Privacy Policy/ADA

NOTICE OF PRIVACY PRACTICES FOR PROTECTED HEALTH INFORMATION

“THIS NOTICE, IN COMPLIANCE WITH FEDERAL PRIVACY REGULATIONS, DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.”

MarsCare Home Health is required by law to maintain the privacy of protected health information, to provide you adequate notice of your rights and our legal duties and privacy practices with respect to protected health information and to notify affected individuals following a breach of unsecured protected health information (45 CFR § 164.520). We will use or disclose protected health information in a manner that is consistent with this notice.

The agency maintains a record (paper/electronic file) of the information we receive and collect about you and of the care we provide to you. This record includes physicians’ orders, assessments, medication lists, clinical progress notes and billing information.

As required by law, the agency maintains policies and procedures about our work practices, including how we coordinate care and services provided to our patients. These policies and procedures include how we create, receive, access, transmit, maintain and protect the confidentiality of all health information in our workforce and with contracted business associates and/or subcontractors; security of the agency’s building and electronic files; and, how we educate staff on privacy of patient information.

We will not use or disclose your health information without your authorization, except as described in this notice. Thus, for example, we will require your authorization before we would use or disclose your protected health information for marketing purposes, and we will not sell your health information without a specific authorization from you. If you have questions and would like additional information, you may contact our Agency’s Privacy Officer, the Administrator at 215-763-3992.

As our patient, information about you must be used and disclosed to other parties for purposes of treatment, payment and health care operations. Examples of information that must be disclosed:

Treatment: Providing, coordinating, or managing health care and related services, consultation between health care providers relating to a patient or referral of a patient for health care from one provider to another. For example, we meet on a regular basis to discuss how to coordinate care for patients and to schedule visits.
Payment: Billing and collecting for services provided, determining plan eligibility and coverage, utilization review (UR), precertification, medical necessity review. For example, occasionally the insurance company requests a copy of the medical record be send to them for a coverage review prior to paying the bill.
Health Care Operations: General agency administrative and business functions, quality assurance/improvement activities; medical review; auditing functions; developing clinical guidelines; determining the competence or qualifications of health care professionals; evaluating agency performance; conducting training programs with students or new employees; licensing, survey, certification, accreditation and credentialing activities; internal auditing; and, certain fundraising activities and with your authorization, marketing activities. For example, our agency periodically holds clinical record review meetings where the consulting professional of our record review committee will audit clinical records for meeting professional standards and utilization review.

The following uses and disclosures do not require your consent, and include, but are not limited to, a release of information contained in financial records and/or medical records, including information concerning communicable diseases such as Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS), drug/alcohol abuse, psychiatric diagnosis and treatment records and/or laboratory test results, medical history, treatment progress and/or any other related information as permitted by state law to:

Your insurance company, self-funded or third-party health plan, Medicare, Medicaid or any other person or entity that may be responsible for paying or processing for payment any portion of your bill for services.
Any person or entity affiliated with or representing us for purposes of administration, billing and quality and risk management.
Any hospital, nursing home or other health care facility to which you may be admitted.
Any assisted living or personal care facility of which you are a resident.
Any physician providing you care.
Licensing and accrediting bodies; including the information contained in the OASIS Data Set to the state agency acting as a representative of the Medicare/Medicaid program;
Contact you to raise funds for the agency; you will be given the right to opt out of receiving such communications.
Any business associate or institutionally-related foundation for the purpose of raising funds for the agency (information may include: demographics – name, address, contact information, age, gender, date of birth; dates of health care provided; department of services; treating physician; outcome information; and, health insurance status). You will be given the right to opt out.
Refill reminders for drugs, biologicals and/or drug delivery systems that have already been prescribed to you.
Marketing communications promoting health products, services and information if the communication is made face to face with you or the only financial gain consists of a promotional gift of nominal value provided by the agency; and,
Other health care providers to initiate treatment.

We are permitted to use or disclose information about you without consent or authorization in the following circumstances:

- In emergency treatment situations, if we attempt to obtain consent as soon as practicable after treatment.
- Where substantial barriers to communicating with you exist and we determine that the consent is clearly inferred from the circumstances.
- Where we are required by law to provide treatment are, we are unable to obtain consent.
- Where the use or disclosure of medication information about you is required by federal, state or local law.
- To provide information to state or federal public health authorities, as required by law to:

Prevent or control disease, injury or disability.
Report births and deaths.
Report child abuse or neglect.
Report reactions to medications or problems with products.
Notify persons of recalls of products they may be using.
Notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and,
Notify the appropriate government authority if we believe a patient has been the victim of abuse, neglect or domestic violence (if you agree or when required or authorized by law).

