Privacy & Compliance Policy
Please review this notice carefully. This notice describes how your medical information may be disclosed, used and how you may access.
Kingsway Recovery, LLC will be referred to in this Notice of Privacy Practices (“Notice”) as “KWR”. This Notice is given to you by KWR to describe the ways in which KWR may use and disclose your medical information (called “protected health information” or “PHI”) and to notify you of your rights with respect to PHI in the possession of KWR. KWR protects the privacy of PHI, which also is protected from disclosure by state and federal law. In certain circumstances, pursuant to this Notice, patient and/or client authorization or applicable laws and regulations, PHI can be used by KWR or disclosed to other parties. Below are categories describing these uses and disclosures, along with some examples to help you better understand each category.
USES AND DISCLOSURES FOR TREATMENT, PAYMENT AND HEALTH CARE OPERATIONS
KWR may use or disclose your PHI for the purposes of treatment payment and health care operations, described in more detail below, without obtaining written authorization from you.
KWR may use and disclose PHI in the course of providing, coordinating, or managing your medical treatment, including the disclosure of PHI for treatment activities at another healthcare facility. These types of uses and disclosures may take place between physicians, nurses, technicians, students, and other health care professionals who provide you health care services or are otherwise involved in your care. For example, if you are being treated by a primary care physician, that physician may need to use/disclose PHI to a specialist physician whom he or she consults regarding your condition, or to a nurse who is assisting in your care.
KWR may use and disclose PHI in order to collect payment for the health care services provided to you. For example, KWR may need to give PHI to your health plan in order to be reimbursed for the services provided to you. KWR may also disclose PHI to their business associates, such as billing companies, claims processing companies, and others that assist in processing health claims. KWR may also disclose PHI to other health care providers and health plans for the payment activities of such providers or health plans.
FOR HEALTH CARE OPERATIONS:
KWR may use and disclose PHI as part of their operations, including for quality assessment and improvement, such as evaluating the treatment and services you receive and the performance of our staff in caring for you. Other activities include hospital training, underwriting activities, compliance and risk management activities, planning and development, and management and administration. KWR may disclose PHI to doctors, nurses, technicians, students, attorneys, consultants, accountants, and others for review and learning purposes. These disclosures help make sure that KWR is complying with all applicable laws, and are continuing to provide health care to patients at a high level of quality. KWR may also disclose PHI to other health care facilities plans for certain of their operations, including their quality assessment and improvement activities, credentialing and peer review activities, and health care fraud and abuse detection or compliance, provided that those other facilities and plans have, or have had in the past, a relationship with the patient who is the subject of the information.
FOR SHARING PHI AMONG IDC AND PROFESSIONAL STAFF:
KWR works together with physicians and other care providers on their professional staff to provide medical services to you when you are a patient/client at KWR. KWR and members of their respective professional staff will share PHI with each other as needed to perform their treatment, payment and health care operations activities.
OTHER USES AND DISCLOSURES FOR WHICH AUTHORIZATION IS NOT REQUIRED:
In addition to using or disclosing PHI for treatment, payment and health care operations, KWR may use and disclose PHI without your written authorization under the following circumstances:
AS REQUIRED BY LAW AND LAW ENFORCEMENT:
KWR may use or disclose PHI when required by law, KWR also may disclose PHI when ordered to in a judicial or administrative proceeding, in response to subpoenas or discovery requests, to identify or locate a suspect, fugitive, material witness, or missing person, when dealing with gunshot and other wounds, about criminal conduct, to report a crime, its location or victims, or the identify, description or location of a person who committed a crime, or for other law enforcement purposes.
FOR PUBLIC HEALTH ACTIVITIES AND PUBLIC HEALTH RISKS:
KWR may disclose PHI to government officials in charge of collecting information about births and deaths, preventing and controlling disease, reports of child abuse or neglect and of other victims of abuse, neglect, or domestic violence, reactions to medications or product defects or problems, or to notify a person who may have been exposed to a communicable disease or may be at risk of contracting or spreading a disease or condition.
FOR HEALTH OVERSIGHT ACTIVITIES:
KWR may disclose PHI to the government for oversight activities authorized by law, such as audits, investigations, inspections, licensure or disciplinary actions, and other proceedings, actions or activities necessary for monitoring the health care system, government programs, and compliance with civil rights laws.
CORONERS, MEDICAL EXAMINERS, AND FUNERAL DIRECTORS:
KWR may disclose PHI to coroners, medical examiners, and funeral directors for the purpose of identifying a decedent, determining a cause of death, or otherwise as necessary to enable these parties to carry out their duties consistent with applicable law.
ORGAN, EYE, AND TISSUE DONATION:
KWR may release PHI to organ procurement organizations to facilitate organ, eye, and tissue donation and transplantation.
Under certain circumstances, KWR may use and disclose PHI for medical research purposes.
TO AVOID A SERIOUS THREAT TO HEALTH OR SAFETY:
KWR may use and disclose PHI to law enforcement personnel or other appropriate persons, to prevent or lessen a serious threat to the health or safety of a person or the public.
LAWSUITS AND DISPUTES:
If you are involved in a lawsuit or a dispute, KWR may disclose health information about you in response to a court or administrative order.
SPECIALIZED GOVERNMENT FUNCTIONS:
KWR may use and disclose PHI of military personnel and veterans under certain circumstances, and may also disclose PHI to authorized federal officials for intelligence, counterintelligence, and other national security activities, and for the provision of protective services to the President or other authorized persons or foreign heads of state or to conduct special investigations.
