California Armenian Home- Privacy Practices not practiced

California Armenian Home has a facility that abuses patient information, patient's care or condition is frequently discussed among staff.  As well as some staff have unprofessionally, eavesdropped on conversations, blurted out diagnosis, not left patient's room when requested by family, stalked family member with camera, leaving station unattended goes to other nursing stations to gossip and carry on with social network sites and texting each other.  This unprofessionalism would never happen at the Ararat Home in Southern California.
http://www.ararathome.org

Here is part of their PRIVACY policy and they DO have the patient bill of rights posted in their nursing homes.   California Armenian Home pay attention to 1. k and o     2. E c and f   F. on how to file Complaints and how RETAILATION WILL NOT HAPPEN. 

ARARAT NURSING FACILITY

NOTICE OF PRIVACY PRACTICES
FOR 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 REVIEW IT CAREFULLY

A.        INTRODUCTION

During the course of providing services and care to you, Ararat Nursing Facility gathers, creates, and retains certain personal information about you that identifies who you are and relates to your past, present, or future physical or mental condition, the provision of health care to you, and payment for your health care services.  This personal information is characterized as your “protected health information.”  This Notice of Privacy Practices describes how Ararat Nursing Facility   maintains the confidentiality of your protected health information, and informs you about the possible uses and disclosures of such information.  It also informs you about your rights with respect to your protected health information.

B.        ARARAT NURSING FACILITY’S RESPONSIBILITIES

Ararat Nursing Facility is required by federal and state law to maintain the privacy of your protected health information.  Ararat Nursing Facility is also required by law to provide you with this Notice of Privacy Practices that describes Ararat Nursing Facility’s legal duties and privacy practices with respect to your protected health information.  Ararat Nursing Facility will abide by the terms of this Notice of Privacy Practices.  Ararat Nursing Facility reserves the right to change this or any future Notice of Privacy Practices and to make the new notice provisions effective for all protected health information that it maintains, including protected health information already in its possession.  If Ararat Nursing Facility changes its Notice of Privacy Practices, it will personally deliver or mail a revised notice to you at your current address.

C.        USE AND DISCLOSURE WITH YOUR AUTHORIZATION

Ararat Nursing Facility will require a written authorization from you before it uses or discloses your protected health information, unless a particular use or disclosure is expressly permitted or required by law without your authorization.  Ararat Nursing Facility has prepared an authorization form for you to use that authorizes Ararat Nursing Facility to use or disclose your protected health information for the purposes set forth in the form.  You are not required to sign the form as a condition to obtaining treatment or having your care paid for.  If you sign an authorization, you may revoke it at any time by written notice.  Ararat Nursing Facility then will not use or disclose your protected health information, except where it has already relied on your authorization.

D.        HOW ARARAT NURSING FACILITY MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION WITHOUT YOUR AUTHORIZATION

1.         Permissive Disclosures

Ararat Nursing Facility may, in its discretion, use or disclose your protected health without your written authorization in the following circumstances:

a.         Your Care and Treatment

Ararat Nursing Facility may use or disclose your protected health information to provide you with or assist in your treatment, care and services.  For example, Ararat Nursing Facility may disclose your health information to health care providers who are involved in your care to assist them in your diagnosis and treatment, as necessary.  Ararat Nursing Facility may also disclose your protected health information to individuals who will be involved in your care if you leave the facility. 

b.         Billing and Payment

i.          Medicare, Medi-Cal and Other Public or Private Health Insurers – Ararat Nursing Facility may use or disclose your protected health information to public or private health insurers (including medical insurance carriers, HMOs, Medicare, and Medi-Cal) in order to bill and receive payment for your treatment and services that you receive at the facility.  The information on or accompanying a bill may include information that identifies you, as well as your diagnosis, procedures, and supplies used. 

ii.         Health Care Providers – Ararat Nursing Facility may also disclose your protected health information to health care providers in order to allow them to determine if they are owed any reimbursement for care that they have furnished to you and, if so, how much is owed.

c.         Health Care Operations

Ararat Nursing Facility may use your protected health information for health care operations at the facility.  These uses and disclosures are necessary to manage the facility and to monitor our quality of services and care.  For example, we may use your protected health information to review our services and to evaluate the performance of our staff in caring for you.