Health care oversight activities such as audits, investigations, inspections and licensure by a government health oversight agency as authorized by law to monitor the health care system, government programs and compliance with civil rights laws.
To business associates regulated under HIPAA that work on our behalf under a contract that requires appropriate safeguards of protected health information.
Certain judicial administrative proceedingsin response to a court or administrative order, a subpoena, discover request or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order from the Court protecting the information requested
Certain law enforcement purposes such as helping to determine whether a crime has occurred, to alert law enforcement to a crime on our premises or of your death if we suspect it resulted from criminal conduct, identify or locate a suspect, fugitive, material witness or missing person or to comply with a court order or subpoena and other law enforcement purposes;
To coroners, medical examiners and funeral directors, in certain circumstances, for example, to identify a deceased person, determine the cause of death or to assist in carrying out their duties.
For cadaveric organ, eye, or tissue donation purposes to communicate to organizations involved in procuring, banking or transplanting organs and tissues (e.g., if you are an organ donor).
For certain research purposes under very select circumstances. We may use your health information for research. Before we disclose any of your health information for such research purposes, the project will be subject to an extensive approval process. We will usually request your written authorization before granting access to your individually identifiable health information.
To avert a serious threat to health and safety: To prevent or lessen a serious and imminent threat to the health or safety of a particular person or the general public, such as when a person admits to participation in a violent crime or serious harm to a victim or is an escaped convict. Any disclosure, however, would only be to someone able to help prevent the threat.
For specialized government functions: including military and veterans’ activities, national security and intelligence activities, protective services for the President, foreign heads of state and others, medical suitability determinations, correctional institution, and custodial situations; and
For Workers’ Compensation purposes: Workers’ compensation or similar programs provide benefits for work-related injuries or illness.

We are permitted to use or disclose protected health information about you provided you are informed in advance and given the opportunity to individually agree to, prohibit, opt out or restrict the disclosure in the following circumstances:

Use of a directory (includes name, location, condition described in general terms) of individuals serviced by our agency.
Share information to a public or private entity authorized by law or by its charter to assist in disaster relief efforts for purposes of notifying your family, personal representatives or certain others of your location or general condition.
Provide proof of immunization to a school that is required by state or other law to have such proof with agreement to disclosure by parent, guardian or other person acting in loco parentis if record is of an unemancipated minor; and
Provide a family member, relative, friend or other identified person, prior to or after your death, the information relevant to such person’s involvement in your care or payment for care; to notify a family member, relative, friend or other identified person of your location, general condition or death.

Other uses and disclosures not covered in this notice will be made only with your authorization. Authorization may be revoked, in writing, at any time, except in limited situations for the following disclosures:

Marketing of products or services or treatment alternatives that may be of benefit to you when we receive direct payment from a third party for making such communications.
Psychotherapy notes under most circumstances, if applicable; and
Any sale of protected health information resulting in financial gain by the agency unless an exception is met.

Your Health Information Rights

You have the right, subject to certain conditions to:

- Request restrictions on uses and disclosures of your protected health information for treatment, payment, or health care operations. However, we are not required to agree to any requested restriction. Restrictions to which we agree will be documented. Agreements for further restrictions may, however, be terminated under applicable circumstances (e.g., emergency treatment).

We must agree to your request to restrict disclosure of protected health information about you to a health plan if: 1) the disclosure is for the purpose of carrying out payment or health care operations and is not otherwise required by law; and, 2) the protected health information pertains solely to a health care item or service for which you or someone on your behalf paid the covered entity in full. (For more information about this right see Code of Federal Regulations 45 CFR §164.522(a) Rights to request privacy protection for protected health information).

- Confidential communication of protected health information. We will arrange for you to receive protected health information by reasonable alternative means or at alternative locations. Your request must be in writing. We do not require an explanation for the request as a condition of providing communications on a confidential basis and will attempt to honor reasonable requests for confidential communications.

If you request your protected health information to be transmitted directly to another person designated by you, your written request must be signed and clearly identify the designated person and where the copy of protected health information is to be sent.
If you are dissatisfied with the manner in which or the location where you are receiving communications from us that are related to your health information, you may request that we provide you with such information by alternative means or at alternative locations. Such a request must be made in writing and submitted to MarsCare Home Health. We will attempt to accommodate all reasonable requests. For more information about this right, see 45 C.F.R. §164.522(b).

- Inspect and obtain copies of protected health information that is maintained in a designated record set, except for psychotherapy notes, information compiled in reasonable anticipation of, or for use in, a civil, criminal or administrative action or proceeding, or protected health information that may not be disclosed under the Clinical Laboratory Improvements Amendments of 1988 [42 USC § 263a and 45 CFR § 493(a)(2)]. If you request a copy of your health information, we will charge a reasonable cost-based fee that includes only the cost of labor for copying, supplies and postage, if applicable, in accordance with applicable state and federal regulations. For more information about this right, see 45 CFR §164.524. If the requested protected health information is maintained electronically, and you request an electronic copy, we will provide access in an electronic format you request, if readily producible, or if not, in a readable electronic form and format mutually agreed upon.
  If we deny access to protected health information, you will receive a timely, written denial in plain language that explains the basis for the denial, your rights to review and an explanation of how to exercise those rights. If we do not maintain the medical record, we will tell you where to request the protected health information.
- Request to amend protected health information for as long as the protected health information is maintained in the designated record set. A request to amend your record must be in writing and must include a reason to support the requested amendment. We ask that you use the form provided by our Agency to make such requests. For a request form, please contact our Privacy Officer, the Administrator at 215-763-3992. For more information about this right, see 45 C.F.R. §164.526.

