Patient Rights and Responsibilities
PATIENT’S BILL OF RIGHTS
SPECIALTY SURGERY CENTER believe patients’ rights are of primary importance for proper and complete health care delivery. Each patient receiving service at our facility shall have the following rights:
1. Treated with courtesy, consideration, respect and recognition of your dignity and individuality and the right to privacy, including but not limited to, auditory and visual privacy and medical record information.
2. To not be discriminated against because of age, race religion, sex, nationality, or deprived of any constitutional, civil and/or legal rights.
3. To be informed of these rights and explained these rights in terms you can understand, language you understand, and in a culturally-sensitive way.
4. To be informed of services available in the facility, of names, of professional status/credentials/insurance of the personnel providing and/or responsible for his/her care, and of fees and related charges, including payment, fee, deposit and refund policy of the facility and any charges for service not covered by sources of third party payment or not covered by the facility’s basic rate.
5. You also shall have a right to change physicians, refuse or allow their participation in his/her treatment.
6. To receive from your physician(s) or clinical practitioner(s), in understandable terms, language you understand, and in a culturally-sensitive way, an explanation of your complete medical/health condition or diagnosis, evaluation, recommended treatment, options (including the option of no treatment), risk(s) of treatment and expected result(s). If this information would be detrimental to your health, or if you are not capable of understanding the information, the explanation shall be provided to your next kin or guardian. This release of information to the next of kin or guardian, along with the reason for not information the patient directly, shall be documented in your medical record.
7. To participate in the planning of your treatment and to refuse medication and treatment. Such refusal shall be documented in your medical record.
8. You may refuse or choose to participate in experimental research, including the investigation of new drugs and medical devices.
9. To voice and receive a verbal/written response to grievances or recommended changes in policies and services to facility personnel, the governing authority and/or outside representatives of his/her choice, either individually or as a group, and free form restraint, interference, coercion, discrimination or reprisal.
10. To be free from mental and physical abuse, free from exploitation and free from use of restraints, unless they are authorized by physician for a limited period of time to protect the patient or others from injury. Drugs and other medications shall not be used for discipline of patients or for the convenience of facility personnel.
11. To confidential treatment of information about any patient. Information in the patient’s medical record shall not be released to anyone outside the facility without his/her approval, unless another healthcare facility to which he/she was transferred requires the information; or unless the information is required and permitted by law, a third-party contract or a peer review; or unless the information is needed by the Tennessee State Department of Health for statutorily authorized purposes.
12. To request information regarding services available at the Center, provisions for after-hours and emergency care and advanced directives living will.
13. To receive information about fees for services and payment policies.
PATIENT’S RESPONSIBILITIES:
Each patient receiving service at our Surgical Center shall have the following responsibilities:
1. To give us complete and detailed information regarding your past and present medical surgical conditions.
2. To inform us of any and all drugs/herbal supplements taken, either prescription or non-prescription.
3. To assume complete responsibility for payment of services provided.
4. Patients are responsible for medical and related consequences resulting from the refusal of treatment or from not following instructions of physicians and/or Center’s personnel.
5. To be considerate of the assets and employees of the Center.
6. You must have a responsible escort/driver if receiving anesthesia other than local anesthesia.
The office of Medicare Ombudsman (OMO) helps people with Medicare complaints, grievances, and information requests. If you feel that your rights as a patient have been violated, you may file a grievance at the following sites:
CONTACT INFORMATION:
MEDICARE: 1800 Center Street MEDICAID: PO BOX 1465
Camp Hill, PA 1089-0413 ATTENTION: WRITTEN INQUIRY
1-800 MEDICARE Nashville, TN 37247
1-800-776-6334
Division of Health Facilities Evaluation and Licensing
Tennessee State Department of Health
Cordell Hull Building
425 5th Avenue North
Nashville, TN
1-800-792-9770
http://www.medicare.gov/claims-and-appeals/medicare-rights/get-help/ombudsman.html
If you have questions, would like additional information, or want to report a problem regarding the handling of your healthcare information, you may contact our Corporate Compliance Officer.