d.         Licensing and Accreditation

Ararat Nursing Facility may disclose your protected health information to any government or private agency, such as to the California Department of Health Services and the California Department of Social Services, responsible for licensing or accrediting the facility so that the agency can carry out its oversight activities.  These oversight activities include audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or actions; or other activities necessary for appropriate oversight.

e.         Ararat Nursing Facility’s Census Directory

Ararat Nursing Facility maintains a Census Directory of residents to allow staff to provide certain basic information to members of the clergy who serve at the facility or to other persons who ask for residents by name.  Unless you notify Ararat Nursing Facility that you object, it will include certain limited information about you, such as your name, your location, medical record number, and name of physician (only name and location will be given to clergy or others who ask about you) in the facility Census Directory.

f.          Individuals Involved in Your Care or Payment for Your Care

Unless you specifically object, Ararat Nursing Facility may disclose to a family member, other relative, a close personal friend, or to any other person identified by you, all protected health information directly relevant to such person’s involvement with your care or directly relevant to payment related to your care. Ararat Nursing Facility may also disclose your protected health information to these same individuals to assist in notifying them of your location, general condition, or death. 

g.         Disaster Relief

Ararat Nursing Facility may disclose your protected health information to a public or private entity authorized to assist in disaster relief efforts.

h.         Business Associates

Ararat Nursing Facility may contract with certain individuals or entities to provide services on its behalf.  Examples include data processing, quality assurance, legal, or accounting services.  Ararat Nursing Facility may disclose your protected health information to a business associate, as necessary, to allow the business associate to perform its functions on Ararat Nursing Facility’s behalf.  Ararat Nursing Facility will have a contract with its business associates that obligate the business associates to maintain the confidentiality of your protected health information. 

i.          Fundraising

Ararat Nursing Facility may use certain protected health information to contact you in an effort to raise money for the facility and its operations.  Ararat Nursing Facility may disclose the protected health information to business associates or to related foundations that it uses to raise funds for its own benefit.  Ararat Nursing Facility will disclose only your name, address, and phone number and the dates you receive health care services.  You may notify Ararat Nursing Facility in writing if you object to such disclosures.

j.          Research

Ararat Nursing Facility may disclose your protected health information for research purposes, provided that an outside Institutional Review Board overseeing the research approves the disclosure of the information without a written authorization. 

k.         PIQI Review

Ararat Nursing Facility may disclose your protected health information to PIQI (Performance Improvement Quality Improvement) committee        to aid in the process of improvement.

l.          Medical Examiner or Funeral Directors

Ararat Nursing Facility may disclose protected health information to a medical examiner or funeral director to allow them to carry out their duties.

m.        Appointment Reminders

Ararat Nursing Facility may use or disclose your protected health information to remind you about appointments. 

n.         Treatment Alternatives or Health-Related Benefits and Services

Ararat Nursing Facility may use or disclose your protected health information to inform you about treatment alternatives or health-related benefits and services that may be of interest to you. 

o.         Members of Workforce

It is Ararat Nursing Facility’s policy to allow members of its workforce to share residents’ protected health information with one another to the extent necessary to permit them to perform their legitimate functions on Ararat Nursing Facility’s behalf.  At the same time, Ararat Nursing Facility will work with and train its workforce members to ensure that there are no unnecessary or extraneous communications that will violate the rights of its residents to have the confidentiality of their protected health information maintained.

p.           Veterans

Ararat Nursing Facility may use and disclose to components of the Department of Veterans Affairs medical information about you to determine whether you are eligible for certain benefits.

q.           Workers’ Compensation

Ararat Nursing Facility may use or disclose your protected health information to comply with laws relating to workers’ compensation or similar programs.

2.           Mandatory Disclosures

Ararat Nursing Facility will disclose protected health information to outside persons or entities without your written authorization as required by law in the following circumstances:

a.         Court Order; Order of Administrative Tribunal

Ararat Nursing Facility will disclose protected health information in accordance with an order of a court or of an administrative tribunal of a government agency.

b.         Subpoena

Ararat Nursing Facility will disclose protected health information in accordance with a valid subpoena issued by a party to adjudication before a court, an administrative tribunal, or a private arbitrator.  Reasonable efforts will be made to notify you of the subpoena, or of efforts to obtain an order or agreement protecting your protected health information.

