NOTICE OF PRIVACY PRACTICE
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.
1. WHO WE ARE:
CarePoint Hospitals (“CarePoint” or “us” or “we”) is a member of Africa Health Holdings, Ltd. This notice describes the privacy practices of CarePoint Hospitals and the physicians, nurses, technicians and other individuals who work at or in conjunction with CarePoint Hospitals.
2. OUR COMMITMENT TO PATIENT PRIVACY:
We are dedicated to maintaining the privacy of your medical information. As a part of our continued mission to provide quality healthcare services, we comprehensively create records regarding you and the treatment and services we provide to you (including records relating to psychiatric treatment, drug and alcohol treatment or abuse or HIV status, if any). These records are legally our property; however, we are also required by law and our code of ethics to maintain the privacy of medical and health information about you (“Protected Health Information” or “PHI”) and to provide you with this Notice of our legal duties and privacy practices with respect to PHI. When we use or disclose PHI, we are required to abide by the terms of this Notice (or other notice in effect at the time of the use or disclosure).
3. AUTHORIZED USE AND DISCLOSURES:
Authorization – We may use or disclose PHI only when (1) you provide us with verbal/written permission on a form (“Your Authorization”) depending on the national legal requirement for said use and/or disclosure, including for certain marketing activities, sale of health information, and (with some exceptions) the disclosure of psychotherapy notes about you, or (2) there is an exception described in Section 4. Further, except to the extent that we have taken action in reliance upon it, you may revoke Your Authorization by delivering a written revocation statement to the Privacy Officer identified in Section 7.
4.Genetic Information :
Except in certain cases (such as a paternity test for a court proceeding, anonymous research, newborn screening requirements or pursuant to a court order), we will obtain Your Authorization prior to obtaining or retaining your genetic information (for example, your DNA sample). We may use or disclose your genetic information for any reason only when Your Authorization expressly refers to your genetic information or when disclosure is permitted under national law (including, for example, when disclosure is necessary for the purposes of a criminal investigation, to determine paternity, newborn screening, identifying your body or as otherwise authorized by a court order).
5.AIDS/HIV/Venereal Diseases :
If PHI contains AIDS or HIV related information, that information is confidential and generally will not be disclosed without Your Authorization expressly releasing AIDS or HIV related information. However, such information may be released without Your Authorization to medical personnel directly involved in your medical treatment. If you are deemed to lack decision-making capacity, we may release such information (only if necessary and unless you request otherwise) to the person responsible for making healthcare decisions on your behalf (spouse, primary caretaking partner, an appropriate family member, etc.). Under certain circumstances, such information may also be released without Your Authorization for scientific research, certain audit and management functions, and as may otherwise be allowed or required by law or court order.
6.Alcohol/Drug Abuse Programs :
If PHI contains information related to treatment provided in one of our alcohol or drug abuse programs, that information is confidential and shall not be disclosed without Your Authorization expressly releasing alcohol or drug abuse related information except in accordance with applicable law including federal regulations regarding the confidentiality of alcohol and drug patient records.
NON-AUTHORIZED USE AND DISCLOSURES:
Use and/or Disclosure for Treatment, Payment and Healthcare Operations – Except as noted in Sections 3 (I), (II), and (III), we may use and/or disclose PHI without Your Authorization for treatment provided to you, obtaining payment for services provided to you and for healthcare operations (e.g., internal administration, quality improvement, customer service, etc.), as detailed below:
Treatment. We use and disclose your PHI to provide quality care and other services to you - for example, a doctor treating your injury or illness may ask another doctor about your overall health condition. CarePoint Healthcare providers with permitted access to our Open-Source Electronic Medical Record System, OpenMRS HealthAdm, can also electronically view and use your PHI for the sole purpose of providing treatment to you.
Payment. We may use and disclose your PHI to obtain payment for services that we provide to you - for example, disclosures to claim and obtain payment from your health insurer, HMO, or other company that arranges or pays the cost of some or all of your healthcare (“Your Payor”) to verify that Your Payor will pay for your healthcare. We may also disclose your PHI to another healthcare provider for the payment activities of that healthcare provider.
Healthcare Operations. We may use and disclose your PHI for our healthcare operations, which include internal administration and planning and various activities that improve the quality and cost effectiveness of the care that we deliver to you (including operating and troubleshooting our health information technology). For example, we may use your PHI to evaluate the quality and competence of our physicians, nurses and other healthcare workers. In addition, we may disclose your PHI to external licensing or accrediting bodies for purposes of hospital licensure and review. We may disclose your PHI to our patient representatives in order to resolve any complaints you may have and ensure that you have a comfortable visit with us. Under certain circumstances, we may disclose your PHI to another healthcare provider to assist the healthcare operations of that healthcare provider, if they have previously treated or examined you and your PHI pertains to that treatment or examination.
