Notice of Privacy Practices

 

 

Boston Health Care for the Homeless Program (BHCHP)/McInnis Health Group (MHG)

Effective April 14, 2003, Updated March 2, 2009

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.

 

If you have any questions about this notice, please contact the Privacy Officer at the following number: 857-654-1078.

 

Boston Health Care for the Homeless Program (BHCHP)/McInnis Health Group (MHG) keeps a record for each patient of the health care services provided.  We are required by law to keep your Protected Health Information (PHI) private.  We are also required by law to notify patients of our legal duties and privacy practices used to keep your PHI private. BHCHP/MHG is required to obey the Notice of Privacy Practices currently in effect.   

 

PURPOSE: To describe the requirements that must be followed by BHCHP/MHG staff, consultants, volunteers, and students when sharing an individual’s “Protected Health Information.”

 

POLICY: This notice applies to any staff member, consultant, volunteer, or student at Boston Health Care for the Homeless Program/McInnis Health Group.  Sharing of any PHI by any staff member, consultant, volunteer, and/or student must be in accordance with all Federal and State laws and regulations, specifically including the Privacy Standards associated with the Health Insurance Portability and Accountability Act of 1996 (HIPAA).  Boston Health Care for the Homeless Program/McInnis Health Group complies with HIPAA and MGL 82, Chapters 93H and 93I.

 

BHCHP/MHG works in close collaboration with health care clinics at some area shelters, hospitals and other facilities, and agencies.  Collaborative planning of health care occurs in an organized manner and some medical information is entered into a shared record.

BHCHP/MHG Is a Community Health Center member of Boston Health Net and may share information with BMC or the other Community

Health Center members of Boston Health Net for the purposes of treatment, payment, and health care operations.

For a full list of sites at which Boston Health Care for the Homeless Program (BHCHP)/McInnis Health Group (MHG) provides care and a full list of Collaborations see the final page of this document.

 

New Medical Record Retention Regulations: 

 

The length of time clinics and hospitals in Massachusetts must keep medical records has been reduced from 30 years to 20 years.

 

This time frame was reduced by state law, “Chapter 305 of the Acts of 2008, An Act To Promote Cost Containment, Transparency, And Efficiency In The Delivery Of Quality Health Care,” (signed into law by Governor Deval Patrick on August 10, 2008) and the corresponding Massachusetts Department of Public Health Regulations effective July 10, 2009.

 

Effective July 10, 2009, Boston Health Care for the Homeless Program/McInnis Health Group will maintain medical records for a period of

no longer than 20 years from a patient’s last date of service.

 

Patient access to medical records will not change with this change in the law.  Patients will continue to have the right to inspect his/her medical records upon request at any time during the 20 year period for which we are required to maintain medical records.

 

When records are 20 years old or older, Boston Health Care for the Homeless Program/McInnis Health Group is required to notify the Department of Public Health, 30 days prior to the intended date of destruction, of our intention to destroy the records.  Destruction of records which are 20 years old or older is done by a vendor who has signed an agreement to transport and destroy the records in a manner which protects your confidentiality at all times.

 

You may obtain a full copy of the Boston Health Care for the Homeless Program’s Records Retention and Destruction Policy by contacting the Privacy Officer at 857-654-1078.

                                                    

 


            

A.  Uses of Health Information:  BHCHP/MHG may share your protected health information for treatment, payment, and health care operations without obtaining specific permission.

 

 1.  Treatment: Your primary doctor, *consultant”  doctors, nurse practitioners, physicians assistants, nurses, technicians, students of the health care professions, and mental health clinicians involved in taking care of you at Boston Health Care for the Homeless (BHCHP)/McInnis Health Group (MHG) may use your health information to provide you with treatment or services.  For example, a doctor treating you for an injury needs to know if you have diabetes; because, diabetes may slow the healing process.  Different departments may share your medical information to coordinate your care, for example, your primary care clinician can inform your physical therapist if you have diabetes to enable the physical therapist to plan an appropriate program for you. * A consultant is, for example, a doctor outside of McInnis Health Group who we ask to see you to get another opinion or further treatment.

 

2.      Payment:  BHCHP/MHG may use your protected health information to bill for our services and to collect for our services.  For instance, your insurance company or third party payor can request to see copies of your record to verify services which you received.  Another example is that BHCHP/MHG may be required to share information with your insurance company or third party payor to obtain prior approval for your treatment.

