Privacy Policy | Emeritus Senior Living

Notice of Privacy Practices for Protected Health Information

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

Introduction

During the course of providing services and care to you, Emeritus/EmeriCare gathers, creates, and retains certain personal information about you that identifies who you are and relates to your past, present, or future physical or mental condition, the provision of health care to you, and payment for your health care services. This personal information is characterized as your “protected health information.” This Notice of Privacy Practices describes how Emeritus/EmeriCare maintains the confidentiality of your protected health information, and informs you about the possible uses and disclosures of such information. It also informs you about your rights with respect to your protected health information.
Emeritus/Emericare's Responsibilities

Emeritus/EmeriCare is required by federal and state law to maintain the privacy of your protected health information. Emeritus/EmeriCare is also required by law to provide you with this Notice of Privacy Practices that describes Emeritus/EmeriCare’s legal duties and privacy practices with respect to your protected health information. Emeritus/EmeriCare will abide by the terms of this Notice of Privacy Practices. Emeritus/EmeriCare reserves the right to change this or any future Notice of Privacy Practices and to make the new notice provisions effective for all protected health information that it maintains, including protected health information already in its possession. If Emeritus/EmeriCare changes its Notice of Privacy Practices, it will personally deliver or mail a revised notice to you at your current address.
Use and Disclosure with your Authorization

Emeritus/EmeriCare will require a written authorization from you before it uses or discloses your protected health information, unless a particular use or disclosure is expressly permitted or required by law without your authorization. Emeritus/EmeriCare has prepared an authorization form for you to use that authorizes Emeritus/EmeriCare to use or disclose your protected health information for the purposes set forth in the form. You are not required to sign the form as a condition to obtaining treatment or having your care paid for. If you sign an authorization, you may revoke it at any time by written notice. Emeritus/EmeriCare then will not use or disclose your protected health information, except where it has already relied on your authorization.
How Emeritus/Emericare May Use and Disclose your Protected Health Information without your Authorization
1. Permissive Disclosure
  
  Emeritus/EmeriCare may, in its discretion, use or disclose your protected health without your written authorization in the following circumstances:
  1. Workforce Members
    
    It is Emeritus/EmeriCare’s policy to allow members of its workforce to share residents’ protected health information with one another to the extent necessary to permit them to perform their legitimate functions on Emeritus/EmeriCare’s behalf. At the same time, Emeritus/EmeriCare will work with and train its workforce members to ensure that there are no unnecessary or extraneous communications that will violate the rights of its residents to have the confidentiality of their protected health information maintained.
  2. Your Care and Treatment
    
    Emeritus/EmeriCare may use or disclose your protected health information to provide you with or assist in your treatment, care and services. For example, Emeritus/EmeriCare may disclose your health information to health care providers who are involved in your care to assist them in your diagnosis and treatment, as necessary. Emeritus/EmeriCare may also disclose your protected health information to individuals who will be involved in your care if you leave the care facility licensed, owned, and/or operated by Emeritus/EmeriCare (hereinafter “Care Facility”).
  3. Billing and Payment
    1. Medicare, Medi-Cal and Other Public or Private Health Insurers
      
      Emeritus/EmeriCare may use or disclose your protected health information to public or private health insurers (including medical insurance carriers, HMOs, Medicare, and Medi-Cal) in order to bill and receive payment for your treatment and services that you receive at the Care Facility.[Name of Community]. The information on or accompanying a bill may include information that identifies you, as well as your diagnosis, procedures, and supplies used.
    2. Health Care Providers
      
      Emeritus/EmeriCare may also disclose your protected health information to health care providers in order to allow them to determine if they are owed any reimbursement for care that they have furnished to you and, if so, how much is owed.
  4. Health Care Operations
    
    Emeritus/EmeriCare may use or disclose your protected health information for health care operations at the Care Facility. These uses and disclosures are necessary to manage the Care Facility and to monitor our quality of services and care. For example, we may use your protected health information to review our services and to evaluate the performance of our staff in caring for you.
  5. Licensing and Accreditation
    
