity that is authorized to assist in disaster relief efforts in order for that entity
to notify a family member or other persons that may be involved in some aspect of
caring for you of your location, general condition, ordeath.
7. Business Associates: Certain aspects and components of our services are performed
through contracts with outside persons or organization such as answering services,
transcriptionists, billing services, auditing, accreditation, legal services, etc. At times it
may be necessary for us to provide some of your protected health information to one or
more of these outside persons or organizations who assist us with our health care
operations. In all cases, we require these business associates to agree in writing that
they will appropriately safeguard the privacy of your information.
8. Fundraising: We may contact you to donate to a fundraising effort for or on our behalf.
You have the right to "opt-out" of receiving fundraising materials or communications
and may do so by sending your name and address to the Privacy Officer together with a
statement that you do not wish to receive fundraising materials or communications from
us.
9. Appointments and Services: We may contact you to provide appointment reminders or
information about treatment alternatives or other health-related benefits and services
that may be of interest to you. You have the right to request and we will accommodate
your reasonable requests to receive communications regarding your protected health
information from us by alternative means or at alternative locations. For instance, if you
wish appointment reminders not to be left on voice mail or sent to a particular address,
we will accommodate reasonable requests. You may request such confidential
communication in writing and may send your request to the Privacy Officer.
10. Marketing: In most circumstances, we need your written authorization before we use or
disclose your health information for marketing purposes, including communications we
make if a third party whose product or service is being described pays us for making the
communication. However, we may provide you with promotional gifts of nominal value
or communicate with you face-to-face. Unless federal law either permits or requires
disclosure, we will not sell protected health information to third parties without
disclosing that to you and obtaining your written authorization.
11. Health Products and Services: We may from time to time use your protected health
information to communicate with you about health products and services necessary for
your treatment, to advise you of new products and services that may be of interest to
you, and to provide general health and wellness information.
12. Sale of Protected Health Information: We will not sell your protected health
information without first obtaining your authorization.
13. Research: In limited circumstance, we may use and disclose your protected health
information for research purposes. For example, we may disclose your protected health
information to a researcher comparing outcomes of all patients that received a particular
drug if the research has been approved through a special process designed to protect
your health information privacy.
14. Other Uses and Disclosures: We are permitted or required by law to make certain other
uses and disclosures of your protected health information does not occur without your
authorization. In some cases, state law limits our uses and disclosures of your protected
health information more strictly than HIPAA, and we will abide by those limitations.
Some incidental disclosures may occur during an otherwise permitted use and
disclosure of your health information. We may release your protected health
information:
a. For any purpose required by law
b. For public health activities consistent with applicable law, such as required reporting
of disease, injury, and birth and death, and for required public health investigations
c. For organ and tissue donation
d. As required by law if we suspect child abuse or neglect; we may also release your
protected health information as required by law if we believe you to be a victim of
abuse, neglect, or domestic violence
e. To schools if you are a student or prospective student and the disclosure is limited to
proof of immunization and we have your agreement (adults) or that of your parent,
guardian or other person acting on your behalf
f. To the Food and Drug Administration if necessary to report adverse events, product
defects, or to participate in product recalls
g. To your employer when we have provided health care to you at the request of your
employer; in most cases you will receive notice that information is disclosed to your
employer
h. If authorized by law to a health oversight agency conducting audits, investigations,
or civil or criminal proceedings
i. If required to do so by a court or administrative ordered subpoena or discovery
request; in most cases you will have notice of such release or an order to protect the
information has been filed
j. Consistent with applicable law, to law enforcement officials for law enforcement
purposes such as to report wounds and injuries and crimes occurring on the premises
k. To coroners and/or funeral directors consistent with law
l. If you are an inmate in a correctional institution and the correctional institution or
law enforcement official makes certain representations tous
m. If you are or were a member of the military as required by armed forces services; we
may also release your protected health information if necessary for national security
or intelligence activities authorized by law
n. To the extent authorized and necessary to comply with laws relating to workers'
compensation
o. To the extent necessary to prevent a serious and imminent threat to your health and
safety or the health and safety of the public or another
p. To US Health and Human Services for compliance reviews and complaint
investigations
15. De-identified Information: We may use your health information to create "deidentified" information or we may disclose your information to a business associate so
that the business associate can create de-identified information on our behalf. When we
"de-identify" health information, we remove information identifying you as the source
of the information and disclose "de-identified" information when there is no reasonable
basis to believe that the information could be used to identify you.
16. Limited Data Set: We may use and disclose a limited data set that does not contain
specific readily identifiable information about you for research, public health, and
health care operations. We may not disseminate the limited data set unless we enter into
a data use agreement with the recipient in which the recipient agrees to limit the use of
that data set to the purposes for which it was provided, ensure the security of the data,
and not re-identify the information or use it to contact any individual.