 

3.      Health Care Operations: Health Care Operations are the functions that all health care facilities and                   agencies perform to verify that the delivery of care to patients is being properly performed and that the facility or agency is functioning properly.  One example of this is chart review to evaluate staff performance.  Another example is chart review in the medical records department or by the Medical Records Committee to verify that all records are completed according to legal requirements.

 

4.    As required by law or legal authorities:  Other situations in which we may share your protected health information include those releases required and/or allowed by federal, state and local law.  For a list of the situations and/or federal, state, and local agencies to whom we may release your protected health information without your consent, see the list below.


 


5.    Appointment reminders: We may share your protected health information to contact you as a reminder that you have an appointment.

 

6.  Treatment alternatives: We may share your protected health information to tell you about or recommend possible treatment alternatives.

 

7  Benefits and services: We may share your protected health information to tell you about health related benefits or services that may be of interest to you.

 

8.  Individuals involved in your care or payment for your care:  We may share your medical information, including your condition and the fact that you are being treated, to friends or family members who are involved in your care or payment for your care.

 

9.      Disaster Relief:  We may share your protected health information with legally authorized public or private Disaster Relief Organizations for the following reasons:

a)   Notification of individuals involved in your care;

b)   Assistance to the Disaster Relief Organization for disaster relief efforts.

 


PERMITTED RELEASE OF PROTECTED HEALTH INFORMATION WITHOUT PATIENT CONSENT               


Medical Emergencies:  a situation which causes immediate jeopardy to the patient’s health or life and which requires immediate intervention

 

Certain State and Federal Agencies:


·       Medicare

·       Medicaid

·       Veterans’ Benefits

·       Support by the Commonwealth

·       Aid to Families With Dependent Children

·       Assistance to the Aged and Disabled

·       Division of Medical Assistance (for a patient application  for Medicaid Benefits or Programs)

·       Department of Children and Families (formerly

Department of Social Services) (for investigations

of reports of suspected child abuse/neglect) or

(for inspection of charts of children in their custody)

·       Disabled Persons Protection Commission

·       Department of Elder Affairs/Elder Abuse Investigations

·       Commissioner of Public Health/Department of Public Health


·       Medical Examiner/Coroner

·       Funeral Directors

·       Department of Public Health-infections diseases or

diseases dangerous to the public or

·       Local Board of Health-infectious diseases or diseases dangerous to the public (if not already reported to the Department of Public Health

·       Vaccine Reactions’

·       Deaths

·       Events which cause (or could cause) harm to patients or employees

·       Police (for wounds, burns, injuries

·       Law enforcement (in response to a warrant or to report a crime on BHCHP property

·       Correctional Institution-to provide you with initial health care

·       Department of Public Safety (wounds, burns, injuries)

·       Courts (in response to a lawful request such as subpoena or court order


 

10:  Research:  Under certain circumstances, we may share medical information about you for research purposes; however, we will do this only through a special review process.  If a researcher will have access to your name, address, or other information that reveals who you are, we will ask for your specific permission or get approval from an Internal Review Board.

 

B.  Other sharing of medical information:  Sharing of your medical/health information requested for any reason other than those listed in this notice will be done only with your written permission (authorization). If you provide written permission (authorization) for us to share your medical information, you may revoke that permission, in writing, at any time.  If you revoke your permission, we will no longer share your medical information /health information for the purpose covered in your written permission (authorization); however, we are unable to take back any information  we have already shared  prior to the time your permission (authorization) was revoked.  We are required to retain our records of the care that we provided to you.

 

C.  Your rights regarding your medical information:

 

1.    Right to inspect and copy: You have the right to inspect and copy medical and billing information (excluding psychotherapy notes)  that may be used to make decisions about your care.  To inspect and copy your medical information, you must complete an Authorization for the Release and/or Discussion of Medical Records and submit it to the Privacy Officer.  If you request a copy of the information, we may charge a fee for the costs of copying, mailing, and supplies used. 

        

       We may deny your request to inspect and copy in certain, very limited, circumstances.  If we deny your request, you may request that we release copies of your record for inspection to you through another physician of your choice or you may request that we release copies of your medical record to you through your attorney.  Another licensed health care professional chosen by our organization will review your request and the denial. The person conducting the review will not be the person who denied your request.

 

       To request information about the steps you must take to inspect and copy medical information that may be used to make decisions about your care, contact the Privacy Officer.