    Emeritus/EmeriCare may disclose your protected health information to any government or private agency, such as to the federal centers for Medicare and Medicaid services, responsible for licensing or accrediting the Care Facility so that the agency can carry out its oversight activities. These oversight activities include audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or actions; or other activities necessary for appropriate oversight.
  6. Provision of Basic Information about Residents
    
    Emeritus/EmeriCare allows staff to provide certain basic information about a resident to persons who ask for the resident by name and to members of the clergy. Unless you notify Emeritus/EmeriCare that you object, it will disclose your name, your location in the Care Facility, and your general condition to anyone who asks for you by name. It will disclose your name, your location in the Care Facility, your general condition, and your religious affiliation to members of the clergy.
  7. Individuals Involved in Making Decision or Providing Payment for Your Care
    
    Unless you specifically object, Emeritus/EmeriCare may disclose to a family member, other relative, a close personal friend, or to any other person identified by you, all protected health information directly relevant to such person’s involvement with your care or directly relevant to payment related to your care. Emeritus/EmeriCare may also disclose your protected health information to a family member, personal representative, or other person responsible for your care to assist in notifying them of your location, general condition, or death.
  8. Disaster Relief
    
    Emeritus/EmeriCare may disclose your protected health information to a public or private entity authorized to assist in disaster relief efforts.
  9. Disclosures within Emeritus/EmeriCare
    
    Unless you specifically object, Emeritus/EmeriCare may disclose certain general information about you (e.g., past activities, present interests, birthday, and location if hospitalized) to members of its community, including other residents and staff, by means such as newsletter or bulletin board.
  10. Business Associates
    
    Emeritus/EmeriCare may contract with certain individuals or entities to provide services on its behalf. Examples include data processing, quality assurance, legal, or accounting services. Emeritus/EmeriCare may disclose your protected health information to a business associate, as necessary, to allow the business associate to perform its functions on Emeritus/EmeriCare’s behalf. Emeritus/EmeriCare will have a contract with its business associates that obligate the business associates to maintain the confidentiality of your protected health information.
  11. Marketing
    
    Emeritus/EmeriCare may use protected health information or disclose it to business associates in order to inform you about treatment alternatives or health-related benefits and services that may be of interest to you, to make face-to-face communications with you about a service or product, or to provide you with a promotional gift of nominal value. Otherwise, it will obtain a specific written authorization from you or your personal representative before using or disclosing protected health information for marketing purposes.
  12. Fundraising
    
    Emeritus/EmeriCare may use certain protected health information to contact you in an effort to raise money for the Care Facility and its operations. Emeritus/EmeriCare may disclose the protected health information to business associates or to related foundations that it uses to raise funds for its own benefit. Emeritus/EmeriCare will disclose only your name, address, telephone number, age, gender, and insurance status and the dates you receive health care services. You may notify Emeritus/EmeriCare in writing if you object to such disclosures.
  13. Sale of Protected Health Information
    
    Emeritus/EmeriCare may disclose your protected health information for remuneration in certain vary narrow circumstances such as where a governmental agency reimburses it for its expenses in providing information for public health purposes.
  14. Research
    
    Emeritus/EmeriCare may disclose your protected health information for research purposes in certain defined circumstances. In most cases, it can do so only if an outside Institutional Review Board overseeing the research has approved the disclosure of the information without a written authorization.
  15. Organ Procurement
    
    If you are an organ donor, Emeritus/EmeriCare may disclose your protected health information following your death to an organ procurement agency or tissue bank in order to aid in using your organs or tissues in transplantation.
  16. Coroner or Medical Examiner
    
    Emeritus/EmeriCare may disclose protected health information to a coroner or medical examiner for the purpose of identifying a deceased person, in determining a cause of death, or other duty authorized by law.
  17. Funeral Director
    
    Emeritus/EmeriCare may disclose protected health information to funeral directors as necessary to allow the funeral director to carry out their duties.
2. Mandatory Disclosures
  
  Emeritus/EmeriCare will disclose protected health information to outside persons or entities without your written authorization as required by law in the following circumstances:
  1. Court Order; Order of Administrative Tribunal
    
    Emeritus/EmeriCare will disclose protected health information in accordance with an order of a court or of an administrative tribunal of a government agency.
  2. Subpoena
    