Specialty Surgery Center
Attn: Corporate Compliance Officer
322 22nd Ave. North
Nashville, TN 37203
Telephone #: 615-321-6161
FAX #: 615-645-9870
Additionally, if you believe your privacy rights have been violated, you may file a written complaint at Specialty Surgery Center. You may also file a complaint with the Secretary of Health and Human Services at:
U.S. Department of Health and Human Services Office of Civil Rights
200 Independence Avenue, SW
Room 515F HHH Bldg.
Washington, D.C. 20201
Internet Site: www.hhs.gov/ocr
Or at the OCR Regional Office for Tennessee at:
U.S. Department of Health and Human Services
Office of Civil Rights
Atlanta Federal Center, Suite 3B70
61 Forsyth Street
SW Atlanta, GA 30303-8909
· We cannot, and will not, require you to waive the right to file a complaint with the Secretary of Health and Human Services (HHS) as a condition of receiving treatment from the office.
· We cannot, and will not, retaliate against you for filing a complaint with the Secretary of Health and Human Services.
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW HEALTH 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 Official by dialing the main facility number at
(615) 321.6161.
Each time you visit a hospital, physician, or other healthcare provider, a record of your visit is made. Typically, this record contains your symptoms, examination and test results, diagnoses, treatment, a plan for future care or treatment, and billing-related information. This notice applies to all of the records of your care generated by the facility, whether made by facility personnel, agents of the facility, or your personal doctor. Your personal doctor may have different policies or notices regarding the doctor’s use and disclosure of your health information created in the doctor’s office or clinic.
Our Responsibilities: We are required by law to maintain the privacy of your health information, provide you a description of our privacy practices, and to notify you following a breach of unsecured protected health information. We will abide by the terms of this notice.
Uses and Disclosures:
How we may use and disclose Health Information about you.
The following categories describe examples of the way we use and disclose health information:
For Treatment: We may use health information about you to provide you treatment or services. We may disclose health information about you to doctors, nurses, technicians, medical students, or other facility personnel who are involved in taking care of you at the facility. For example: a doctor treating you for a broken leg may need to know if you have diabetes because diabetes may slow the healing process. Different departments of the facility also may share health information about you in order to coordinate the different things you may need, such as prescriptions, lab work, meals, and x-rays.
We may also provide your physician or a subsequent healthcare provider with copies of various reports that should assist him or her in treating you once you’re discharged from this facility.
For Payment: We may use and disclose health information about your treatment and services to bill and collect payment from you, your insurance company or a third party payer. For example, we may need to give your insurance company information about your surgery so they will pay us or reimburse you for the treatment. We may also tell your health plan about treatment you are going to receive to determine whether your plan will cover it.
For Health Care Operations: Members of the medical staff and/or quality improvement team may use information in your health record to assess the care and outcomes in your case and others like it. The results will then be used to continually improve the quality of care for all patients we serve. For example, we may combine health information about many patients to evaluate the need for new services or treatment. We may disclose information to doctors, nurses, and other students for educational purposes. And we may combine health information we have with that of other facilities to see where we can make improvements. We may remove information that identifies you from this set of health information to protect your privacy.
Fundraising: We may contact you to raise funds for the facility; however, you have the right to elect not to receive such communications.
We may also use and disclose health information:
- To remind you that you have an appointment for medical care;
- To assess your satisfaction with our services;
- To tell you about possible treatment alternatives;
- To tell you about health–related benefits or services;
- For population based activities relating to improving health or reducing health care costs;
- For conducting training programs or reviewing competence of health care professionals; and
- To a Medicaid eligibility database and the Children’s Health Insurance Program eligibility database, as applicable.
When disclosing information, primarily appointment reminders and billing/collections efforts, we may leave messages on your answering machine/voice mail.
Business Associates: There are some services provided in our organization through contracts with business associates. Examples include physician services in the emergency department and radiology, certain laboratory tests, and a copy service we use when making copies of your health record. When these services are contracted, we may disclose your health information to our business associates so that they can perform the job we’ve asked them to do and bill you or your third-party payer for services rendered. To protect your health information, however, business associates are required by federal law to appropriately safeguard your information.
Directory: We may include certain limited information about you in the facility directory while you are a patient at the facility. The information may include your name, location in the facility, your general condition (e.g., good, fair) and your religious affiliation. This information may be provided to members of the clergy and, except for religious affiliation, to other people who ask for you by name. If you would like to opt out of being in the facility directory please request the Opt Out Form from the admission staff or Facility Privacy Official.
Individuals Involved in Your Care or Payment for Your Care and/or Notification Purposes: We may release health information about you to a friend or family member who is involved in your medical care or who helps pay for your care or to notify, or assist in the notification of (including identifying or locating), a family member, your personal representative, or another person responsible for your care of your location and general condition. In addition, we may disclose health information about you to an entity assisting in a disaster relief effort in order to assist with the provision of this notice.
Research: The use of health information is important to develop new knowledge and improve medical care. We may use or disclose health information for research studies but only when they meet all federal and state requirements to protect your privacy (such as using only de-identified data whenever possible). You may also be contacted to participate in a research study.
Future Communications: We may communicate to you via newsletters, mail outs or other means regarding treatment options, health related information, disease-management programs, wellness programs, research projects, or other community based initiatives or activities our facility is participating in.
Organized Health Care Arrangement: This facility and its medical staff members have organized and are presenting you this document as a joint notice. Information will be shared as necessary to carry out treatment, payment and health care operations. Physicians and caregivers may have access to protected health information in their offices to assist in reviewing past treatment as it may affect treatment at the time.
Affiliated Covered Entity: Protected health information will be made available to facility personnel at local affiliated facilities as necessary to carry out treatment, payment and health care operations. Caregivers at other facilities may have access to protected health information at their locations to assist in reviewing past treatment information as it may affect treatment at this time. Please contact the Facility Privacy Official for further information on the specific sites included in this affiliated covered entity.
Health Information Exchange/Regional Health Information Organization: Federal and state laws may permit us to participate in organizations with other healthcare providers, insurers, and/or other health care industry participants and their subcontractors in order for these individuals and entities to share your health information with one another to accomplish goals that may include but not be limited to: improving the accuracy and increasing the availability of your health records; decreasing the time needed to access your information; aggregating and comparing your information for quality improvement purposes; and such other purposes as may be permitted by law.
As required by law. We may disclose information when required to do so by law.
As permitted by law, we may also use and disclose health information for the following types of entities, including but not limited to:
- Food and Drug Administration
- Public Health or Legal Authorities charged with preventing or controlling disease, injury or disability
- Correctional Institutions
- Workers Compensation Agents
- Organ and Tissue Donation Organizations
- Military Command Authorities
- Health Oversight Agencies
- Funeral Directors and Coroners
- National Security and Intelligence Agencies
- Protective Services for the President and Others
- A person or persons able to prevent or lessen a serious threat to health or safety
Law Enforcement: We may disclose health information to a law enforcement official for purposes such as providing limited information to locate a missing person or report a crime.
For Judicial or Administrative Proceedings: We may disclose protected health information as permitted by law in connection with judicial or administrative proceedings, such as in response to a court order, search warrant or subpoena.
Authorization Required: We must obtain your written authorization in order to use or disclose psychotherapy notes, use or disclose your protected health information for marketing purposes, or to sell your protected health information.
State-Specific Requirements: Many states have requirements for reporting including population-based activities relating to improving health or reducing health care costs. Some states have separate privacy laws that may apply additional legal requirements. If the state privacy laws are more stringent than federal privacy laws, the state law preempts the federal law.
Your Health Information Rights
Although your health record is the physical property of the healthcare practitioner or facility that compiled it, you have the Right to:
- Inspect and Copy: You have the right to inspect and obtain a copy of the health information that may be used to make decisions about your care. Usually, this includes medical and billing records, but does not include psychotherapy notes. We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to health information, you may request that the denial be reviewed. Another licensed health care professional chosen by the facility will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.
- Amend:If you feel that health information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the facility. Any request for an amendment must be sent in writing to the Facility Privacy Official. We may deny your request for an amendment and if this occurs, you will be notified of the reason for the denial.
- An Accounting of Disclosures: You have the right to request an accounting of disclosures. This is a list of certain disclosures we make of your health information for purposes other than treatment, payment or health care operations where an authorization was not required.
- Request Restrictions: You have the right to request a restriction or limitation on the health information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the health information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery you had. Any request for a restriction must be sent in writing to the Facility Privacy Official.
- We are required to agree to your request only if 1) except as otherwise required by law, the disclosure is to your health plan and the purpose is related to payment or health care operations (and not treatment purposes), and 2) your information pertains solely to health care services for which you have paid in full. For other requests, we are not required to agree. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment.
- Request Confidential Communications: You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you may ask that we contact you at work instead of your home. The facility will grant reasonable requests for confidential communications at alternative locations and/or via alternative means only if the request is submitted in writing and the written request includes a mailing address where the individual will receive bills for services rendered by the facility and related correspondence regarding payment for services. Please realize, we reserve the right to contact you by other means and at other locations if you fail to respond to any communication from us that requires a response. We will notify you in accordance with your original request prior to attempting to contact you by other means or at another location.
- A Paper Copy of This Notice: You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice.
- If the facility has a website you may print or view a copy of the notice by clicking on the Notice of Privacy Practices link.
To exercise any of your rights, please obtain the required forms from the Privacy Official and submit your request in writing.
CHANGES TO THIS NOTICE We reserve the right to change this notice and the revised or changed notice will be effective for information we already have about you as well as any information we receive in the future. The current notice will be posted in the facility and on our website and include the effective date. In addition, each time you register at or are admitted to the facility for treatment or health care services as an inpatient or outpatient, we will offer you a copy of the current notice in effect.
COMPLAINTS If you believe your privacy rights have been violated, you may file a complaint with the facility by following the process outlined in the facility’s Patient Rights documentation. You may also file a complaint with the Secretary of the Department of Health and Human Services. All complaints must be submitted in writing.
You will not be penalized for filing a complaint.
OTHER USES OF HEALTH INFORMATION Other uses and disclosures of health information not covered by this notice or the laws that apply to us will be made only with your written authorization. If you provide us permission to use or disclose health information about you, you may revoke that authorization, in writing, at any time. If you revoke your authorization, we will no longer use or disclose health information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your authorization, and that we are required to retain our records of the care that we provided to you.
CONTACT INFORMATION:
Tennessee State Department of Health
Cordell Hull Building
425 5th Avenue North
Nashville, TN
1-800-792-9770
ACCEPTANCE & RECEIPT OF THE PATIENT’S BILL OF RIGHTS:
**(to be completed at facility on day of surgery, below info given for reference only)**
The ORAL FACIAL SURGERY CENTER d/b/a SPECIALTY SURGERY CENTER has issued, you the patient, a copy of your Patient Bill of Rights and your Patient Responsibilities.
This signature form will be retained in your Patient File for one year.
Signature of receipt of this document means that you physically received a copy of your Patient Bill of Rights and your Patient Responsibilities and does not imply anything other.
Patient Signature: __________________________________ Date:_______________
Patient Guardian or Representative: __________________________Date: _________
Relationship to the Patient: _______________________________________________
Witness: __________________________________________ Date: _______