2. Relatives and Close Friends – We may disclose your PHI to a family member, other relative, a close personal friend or any other person identified by you when you are present for, or otherwise available prior to, the disclosure, if we:
(1) obtain your agreement;
(2) provide you with the opportunity to object to the disclosure and you do not object; or
(3) reasonably infer that you do not object to the disclosure. If you are not present, or the opportunity to agree or object to a use or disclosure cannot practicably be provided because of your incapacity or an emergency circumstance, we may exercise our professional judgment to determine whether a disclosure is in your best interest. If we disclose information to a family member, other relative, a close personal friend or other person identified by you, we would disclose only information that is directly relevant to the person’s involvement with your healthcare payment related to your healthcare or needed for notification purposes.
3. Public Health – We may disclose PHI for public health activities and purposes, including, without limitation:
(1) to report health information to public health authorities for the purpose of preventing or controlling disease, injury or disability;
(2) to report child abuse and neglect to public health authorities or other government authorities authorized by law to receive such reports;
(3) to report information about banned products under national jurisdiction;
(4) to alert a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition;
(5) to report information to your employer as required under laws addressing work-related illnesses and injuries or workplace medical surveillance; and
(6) to report your immunization status to your school if your school is required to have proof of your immunization and you or your parent or guardian agrees to the disclosure.
4. Health Oversight – We may disclose your PHI to a health oversight agency that oversees CarePoint care provision facilities and ensures compliance with the rules of any applicable government health programs.
Judicial and Administrative Proceedings – We may disclose your PHI in the course of a judicial or administrative proceeding in response to a legal order or other lawful process.
Law Enforcement Officials – We may disclose your PHI to the police or other law enforcement officials, including as required by law; in compliance with a court order; in response to a request for information about a victim of a crime, suspect, fugitive, witness, or missing person; or to report a death, crime, or emergency situation.
Decadents, Organ and Tissue Transplants – We may disclose your PHI to a coroner or medical examiner as authorized by law. We may also release medical information about patients to a funeral director as necessary to carry out his or her duties. Additionally, we may disclose your PHI to organizations that facilitate organ, eye or tissue procurement, banking or transplantation.
Abuse, Neglect or Domestic Violence – If we reasonably believe that you are a victim of abuse, neglect or domestic violence, we may disclose your PHI to a government authority, including social service or protective services agencies, authorized by law to receive reports of such abuse, neglect or domestic violence.
5.YOUR INDIVIDUAL RIGHTS:
Additional Information and/or Complaints – If you desire further information about your privacy rights, are concerned that we have violated your privacy rights, or disagree with a decision that we made about access to your PHI, you may contact our Privacy Officer.
Request for Additional Restrictions – You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may decline to do so, if it would affect your care. If you pay for a service or healthcare item, out-of-pocket, and in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will agree to your request, unless a law requires us to share that information. If you wish to request additional restrictions, please email our privacy officer at email@example.com. Please include a contact phone number and we will respond to you by telephone or email.
Inspection and Copies of Your Health Records – You may request access to your medical record file and billing records maintained by us in order to inspect and request copies of the records. Under limited circumstances, we may deny you access to a portion of your records. If you desire access to your records, please obtain a record request form from, and submit the completed form to, our Privacy Officer. You should take note that, if you are a parent or legal guardian of a minor, certain portions of the minor’s medical record may not be accessible to you in accordance with applicable law (for example, records relating to pregnancy, abortion, sexually transmitted disease, substance use and abuse, contraception and/or family planning services).
Amendment of Your Health Records – You have the right to request that we amend PHI maintained in your medical record file or billing records. If you desire to amend your records, please obtain an amendment request form from, and submit the completed form to, our Privacy Officer. We have the right to deny your request for amendment. If we deny your request for an amendment, we will provide you with a written explanation addressing our reason(s) for denying your request, and we shall explain your rights.
Paper Copies Of This Notice – Upon request, you may obtain a paper copy of this notice, even if you agreed to receive such notice electronically. You can also access this notice on our websites:
6. EFFECTIVE DATE/DURATION OF THIS NOTICE:
Effective Date: This notice is effective as of 3rd December, 2018.
Revision Date: Not Available.
7. PRIVACY OFFICER:
You may contact the Privacy Officer at:
Patrick D. Dasoberi
Telephone Number: +233 20 29541 29