HIPAA: Uses and Disclosures of Your 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 read this notice carefully
Notice of Privacy Practices
The Notice of Privacy Practices of National Jewish Health describes how we may use and disclose your protected health information (PHI) to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice at any time. You may obtain a revised copy of our Notice of Privacy Practices by accessing our website (www.njhealth.org), by calling the facility and requesting that a revised copy be sent to you, or by asking for one in person at the time of your next appointment.
What is protected health information (PHI)?
Protected health information (PHI) is identifiable information about you, your health, and the health care services you receive. We are required by law to keep this information private to provide you with this notice of our privacy practices.
How will National Jewish Health use my protected health information (PHI)?
Your health care team will use your PHI to provide, coordinate and manage your care. We will use your PHI to communicate with other health care providers, such as your referring physician or oxygen supplier, or to contact you for appointment reminders. We also will use your PHI to obtain payment and to support hospital operations (e.g., quality review and physician training). We will use as little PHI as necessary for these purposes. We may share your PHI with other businesses that perform billing and other services for us. We will have written contracts with these businesses that require them to keep your PHI private.
Can National Jewish Health disclose my protected health information (PHI) without my permission?
Yes. National Jewish Health can disclose your PHI for treatment, payment and hospital operations. Also, the law sometimes requires us to disclose your PHI. We will notify you of these disclosures when the law requires us to do so. We may disclose your PHI to public health agencies that collect the information for purposes of controlling disease or injury, including reporting communicable diseases and domestic abuse. We also may disclose your PHI to authorized Federal officials conducting national security activities. We may disclose your PHI to the agencies that oversee health care systems so that they can perform audits, investigations or inspections. We also may disclose your PHI to companies that are required by the Food and Drug Administration (FDA) to track products, to report product problems or to make product repairs. We may disclose PHI in response to court orders or to subpoenas. We also may disclose PHI to law enforcement agencies when we believe the disclosure is necessary to investigate a crime at National Jewish Health, to prevent a threat to someone’s safety or to meet other legal requirements. We may disclose PHI to coroners, funeral directors or organ donation programs as required to determine the cause of a death or to allow them to carry out their other duties. If you are in the armed services, we may disclose PHI as required by military command authorities. We may also disclose your PHI as required by worker’s compensation laws.
Can National Jewish Health use my PHI for research?
National Jewish Health may want to use and disclose your PHI as part of our research efforts. Before using your PHI in a research project, National Jewish Health will either obtain your permission or obtain permission from the Institutional Review Board (IRB). The IRB will only give permission if it determines that your PHI will be adequately protected.
Can National Jewish Health use my PHI to notify me about fundraising opportunities?
National Jewish Health may use your name, address, dates you were seen, type of service, treating physicians and limited information about your care to contact you about National Jewish Health fundraising efforts. You have the right to opt-out of these communications by contacting the Privacy Office at (800)414-5939.
Can National Jewish Health disclose my protected health information PHI to my family members or friends?
Unless you object, we may disclose your PHI to a member of your family or to any other person you identify to the extent that it directly relates to that person’s involvement in your health care. If you are unable to object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose PHI to notify or assist in notifying a family member, personal representative or any other person who is responsible for the proceedings surrounding your care, general condition or death.
What about other disclosures?
If we wish to use your PHI for marketing, to sell your PHI or disclose psychotherapy notes, we must obtain your authorization to do so. Marketing, as defined by HIPAA, excludes contacting you about the services and treatments we offer. You may revoke an authorization in writing at any time. After National Jewish Health has received your revocation, we will no longer use your PHI for the uses specified in the revocation.
What happens if my PHI is disclosed to an unauthorized person or organization?
We are required to notify you of a breach or disclosure of unsecured PHI that is not permitted by federal or state law. We will inform you of the types of information impermissibly disclosed and the steps we have taken to prevent the type of disclosure from happening in the future.
Can I review and have a copy of my protected health information (PHI)?
Yes, in most circumstances, you may inspect and get a copy of your PHI for as long as we maintain it. We may charge a reasonable, cost based fee for making copies. Under the law, you may not inspect or copy some records. For example, you may not inspect or copy psychotherapy notes, records generated for research while the research is in progress or records created for use in a legal or administrative proceeding. To request to inspect or to get a copy of your PHI, please contact the Health Information Management Department (Medical Records) at (303)398-1580. In certain limited situations, we may deny your request to inspect and copy your PHI. If we deny your request, you may request a review of our decision.
Can I restrict how National Jewish Health uses my PHI for treatment, payment or operations?
You may ask us not to use or disclose any part of your PHI for purposes of treatment, payment or health care operations. You may restrict disclosure to your health insurance plan of specific treatments and services that you receive at National Jewish Health. If you wish to do so, you will be responsible for paying for those services out-of-pocket. You also may request that we not disclose your PHI to family members who may be involved in your care. Your request must be in writing. National Jewish Health does not have to agree to the restriction. If we do agree, we may not disclose your PHI in violation of the restriction unless it is needed to provide emergency treatment. You may request a restriction by contacting the Health Information Management Department at (303) 398-1580.
Can I amend my protected health information (PHI)?
You have the right to ask us to change the PHI in your medical record for as long as we have your medical record on file. We may deny your request. If we deny your request, you have the right to file a statement of disagreement. We may respond to this statement. Both your statement of disagreement and our response will be attached to the medical record. If we grant your request, we will make the changes and distribute it to the people whom we believe need it and to those whom you state should receive a copy. Requests to amend PHI must be made in writing addressed to the Health Information Management Department at (303)398-1580.
Can I ask you to communicate with me using different means or at a different place?
Yes, if your request is reasonable. We will reserve the right to not comply with your request if we cannot contact you to obtain payment. You may make this request by contacting the Health Information Management Department at (303) 398-1580.
Can I receive an accounting of the disclosures made by National Jewish Health?
You can obtain an accounting of any disclosures made by National Jewish Health, except for disclosures made to you or the disclosures that do not require your authorization (see above) that occurred in the six (6) months prior to the date of your request. The right to receive this information also is subject to certain other exceptions. This accounting will contain the date information was disclosed, the name of the party receiving the information and a brief description of what was disclosed and why. The first accounting in a 12 month period is free. After that, we reserve the right to charge a reasonable, cost based fee. To request a disclosure, please contact the Health Information Management Department at (303) 398-1580.
What if I think National Jewish Health has violated my right to privacy?
If you wish to make a complaint to us or have questions about this Notice, please contact our Privacy Office at (800) 414-5939. You may complain to us or to the Secretary of Health and Human Services if you believe that we have violated your privacy rights. We will not retaliate against you for filing a complaint.
This notice was revised and became effective on September 23, 2013.