    Emeritus/EmeriCare will disclose protected health information in accordance with a valid subpoena issued by a party to adjudication before a court, an administrative tribunal, or a private arbitrator. Reasonable efforts will be made to notify you of the subpoena, or of efforts to obtain an order or agreement protecting your protected health information.
  3. Law Enforcement Agencies
    
    Emeritus/EmeriCare will disclose protected health information to law enforcement agencies in accordance with a search warrant, a court order or court-ordered subpoena, or an investigative subpoena or summons.
  4. Elder Abuse Reporting
    
    Emeritus/EmeriCare will disclose protected health information about a resident who is suspected to be the victim of elder abuse to the extent necessary to complete any oral or written report mandated by law. Under certain circumstances, Emeritus/EmeriCare may disclose further protected health information about the resident to aid the investigating agency in performing its duties. Emeritus/EmeriCare will promptly inform the resident about any disclosure unless Emeritus/EmeriCare believes that informing the resident would place the resident in danger of serious harm, or would be informing the resident’s personal representative, whom the Provider believes to be responsible for the abuse, and believes that informing such person would not be in the resident’s best interest.
  5. Other Disclosures Required by Law
    
    Emeritus/EmeriCare will disclose protected health information about a resident when otherwise required by law.
Your Rights Regarding Protected Health Information

You have the following rights with respect to your protected health information. To exercise these rights, contact Emeritus/EmeriCare at (888) 529-5827 or online at http://www.emeritus.com/ethics/. You can also contact Emeritus/EmeriCare at the following address: Emeritus/EmeriCare, 3131 Elliott Avenue, Suite 500, Seattle, WA 98121, [Provider’s Address], Attention: Ethics First.
1. Right to Request Access
  
  You have the right to inspect and copy your medical record maintained by Emeritus/EmeriCare. In certain limited circumstances, Emeritus/EmeriCare may deny your request as permitted by law. However, you may be given an opportunity to have such denial reviewed by an independent licensed health care professional.
2. Right to Request Amendment
  
  You have the right to request an amendment to your medical record maintained by Emeritus/EmeriCare. If your request for an amendment is denied, you will receive a written denial, including the reasons for such denial, and an opportunity to submit a written statement disagreeing with the denial.
3. Right to Request Special Privacy Protections
  
  You have the right to request restrictions on the use and disclosure of your protected health information for treatment, payment or health care operations, or providing notifications regarding your identity and status to persons inquiring about or involved in your care. Emeritus/EmeriCare is not required to grant your request, but if it does, it will comply with your request, except in an emergency situation or until the restriction is terminated by you or Emeritus/EmeriCare. You also have the right to request that Emeritus/EmeriCare communicate protected health information to the recipient by alternative means or at alternative locations.
4. Right to an Accounting
  
  You have the right to receive an accounting of disclosures of your protected health information created and maintained by Emeritus/EmeriCare over the six (6) years prior to the date of your request or for a lesser period. Emeritus/EmeriCare is not required to provide an accounting of certain routine disclosures.
5. Right to Receive a Copy of the Notice of Privacy Practices
  
  You have the right to request and receive a copy of Emeritus/EmeriCare’s Notice of Privacy Practices for Protected Health Information in written or electronic form.
Complaints

If you believe that your privacy rights have been violated, you may file a complaint with Emeritus/EmeriCare at the following address: 3131 Elliott Avenue, Suite 500, Seattle, WA 98121, Attention: Ethics First. You may also file a complaint by phone at (888) 529-5827 or online at http://www.emeritus.com/ethics/. You also have the right to submit a complaint to the Office for Civil Rights, U.S. Department of Health and Human Services, addressed to the appropriate OCR regional office (please see attached list). Emeritus/EmeriCare will not retaliate against you if you file a complaint.
Further Information

If you have questions about this Notice of Privacy Practices or would like further information about your privacy rights, contact Emeritus/EmeriCare at (888) 529-5827 or at the following address: 3131 Elliott Avenue, Suite 500, Seattle, WA 98121, Attention: Ethics First.

The effective date of this Notice of Privacy Practices is November 18th, 2010

For a list of the Regional Office for DHHS, click here.

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