II. Rights That You Have
1. Access to Your Protected Health Information: You have the right to receive a copy
and/or inspect much of the protected health information that we retain on your behalf.
All requests for access must be made in writing and signed by you or your
representative. We will charge you a reasonable fee if you request a copy of the
information. We may also charge for postage if you request a mailed copy. If we
electronically maintain protected health information that we use to make decisions
about you, then you have the right to receive an electronic copy of that information and
to request that we provide an electronic copy of that information to an entity or person
of your choosing. We may charge you a fee equal to or less than our labor and supply
costs in response to your request for an electronic copy. In limited circumstances, we
may deny your request for a copy of your protected health information if we provide
the reason for the denial and a right to request a review of the denial. Patients or their
legal representatives may request access to their protected health information by
completing the Authorization for Release of Information Form. Please ask the business
office or your supervisor for this Form.
2. Amendments to Your Protected Health Information: You have the right to request in
writing that protected health information that we maintain about you be amended or
corrected. We are not obligated to make all requested amendments but will give each
request careful consideration. All amendment requests, in order to be considered by us,
must be in writing, signed by you or your representative, and must state the reasons for
the amendment/correction request. If we make an amendment or correction that you
request, we may also notify others who work with us and have copies of the
uncorrected record if we believe that such notification is necessary. Amendment
request forms may be obtained from the Medical Records Department.
3. Accounting for Disclosures of Your Protected Health Information: You have the right
to receive an accounting of certain disclosures other than for treatment, payment or
operations made by us of your protected health information within the past six (6)
years. You may also have the right to receive a detailed listing of disclosures for
treatment, payment and operations where the law requires. Requests must be made in
writing and signed by you or your representative. Accounting request forms are
available from the Medical Records Department. The first accounting in any 12- month
period is free; you will be charged a reasonable fee for each subsequent accounting you
request within the same 12-month period.
4. Restrictions on Use and Disclosure of Your Protected Health Information: You have
the right to request restrictions on certain uses and disclosures of your protected health
information for treatment, payment, or health care operations by contacting the Privacy
Officer. We are not required to agree to your restriction request but will attempt to
accommodate reasonable requests when appropriate. However, if you paid out-ofpocket in full for a specific item or service, you may request we not disclose that item
or service to a health plan for payment or health care operations and we will honor that
request unless the disclosure is required by law. Otherwise, we retain the right to
terminate an agreed-to restriction if we believe such termination is appropriate. In the
event of a termination by us, we will notify you of such termination. You also have the
right to terminate, in writing or orally, any agreed-to restriction by sending such
termination notice to our Privacy Officer. Any agreed-to restriction will not limit
resident directory disclosures unless you exclude yourself from the resident directory.
5. Right to Receive Notice of a Breach: We are required to notify you by first class mail or
by email (if you have indicated a preference to receive information by email), of any
breaches of Unsecured Protected Health Information as soon as possible, but in any
event, no later than 60 days following the discovery of the breach (or a shorter time
period if required by state law). "Unsecured Protected Health Information" is
information that is not secured through the use of a technology or
methodology identified by the Secretary of the U.S. Department of Health and
Human Services ("Secretary") to render the Protected Health Information unusable,
unreadable, and undecipherable to unauthorized users. The notice is required to
include the following information:
a. A brief description of the breach, including the date of the breach and the date
of its discovery, if known
b. A description of the type of Unsecured Protected Health Information involved in
the breach
c. Steps you should take to protect yourself from potential harm resulting from the
breach
d. A brief description of actions we are taking to investigate the breach, mitigate
losses, and protect against further breaches
e. Contact information, including a toll-free telephone number, email address,
website or postal address to permit you to ask questions or obtain additional
information
f. In the event the breach involves 10 or more patients whose contact information
is out of date, we will post a notice of the breach on the home page of our
website or in a major print or broadcast media. If the breach involves more than
500 residents in the state or jurisdiction, we will send notices to prominent
media outlets. If the breach involves more than 500 residents, we are required to
immediately notify the Secretary. We also are required to submit an annual
report to the Secretary of a breach that involved less than 500 residents during
the year and will maintain a written log of breaches involving less than 500
residents
6. Complaints: If you believe your privacy rights have been violated, you can file a
complaint with the Privacy Officer. You may also file a complaint with the
Secretary of the U.S. Department of Health and Human Services in Washington,
D.C. in writing within 180 days of perceived violation of your rights. There will be
no retaliation for filing a complaint.
For Further Information: If you have questions or need further assistance regarding this
Notice, you may contact the Privacy Officer at 615-647-9004 ext. 703.
As a resident you retain the right to obtain a paper copy of this Notice of Privacy
Practices, even if you have requested such copy by e-mail or other electronic means.
Related Documents: None