KWR may disclose PHI to comply with workers’ compensation or other similar laws that provide benefits for work-related injuries or illnesses.
HEALTH-RELATED BENEFITS AND SERVICES; LIMITED MARKETING ACTIVITIES:
KWR may use and disclose PHI to inform you of treatment alternatives or other health-related benefits and services that may be of interest to you, such as disease management programs.
KWR 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.
DISCLOSURES TO YOU OR FOR HIPAA COMPLIANCE INVESTIGATIONS:
KWR may disclose your PHI to you or to your personal representative, and are required to do so in certain circumstances described below in connection with your rights of access to your PHI and to an accounting of certain disclosures of your PHI. KWR must disclose your PHI to the Secretary of the U.S. Department of Health and Human Services (the “Secretary”)when requested by the Secretary in order to investigate compliance with privacy regulations issued under the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
USES AND DISCLOSURES TO WHICH YOU MAY OBJECT:
You may object to the following uses and disclosures of PHI that KWR may make.
Your information may be included in a patient directory that is available only to those individuals whom you have identified as contacts during your hospital stay. You will receive a unique patient code that can be provided to these contacts.
OTHER USES AND DISCLOSURES OF PHI FOR WHICH AUTHORIZATION IS REQUIRED:
Other types of uses and disclosures of your PHI not described above will be made only with your written authorization, which you have the limited right to revoke in writing.
KWR is required by law to maintain the privacy of your PHI, to provide individuals with notice of their legal duties and privacy practices with respect to PHI, and to abide by the terms described in this Notice. KWR reserves the right to change the terms of this Notice and of its privacy policies, and to make the new terms applicable to all of the PHI it maintains. Before KWR makes an important change to its privacy policies, they will promptly revise this Notice and post a new Notice in registration and admitting areas. You have the following rights regarding your PHI:
YOU MAY REQUEST THE KWR RESTRICT THE USE AND DISCLOSURE OF YOUR PHI.
KWR is not required to agree to any restrictions you request, but if the entity does so it will be bound by the restrictions to which it agrees except in emergency situations.
YOU HAVE THE RIGHT TO REQUEST THAT COMMUNICATIONS OF PHI TO YOU FROM KWR BE MADE BY PARTICULAR MEANS OR AT PARTICULAR LOCATIONS.
For instance, you might request that communications be made at your work address, or by e-mail rather than regular mail. Your requests must be in writing and sent to the Privacy Officer. KWR will accommodate your reasonable requests without requiring you to provide a reason.
GENERALLY, YOU HAVE THE RIGHT TO INSPECT AND COPY YOUR PHI IN THE POSSESSION OF KWR IF YOU MAKE A REQUEST IN WRITING TO THE APPLICABLE KWR MEDICAL RECORDS DEPARTMENT.
Within thirty (30) days of receiving your request (unless extended by an additional thirty (30) days), KWR will inform you of the extent to which your request has or has not been granted. In some cases, KWR may provide you a summary of the PHI you request if you agree in advance to such a summary and any associated fees. If you request copies of your PHI or agree to a summary of your PHI, KWR may impose a reasonable fee to cover copying, postage, and related costs. If KWR denies access to your PHI, it will explain the basis for denial and your opportunity to have the denial reviewed by a licensed health care professional (not involved in the initial denial decision) designated as a reviewing official. If KWR does not maintain the PHI you request, if it knows where that PHI is located it will tell you how to redirect your request.
IF YOU BELIEVE THAT YOUR PHI MAINTAINED BY KWR CONTAINS AN ERROR OR NEEDS TO BE UPDATED, YOU HAVE THE RIGHT TO REQUEST THAT THE ENTITY CORRECT OR SUPPLEMENT YOUR PHI.
Your request must be made in writing to the local Medical Records Department and it must explain why you are requesting an amendment to your PHI. Within sixty (60) days of receiving your request (unless extended by an additional thirty (30) days), KWR will inform you of the extent to which your request has or has not been granted. KWR generally can deny your request if your request relates to PHI: (i) not created by KWR; (ii) that is not part of the records KWR maintains; (iii) that is not subject to being inspected by you; or (iv) that is accurate and complete. If your request is denied, KWR will give you a written denial that explains the reason for the denial and your rights to: (i) file a statement disagreeing with the denial; (ii) submit a request that any future disclosures of the relevant PHI be made with a copy of your request and KWR’s denial attached, if you do not file a statement of disagreement; and (iii) complain about the denial.</p
You have the right to receive PHI in an electronic format, if electronic medical records are in use in the facility.
You have the right to receive a paper copy of this notice upon request even if you have agreed to receive this notice electronically. To obtain a paper copy of this notice, please contact the Privacy Officer.
You have the right to receive notice in the event of a breach of confidentiality. You have the right to opt out of fundraising communications.
You have the right to restrict disclosures of PHI to health plans if you have paid for services out of pocket in full.
CHANGES TO THIS NOTICE:
We reserve the right to change this notice and make the new notice apply to Health Information we already have as well as any information we receive in the future. We will post a copy of the new notice on our website. The notice will contain the effective date on the second page, in the bottom right-hand corner.
You may complain to KWR if you believe your privacy rights with respect to your PHI have been violated by contacting KWR’s Privacy Officer and submitting a written complaint. KWR will not penalize you or retaliate against you for filing a complaint regarding their privacy practices.
You also have the right to file a complaint with the Secretary of the Department of Health and Human Services at 200 Independence Avenue, S.E., Washington, DC 20201.
Kingsway Recovery, LLC
If you have any questions about this notice, please contact the KWR Compliance Ethics.