Effective: September 16, 2014
STATEMENT OF PATIENT PRIVACY RIGHTS
As a home health patient, you have the privacy rights listed below:
You have the right to know why we need to ask you questions.
We are required by law to collect health information to make sure:
1. You get quality health care and
2. Payment from Medicare and Medicaid patients is correct.
You have the right to have your personal health care information kept confidential.
You may be asked to tell us information about yourself so that we will know which home health services will be best for you. We keep anything we learn about you, confidential. This means, that only those who are legally authorized to know or who may have a medical need to know will see your personal health information.
You have the right to refuse to answer any question.
We may need your help in collecting your health information. If you choose not to answer, we will fill in the information as best we can. You do not have to answer every question to get services.
You have the right to look at your personal health information.
We know how important it is that the information we collect about you is correct. If you think we made a mistake, ask us to correct it.
If you are not satisfied with our response, you can ask the Centers for Medicare & Medicaid Services, the federal Medicare and Medicaid agency, to correct your information.
You can ask the Centers for Medicare and Medicaid Services to see, review, copy or correct your personal health information, which that Federal agency maintains in its HHA OASIS System of Records.
Contact Information: Call 1-800-MEDICAR (633-4227), toll free, for assistance in contacting the HHA OASIS System Manager. TTY for the hearing and speech impaired: 1-877-486-2048
NOTICE ABOUT PRIVACY
For Patients Who Do Not Have Medicare or Medicaid Coverage
As a home health patient, you need to know about a few things regarding our collection of your personal health care information.
- Federal and state governments oversee home health care to be sure that we furnish quality home health care services, and that you, in particular, get quality home health services.
- We need to ask you questions because we are required by law to collect health information to make sure you get quality health care services.
- We will make your information anonymous. This way, the Centers for Medicare and Medicaid Services, the federal agency that oversees this home health agency, cannot know that the information is about you.
- We keep anything we learn about you confidential.
Privacy Act Statement – Health Care Records
This statement gives you advice require by law (the Privacy Act of 1974). This statement is not a consent form. It will not be used to release or to use your health care information. Authority for collection for your information, including your social security number, and whether or not you are required to provide information for this assessment/ Sections 1102 (a), 1154, 1861(o), 1861(z)1863, 1864, 1865, 1866, 1871, 1891(b) of the Social Security Act.
Medicare and Medicaid participating home health agencies must perform a complete assessment that accurately reflects your current health and includes information that can be used to show your progress toward your health goals. The home health agency must use the “Outcome and Assessment Information Set” (OASIS) when evaluating your health. To do this, the agency must get information from every patient. This information is used by the Centers for Medicare and Medicaid Services (CMS, the federal Medicare and Medicaid system) to be sure that the home health agency meets quality standards and gives the assessment to the home health agency. If your information is included in an assessment, it is protected under the federal Privacy Act of 1974 and the “Home Health Agency Outcome and Assessment Information Set” (HHA OASIS) System of Records. You have the right to see, copy, review, and request correction of your information in the HHA OASIS System of Records.
Principal purposes for which your information is intended to be used:
The information collected will be entered into the HHA OASIS System. Your health care information in the HHA OASIS System of Records will be used for the following purposes: Support litigation involving the Centers for Medicare and Medicaid Services; support regulatory, reimbursement and policy functions performed within the Centers for Medicare and Medicaid Services or by a contractor or consultant; study the effectiveness and quality of care provided by those home health agencies; survey and certification of Medicare and Medicaid home health agencies; provide for development, validation, and refinement of a Medicare prospective payment system; enable regulators to provide home health agencies epidemiological projects related to the prevention of disease or disability, or the restoration or maintenance of health, and for health care payment related projects; and support constituent requests made to a Congressional representative.
These “routine uses” specify the circumstances when the Centers for Medicare and Medicaid Services may release your information from the HHA OASIS System of Records without your consent. Each prospective recipient must agree in writing to ensure the continuing confidentiality and security of your information. Disclosures of the information may be to:
a. The federal Department of Justice for litigation involving the Centers for Medicare and Medicaid Services.
b. Contractors of consultants working for the Centers for Medicare and Medicaid Services to assist in the performance of a service related to this system of records and who need to access their records to perform the activity.
c. An agency of a State government for the purposes of determining, evaluating, and/or assessing cost, effectiveness, and/or quality of health care services provided in the State for developing and operating Medicaid reimbursement systems; or for the administration of Federal/State home health agency programs within the State.
d. Another Federal or State agency, to contribute to the accuracy of the Centers of Medicare and Medicaid Services Health insurance operations (payment, treatment, and coverage) and/or support State agencies in the evaluations and monitoring of care provided by HHAs.
e. Quality Improvement Organizations to perform Title XI or Title XVII functions relating to assessing and improving home health agency quality of care.
f. An individual or organization for a research, evaluation, or epidemiological project related to the prevention of disease or disability, the restoration or maintenance of health, or payment of related projects.
g. A congressional office in response to a constituent inquiry made at the written request of the constituent about whom the record is maintained.
Effect on You, if You Do Not Provide Information
The home health agency needs the information contained in the OASIS in order to give you quality care. It is important that the information be correct. Incorrect information could result in payment errors. Incorrect information also could make it hard to be sure that the agency is providing you with quality services. If you choose not to provide information, there is no federal requirement for the health agency to refuse services to you.
NOTE: This statement is included in the admission packet for all new home health agency admissions. Home health agencies may request you or your representative to sign this statement to document that this statement was given to you. Your signature is NOT required. If you or your representative signs the statement, the signature merely indicates that you received this statement. You or your representative must be supplied with a copy of this statement.