 

2.  Right to Amend:  If you feel that medical information we have about you is inaccurate or incomplete, you have the right to request us to amend your record. You have the right to request an amendment for as long as the information is kept by (or for) the organization.

     

       To request information about the steps to be taken if you wish us to amend your record or if you wish to submit an amendment, you must submit your request in writing to the Privacy Officer.

 

 

       Right to Deny Amendment:  BHCHP/MHG has the right to deny your request for amendment if it is not in writing or if it does not include a reason to support your request.  We may also deny your request if you ask us to amend the following types of information:

§       Information that was not created by us, unless the person or entity that created the information is no longer available to make the amendment;

§       Is not part of the medical information kept by or for the organization;

§       Is not part of the information which you would be permitted to inspect and copy; or

§       Is accurate and complete.

 

3.    Right to an Accounting of Disclosures (shared information):  You have the right to request an accounting of disclosures, which is a list of the medical information about you which we have shared..

 

       To request a list of accounting of disclosures (shared information), submit your request in writing to the Privacy Officer.  Requests for an accounting of disclosures may not be for a period of longer than six years and requests may not include requests for information released (shared) before February 26, 2003.  Your request should indicate if you prefer to receive the list on paper or electronically.  The first list you request within a 12-month period will be free.  For additional lists, we may charge you for the costs of providing the list.  We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.

             

4.    Right to request restrictions:  You have the right to request a restriction or limitation on the medical information we share about you for treatment, payment, or health care operations.  You also have the right to request a limit on the medical information we share about you to someone who is involved in your care or payment for your care, like a family member or friend.  For example you could ask that we not share information about a surgery you had.

 

       We are not required to agree to your request.  If we do agree we will comply with your request unless

       the information is needed to provide you emergency services.

 

       To request restrictions contact the Privacy Officer   In your request you must tell us 1.) what information you want to limit and 2.) to whom you want the limits to apply , for example, sharing information with a spouse.

 

 

 

5.    Right to request confidential communications:  You have the right to request that we communicate with you about health information in a certain way or at a certain location.  For example, you can ask that we only contact you at work or by mail.

 

       To request confidential communications, contact the Privacy Officer. We will not ask you the reason for your request.  We will accommodate all reasonable requests.  Your request must specify how or where you wish to be contacted.

 

6.    Right to a paper copy of this notice: You have the right to obtain a paper copy of this notice.  You may ask us to give you a copy of this notice at any time.  You may also obtain a copy of this notice at our website or by other electronic means i.e. E-Mail.  Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice. 

 

       You may obtain a copy of this notice at our website, www.bhchp.org

 

       You may obtain a paper copy of this notice on admission, on your first visit after the effective date, or you may contact the Privacy Officer. 

 

7.    Right to complain:  If you feel that your privacy rights have been violated, you may file a complaint with BHCHP/MHG by notifying the Director of Clinical Operations in writing (for clinic) or the Director of Respite (for Respite) by filing a Grievance in accordance with the BHCHP/MHG Grievance Procedure. If the grievance refers to a violation of privacy rights, the Director of Clinical Operations or the Director of Respite will forward your grievance to the Privacy Officer.

       If, after following our grievance procedure, you do not feel your complaint has been addressed, you may notify the Secretary of Health and Human Services.

 

You cannot be penalized for filing a complaint.

 

D.   Notice Changes: We reserve the right to revise or change this notice as changes in the law allow.  We reserve the right to make the revised or changed notice effective for medical information we already have about you or any information we receive in the future.  The first page of the notice will have the effective date in the top right hand corner.

 

E.   Contact Information:

Elaine Fanwick, RHIA - Privacy Officer         

Boston Health Care for the Homeless Program                 

780 Massachusetts Avenue

Boston Massachusetts  02118

PROGRAMS/LOCATIONS OF CARE AND COLLABORATIONS

BOSTON HEALTH CARE FOR THE HOMELESS PROGRAM (BHCHP)/McINNIS HEALTH GROUP (MHG)

 


1.         780 Albany Street (Admin. Offices)

2.         Anchor Inn

3.         Asian Task Force Against Domestic

         Violence

4.         Barbara McInnis House

5.         Beacon Townhouse Inn #2

6.         Boston Medical Center ED

7.         Boston Medical Center Infectious

         Diseases Department (AIDS Program)