c.         Law Enforcement Agencies

Ararat Nursing Facility will disclose protected health information to law enforcement agencies in accordance with a search warrant, a court order or court-ordered subpoena, or an investigative subpoena or summons.

d.         Coroner

Ararat Nursing Facility will disclose protected health information to a coroner where the coroner requests the information to identify a decedent; to notify next of kin; or to investigate deaths that may involve public health concerns, suspicious circumstances, elder abuse, or organ or tissue donation.

e.         Elder Abuse Reporting

Ararat Nursing Facility will disclose protected health information about a resident who is suspected to be the victim of elder abuse to the extent necessary to complete any oral or written report mandated by law.  Under certain circumstances, Ararat Nursing Facility may disclose further protected health information about the resident to aid the investigating agency in performing its duties.  Ararat Nursing Facility will promptly inform the resident about any disclosure unless Ararat Nursing Facility believes that informing the resident would place the resident in danger of serious harm, or would be informing the resident’s personal representative, whom Ararat Nursing Facility believes to be responsible for the abuse, and believes that informing such person would not be in the resident’s best interest.

f.          National Security and Intelligence Activities, Protected Services for the President and Others

Ararat Nursing Facility will disclose protected health information about a resident to authorized federal officials conducting national security and intelligence activities or as needed to provide protection to the President of the United States, certain other persons or foreign heads of states, or to conduct certain special investigations.

g.         Other Disclosures Required by Law

Ararat Nursing Facility will disclose protected health information about a resident when otherwise required by law.

E.        YOUR RIGHTS REGARDING PROTECTED HEALTH INFORMATION

You have the following rights with respect to your protected health information.  To exercise these rights, contact Ararat Nursing Facility at the following address: Ararat Nursing Facility 15099 mission Hills Rd.  Mission Hills, CA 91345, Attention:  Compliance Officer.

a.         Right to Request Access

You have the right to inspect and copy your protected health information maintained by Ararat Nursing Facility.  In certain limited circumstances, Ararat Nursing Facility may deny your request as permitted by law.  However, you may be given an opportunity to have such denial reviewed by an independent licensed health care professional.

b.         Right to Request Amendment

You have the right to request an amendment to your protected health information maintained by Ararat Nursing Facility.  If your request for an amendment is denied, you will receive a written denial, including the reasons for such denial, and an opportunity to submit a written statement disagreeing with the denial.

c.         Right to Request Restriction

You have the right to request restrictions on the use and disclosure of your protected health information for treatment, payment or health care operations, or providing notifications regarding your identity and status to persons inquiring about or involved in your care.  Ararat Nursing Facility is not required to grant your request, but if it does, it will comply with your request, except in an emergency situation or until the restriction is terminated by you or Ararat Nursing Facility.

d.         Right to Request Confidential Communications

You have the right to request that Ararat Nursing Facility communicate protected health information to the recipient by alternative means or at alternative locations.

e.         Right to an Accounting

You have the right to receive an accounting of disclosures of your protected health information created and maintained by Ararat Nursing Facility over the six years prior to the date of your request or for a lesser period.  Ararat Nursing Facility is not required to provide an accounting of the following disclosures:

·          To carry out treatment, payment, and health care operations;

·          To respond to your requests for access to protected health information;

·          To include your information in the Ararat Nursing Facility’s Census Directory;

·          To aid in the identification or care of a resident; or

·          To any recipient prior to April 14, 2003 or for protected health information created more than six years before the date of your request for an accounting.

f.          Right to Receive a Copy of the Notice of Privacy Practices

You have the right to request and receive a copy of Ararat Nursing Facility’s Notice of Privacy Practices for Protected Health Information in written or electronic form.

F.         COMPLAINTS

If you believe that your privacy rights have been violated, you may file a complaint with Ararat Nursing Facility at the following address 15099 Mission Hills Road, Mission Hills, CA 91345 Attention: Compliance Officer. You also have the right to submit a complaint to the Secretary of the U.S. Department of Health and Human Services, 50 United Nations Plaza – Room 322, San Francisco, CA 94102, Attention OCR Regional Manager.  Ararat Nursing Facility will not retaliate against you if you file a compliant.

G.        FURTHER INFORMATION

If you have questions about this Notice of Privacy Practices or would like further information about your privacy rights, contact Ararat Nursing Facility at the following address 15099 Mission Hills Road, Mission Hills, CA 91345 Attention: Compliance Officer.