| Notice of Privacy Practices for
Protected Health Information
Effective Date: April 14, 2003
Jones Drug, Inc.
This Pharmacy is covered by the medical information privacy
provisions of the Health Insurance Portability and Accountability
Act of 1996 (generally called “HIPAA”) and its regulations. As a
result, we are required to comply with HIPAA and the Regulations
in the use and disclosure of health information in which our
patients can be individually identified. This information is
referred to a “Protected Health Information” or “PHI” for short.
We are also required under Section 164.520 to give our patients
this notice (in paper or electronically as the patient wishes) of
our legal duties and privacy practices concerning their Protected
Health Information, and also tell our patients about their rights
under HIPAA and the Regulations.
1. Uses and Disclosures of Protected Health Information
There are two categories for the use and disclosure of our
patients’ Protected Health Information: (1) information that we
can use and disclose without the patient’s prior consent: and (2)
information that we cannot use or disclose without the patient’s
prior authorization.
A. Patient’s Prior Consent Not Required
(1). Treatment. In the first category, we are permitted to use and
disclose our patient’s Protected Health Information in connection
with their medical treatment in situations such as allowing a
family member or other relative or close personal friend or other
person involved in the patient’s health care to pick up the
patient’s prescriptions and to receive Protected Health
Information that is directly related to the patient’s care. In
doing so, we are to use our professional judgment and experience
with common practice in determining what is in the patient’s best
interest. Other examples include sending information about a
patient’s prescriptions to the patient’s family doctor or to a
specialist who is treating the patient or to a hospital where the
patient is receiving care, particularly if the patient has
suffered a health emergency.
(2). Payment. If a patient is covered by a pharmacy benefit plan,
we are entitled to send Protected Health Care Information to the
plan or to another business entity involved in our billing system
describing the medication or health care equipment we have
dispensed so that we can get paid.
(3). Health Care Operations. In addition, we can provide Protected
Health Information for health care operations such as evaluations
of the quality of our patients’ health care in order to improve
the success of treatment programs. Other examples include reviews
of health care professional, insurance premium rating, legal and
auditing functions, and business planning and management.
We are permitted to use or disclose your Protected Health
Information for the following purposes. However, Blackwood
Pharmacy Inc. may never have reason to make some of these
disclosures.
(4). Other Permitted Uses and Disclosures. There are another
number of specified purposes for which we may disclose a patient’s
Protected Health Information without the patient’s prior consent (
but with certain restrictions). Examples include public health
activities; situations where there may be abuse, neglect or
domestic violence; in connection with health oversight activities;
in the course of judicial or administrative proceedings; in
response to law enforcement inquiries; in the event of death;
where organ donations are involved; in support of research
studies; where there is a serious threat to health and safety; in
cases of military or veterans’ activities; where national security
is involved; for determinations of medical suitability; for
government programs for public benefit; for workers’ compensation
proceedings; when our records are being audited; when medical
emergencies occur; and when we communicate with our patients
orally or in writing about refilling prescriptions, about generic
drugs that may be appropriate for a patient’s treatment, or about
alternative therapies.
B. PATIENT’S PRIOR AUTHORIZATION REQUIRED
For purposes other than those mentioned above, we are required to
ask for our patients written authorizations before using or
disclosing any of their Protected Health Information. If we
request an authorization, any of our patient’s may decline to
agree, and if a patient gives us an authorization, the patient has
the right to revoke the authorization, and by doing so, stop any
future uses and disclosures of the patient’s health information
that the authorization covered. An example of a situation where
the patient’s prior authorization would be required would be if we
wish to conduct a marketing program that would involve the use of
Protected Health Information.
2. PATIENT’S RIGHTS
HIPAA and the Regulations provide our patients with rights
covering their Protected Health Information. With limited
exceptions ( which are subject to review ) each patient has the
right to the following:
(a). Patient’s Record. Each patient can obtain a copy of his or
her Protected Health Information by completing our request from.
The only charge will be based on our cost to responding to the
request. The amount of charge will vary depending on the format
the patient requests and whether the patient wants the record or
the summary, and whether it is to be delivered by mail or
otherwise. The patient will be told the fee when the patient’s
request is received.
(b). Accounting For Disclosures. By completing our request form,
each patient is entitled to obtain a list of the disclosures of
the patient’s Protected Health Information that have occurred
within a period of 6 years after April 14, 203, except for
disclosures made for the purpose of treatment, payment or health
care operations and certain others. There will be no charge for
the first request in any 12 month period, but we are entitled to
charge a reasonable cost based fee for additional requests made in
the same period of time.
(c). Amendments. Each patient may ask to change the record of his
or her own Protected Health Information by completing our request
form explaining why the change should be made. We will review the
request , but may decline to make the change if in our
professional judgment we conclude that the record should not be
changed.
(d). Communications. By completing our request form, each patient
can ask us to communicate with him or her about their own
Protected Health Information health information in a confidential
manner such as by sending mail to an address other than the home
address or using a particular phone number.
(e). Special Restrictions. By completing our request form, each
patient can ask us to adopt special restrictions that further
limit our use or disclosure of the patient’s Protected Health
Information (except where use and disclosure are required of us by
law or in emergency circumstances). We will consider the request;
but in accordance with HIPAA and the Regulations, we are not
required to agree to the request.
(f). Complaints. If a patient believes that we have violated the
patient’s rights as to the patient’s Protected Health Information
under HIPAA and the Regulations, or if a patient disagrees with a
decision we made about access to the patient’s Protected Health
Information, the patient has the right to complete our complaint
form and deliver it to our Contact Person listed below. Our
contact person is required to investigate, and if possible resolve
each such complaint, and to advise the patient accordingly. The
patient also has the right to send a written complaint to the U.S.
Dept. of Health and Human Services at the addresses shown on the
complaint form. Under no circumstances will any patient be
retaliated against by this pharmacy for filing a complaint.
We are required by law to protect the privacy of our patients’
Protected Health Information, to provide this notice about our
privacy practices, and follow the privacy practices that are
described in this notice. We reserve the right to make changes in
our privacy practices that will apply to all the Protected Health
Information we maintain. A new notice will be available on request
before any significant change is made.
Contact Person: Richard Peristere
Telephone Number: 508-653-1820 |