8.         Boston Medical Center Inpatient

9.         Boston Family Shelter

10.         Boston Living Center

11.         Bridge Over Troubled Waters

12.         Bridge To Recovery

13.         Brookview House

14.         Carolina Hills Shelter

15.         Casa Esperanza Men’s Program

16.         Casa Nueva Vida

17.         Church of Advent

18.         Community Outreach: State Agency Offices

19.         Crittenton Women’s Union

20.         Crossroads

21.         DTA Motels (Various Sites)

22.         Day Care and School Outreach, Including

         Horizons for Homeless Children, Dorchester

         Jamaica Plain and Roxbury

23.         Dove

24.         Entre Familia

25.         Families In Transition

26.         Family House Shelter

27.          Father Bill’s Place


28.         Finex House

29.         Friends of the Homeless of the South Shore

30.         Friends of the Unborn I

31.         Friends of the Unborn II

32.         Hestia House

33.         Hildebrand Family Shelter I, Dorchester

34.         Hildebrand Family Shelter II, Dorchester

35.          Hope Found, Including Stay-In Beds

36.         Hope Found Transitional Living Program

37.         Housing Families, Inc.

38.         Jean Yawkey Place Clinic (formerly BMC

         Homeless Primary Care)

39.         Joelyn’s Place (Victory Programs)

40.         Kingston House

41.         Latinas Y Ninas

42.         Life House, Columbia Road

43.         Life House, Stoughton Street

44.         Long Island Shelter

45.          Long Island Shelter Annex

46.         Margaret’s House

47.         Massachusetts General Hospital ED

48.         Massachusetts General Hospital Homeless

         Primary Care

49.         Massachusetts General Hospital Inpatient

         Rounds

50.         Massachusetts Mental Health Center

51.         Metropolitan Boston Housing (Scattered

         Sites)

52.         Millenium House #1

53.         Millenium House #2

54.         Nazareth Residence


55.         New Chardon Street Shelter

56.         New England Shelter for Homeless

         Veterans

57.         Night Center, Boston

58.         North Beacon Inn

59.         Olivia’s Place

60.         Pilgrim Shelter

61.         Pine Street Inn Men’s Clinic

62.         Pine Street Inn Women’s Clinic

63.         Portis Family House

64.         Project Hope

65.         Queen of Peace Shelter

66.         Renewal House

67.          Revision House

68.         Rosie’s Place

69.         Roxbury Family Shelter

70.         Safe Harbor        

71.         Sandra’s Lodge

72.         SOAR

73         Sojourner House

74.         South End Community Health Center

75.         St. Ambrose

76.         St. Francis House

77.         St. John’s Church

78.         St. Mary’s Women’s and Infants’ Center

79.         Street Outreach, Including:

         Geographic Area, Boston

         Geographic Area, South Shore

         Scattered Site Apartments (Housing First)

         Van (Needle Exchange)

         Van (Pine Street Inn)

80.         Suffolk Downs (Eighth Pole)

81.         Transitions

82.         Women’s Lunch Place

83.         Women’s Transition Center

84.         Woods Mullen Shelter



                                                                                                                             

COLLABORATIONS:


Boston Health Net (OHCA), Including:

         BMC (Health Net Admin. Office)

         Codman Square Health Center

         Dorchester House Multi-Service Center

         East Boston Neighborhood Health Center

         Geiger-Gibson Community Health

         Greater Roslindale Medical and Dental

         Center

         Harvard Street Neighborhood Health

         Center

         Health Care for the Homeless

         Mattapan Community Health Center

         Neponset Health Center

         Roxbury Comprehensive Community

         Health Center

         South Boston Community Health Center


Boston Health Net (OHCA), Continued:

         South End Community Health Center

         Upham’s Corner Health Center

         Whittier Street Neighborhood Health

         Center

         Manet Community Health Center, Quincy

 

OTHER  COLLABORATIONS:

         Above and Beyond, Brookview,

         (Dorchester and Roxbury)

         Boston Public Health Commission

         Boston Public Schools, Outreach

         Cambridge Health Alliance, including:

         Cambridge and Somerville Health Care

         for the Homeless

         Hope Found


OTHER  COLLABORATIONS (Continued):

         LARC

         Lemuel Shattuck Hospital

         Mass Mental Health

         Metro Boston Housing

         New England Eye Institute

         President’s Church, Quincy

         St. Francis Mental Health

         South End Community Health Center