Palmetto Behavioral Health Patient Privacy Policy
Protecting the privacy and confidentiality of information about our patients is very important to Palmetto Behavioral Health System (hereafter called Palmetto). Accordingly, we strive to comply with the applicable state and federal law.
We are required by the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to maintain the privacy of Protected Health Information and to provide you with notice concerning our privacy practices. In the event that another law, other than HIPAA, prohibits or limits our use and disclosure of Protected Health Information, we will comply with the more stringent standard.
We are required to abide by the terms of this Notice so long as it remains in effect. We reserve the right to change the terms of this Notice of Privacy as necessary and to make the new Notice effective for all Protected Health Information maintained by us. If we make material changes to our privacy practices, we will provide you with a copy.
Protected Health Information (PHI) means individually identifiable health information, as defined by HIPAA, that is created or received by Palmetto. This information contains demographic information about you such as your name or date of birth as well as information about your physical or mental health, services provided by Palmetto or services provided by others prior to your admission. Information which may be exchange between Palmetto Behavioral Health and you through your interaction with this website, via your response to a form, your use of the Internet Site, or your use of email to exchange messages with providers and staff at Palmetto Behavioral Health is governed by the Internet Privacy Policy (click here for a link to the Internet Privacy Policy), and, while Palmetto Behavioral Health will use its commercially reasonable best efforts to safeguard such information, the user of the site understands, in accordance with the Site Legal Policy and Site Privacy Policy, that such information may not be inherently confidential or private, and the user agrees to treat such information with that understanding.
Uses and Disclosures. The following categories describe different ways that we use and disclose PHI. For each category of uses and disclosures we will explain what we mean and, where appropriate, provide examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted or required to use and disclose PHI will fall within one of the categories.
Use for Treatment. We routinely share your PHI within our organization to provide treatment for you. It is our policy to limit this to the minimum necessary information in order to provide treatment to you.
Your Authorization. Except as outlined below, we will not use or disclose your PHI unless you have signed a form authorizing the use or disclosure. You have the right to revoke that authorization in writing except to the extend that we have already taken action in reliance upon the authorization, or that authorization was obtained as a condition of admission for the purpose of treatment.
Use and Disclosures for Payment. We may use and disclose your PHI as necessary for payment purposes. For example, we may use information regarding your medical procedures and treatment to process and pay claims.
Use and Disclosures for Health Care Operations. We may use and disclose your PHI as necessary for our health care operations. Examples of health care operations include activities related to Quality Improvement, Medical Staff Credentialing, or other staff or committee functions.
Family and Friends Involved in Your Care. We will not routinely disclose PHI to your family and friends, even when they have been involved in your treatment, without your prior authorization. If you are incapacitated as we determine that a limited disclosure is in your best interest, we may share limited PHI with such individuals.
Business Associates are individuals or companies which act as our agent in treatment, payment or healthcare operations. Examples of these would include reference laboratory companies, and computer companies. At times it may be necessary for us to provide specific PHI to one or more of these outside persons or organizations.
Other Products and Services. We do not use your PHI for marketing purposes of any kind. We will not disclose your PHI to any business associate for that purpose.
Other Uses and Disclosures. We may make certain other uses and disclosures of your PHI without your authorization
- We may use or disclose your PHI when required by law. For example, Palmetto may be required by law to use or disclose your PHI when responding to a court order.
- We may disclose your PHI for public health activities, such as reporting a required communicable disease.
- We may disclose your PHI to the proper authorities if we suspect child abuse or neglect.
- We may disclose your PHI if authorized by a government oversight agency or other regulatory agency. For example, a Medicare audit.
- We may disclose your PHI for the proper law enforcement purposes. For example, if a crime is committed by you or upon you while you are in treatment.
- We may disclose your PHI to coroners or medical examiners consistent with state law.
- We may disclose PHI if we believe that you or somebody else might be in danger and that the disclosure would avert a serious threat to health or safety.
- We may use or disclose your PHI if you are a member of the military as required by armed forces services.
Rights That You Have. Access to your PHI. You have the right to copy and/or inspect certain of your PHI that we maintain. Requests must be in writing and must state that you want to have access to your PHI. Your request must be approved by your attending physician and may be denied if it is contrary to your welfare. Access request forms are available from the Health Information Department. We may charge you a fee for copying and postage.
Amendments to your PHI. You have the right to request that PHI we maintain about you be amended or corrected. We are not obligated to make all requested amendments but will give each request careful consideration. To be considered, your amendment request must be in writing, must be signed by you or your representative, and must state the reasons for the amendment/correction request. Amendment request forms are available from the Health Information Department.
Accounting for Disclosures of Your PHI. You have the right to receive an accounting for certain disclosures made by us of your PHI. To be considered, your accounting requests must be in writing and signed by your or your representative. Accounting request forms are available from the Health Information Department. We may charge you a fee for requests.
Restriction on Use and Disclosure of Your PHI. You have the right to request restrictions on certain of our use and disclosure of your PHI for treatment, payment and health care operations. Your request must describe in detail the restriction you are requesting. HIPAA does not require us to agree to your request but we will accommodate reasonable requests when appropriate. We retain the right to terminate an agreed-to restriction if we believe such termination is appropriate. In the event of a termination by us, we will notify you of such termination. You also have the right to terminate, in writing or orally, any agreed-to restriction. Requests for restriction (or termination of an existing restrictions) may be made to any Palmetto staff member involved in your care and treatment.
Request for Confidential Communication. You have the right to request that communications regarding your PHI be made by alternative means or alternative locations. For example, you may request that message not be left on voice mail or sent to a particular address. Requests for confidential communications must be in writing, signed by your or your representative, and filed with Palmetto.
Right to a Copy of the Notice. You have the right to a per copy of this Notice upon request by contacting any Palmetto staff member.
Complaints. If you believe your privacy rights have been violated, you and file a complaint with Palmetto. You may also file a complaint in writing with the Secretary of the US Department of Health and Human Services in Washington, DC, within 180 days of a violation of your rights. There will be no retaliation for the complaint.
For More Information. If you have questions or need further assistance regarding this Notice, you may contact Palmetto’s Compliance Office; 2777 Speissegger Dr.; Charleston, SC 29405; (843) 747-5830.
This notice is effective April 14, 2003.