We will act on your request within sixty (60) days of receipt of the request. We may extend the time for such action by up to thirty (30) days, if we provide you with a written explanation of the reasons for the delay and the date by which we will complete action on the request.
We may deny the request for amendment if the information contained in the record was not created by us, unless you provide a reasonable basis for believing the originator of the information is no longer available to act on the requested amendment; is not part of the designated medical record set; would not be available for inspection under applicable laws and regulations; or the record is accurate and complete. If we deny your request for amendment, you will receive a timely, written denial in plain language that explains the basis for the denial, your rights to submit a statement disagreeing with the denial and an explanation of how to submit that statement.

Receive an accounting of disclosures of protected health information made by our agency for up to six (6) years prior to the date on which the accounting is requested for any reason other than for treatment, payment or health operations and other applicable exceptions. The written accounting includes the date of each disclosure, the name/address (if known) of the entity or person who received the protected health information, a brief description of the information disclosed and a brief statement of the purpose of the disclosure or a copy of the written request for disclosure. We will provide the accountings within sixty (60) days of receipt of a written request. However, we may extend the time period for providing the accounting by thirty (30) days if we provide you with a written statement of the reasons for the delay and the date by which you will receive the information. We will provide the first accounting you request during any 12-month period without charge. Subsequent accounting requests may be subject to a reasonable cost-based fee. For more information about this right, see 45 CFR §164.528.
Receive notification of any breach in the acquisition, access or use or disclosure of unsecured protected health information by the agency, its business associates and/or subcontractors.
Obtain a paper copy of our Notice of Privacy Practices even if you had agreed to receive this notice electronically from us upon request.

For More Information or to Report a Problem

Complaints: If you believe that your privacy rights have been violated, you may file a complaint with the agency. There will be no retaliation against you for filing a complaint. The complaint should be filed in writing on a form provided by our agency and should state the specific incident(s) in terms of subject, date and other relevant matters. When completed, the complaint form should be returned to MarsCare Home Health at 743 N. 24th Street, Philadelphia, Pa 19130. You may also file a complaint with the Secretary of the Department of Health and Human Services. A complaint to the Secretary must be filed in writing within 180 days of when the act or omission complained of occurred and must describe the acts or omissions believed to be in violation of applicable requirements. [45 CFR § 160.306]. For further information regarding filing a complaint, contact Administrator, MarsCare Home Health, 743 N. 24th Street, Philadelphia, Pa 19130; Phone: 215-763-3992.

Effective Date: This notice is effective January 13, 2018. We are required to abide by the terms of the notice currently in effect, but we reserve the right to change these terms as necessary for all protected health information that we maintain. If we change the terms of this notice (while you are receiving service) we will promptly revise and distribute a revised notice to you as soon as practicable by mail, e-mail (if you have agreed to electronic notice) or hand delivery or by posting on our website.

If you require further information about matters covered by this notice, please contact:

Amia Burton-Smith, Administrator, MarsCare Home Health, LLC

743 N. 24th Street, Philadelphia, Pa 19130, 215-763-3992

Nondiscrimination in Services

Admissions, the provisions of services, and referrals of clients shall be made without regard to race, color, religious creed, disability, ancestry, national origin (including limited English proficiency), age, or sex.

Program services shall be made accessible to eligible persons with disabilities through the most practical and economically feasible methods available. These methods include, but are not limited to, equipment redesign, the provision of aides, and the use of alternative service delivery locations. Structural modifications shall be considered only as a last resort among available methods.

Any individual/client/patient/student (and/or their guardian) who believes they have been discriminated against, may file a complaint of discrimination with:

MARSCare
743 N. 24th Street
Philadelphia, PA 19130

Department of Human Services
Bureau of Equal Opportunity
Room 223, Health & Welfare Building
PO Box 2675
Harrisburg, PA 17105

U.S. Department of Health and Human Services Office for Civil Rights
Suite 372, Public Ledger Bldg.
150 South Independence Mall West Philadelphia, PA 19106-9111

PA Human Relations Commission Philadelphia Regional Office
110 N. 8th Street, Suite 501 Philadelphia, PA 19107

Commonwealth of Pennsylvania OHS Bureau of Equal Opportunity Southeast Regional Office
801 Market Street, Suite 5034 Philadelphia, PA 19107

Nondiscrimination Policy Statement Equal Employment Opportunity

An open and equitable personnel system will be established and maintained. Personnel policies, procedures, and practices will be designed to prohibit discrimination on the basis of race, color, religious creed, disability, ancestry, national origin (including limited English proficiency), age or sex.

Employment opportunities shall be provided for applicants with disabilities and reasonable accommodation shall be made to meet the physical or mental limitations of qualified applicants or employees.

Any employee, who believes they have been discriminated against, may file a complaint of discrimination with any of the following: