NOTICE OF NONDISCRIMINATION/FILING A GRIEVANCE

 

We comply with applicable federal civil rights laws (including for Maryland patients), and does not discriminate, exclude or treat people differently on the basis of social status, political belief, sexual preference, race, color, religion, national origin, age, sex or disability with regard to admission, access to treatment or employment.

We provide free aids and services to people with disabilities to communicate effectively with us, such as written information in other formats (large print, audio, accessible electronic formats, other formats); and free language services to people whose primary language is not English, such as information written in other languages. If you need these services, contact the Corporate Director of Rehabilitation.

If you believe that we have failed to provide these services or discriminated in any other way, you may file a grievance in person or by phone, by using the following contact information. If you need help filing a grievance, our Corporate Director of Rehabilitation is available to help: Corporate director of Rehabilitation; Phone: (410) 921-6846 or email:  [email protected].

It is the law for our company not to retaliate against anyone who opposes discrimination, files a grievance or participates in the investigation of a grievance.

Grievances must be submitted to this agency within 30 days of the date you become aware of the possible discriminatory action, and must state the problem and the solution sought. We will issue a written decision on the grievance based on a preponderance of evidence no later than 45 days after its filing, including a notice of your right to pursue further administrative or legal action. You may also file an appeal of our decision in writing to the Corporate Administrator within l0 days. The Corporate Administrator will issue a written response within 30 days after its filing.

The availability and use of this grievance procedure does not prevent you from pursuing other legal or administrative remedies.

Home Health Agency

Outcome and Assessment Information Set (OASIS)

STATEMENT OF PATIENT PRIVACY RIGHTS (Medicare/Medicaid)

As a home health patient, you have the privacy rights listed below.

  • You have the right to know why we need to ask you questions.
    We are required by law to collect health information to make sure:
    you get quality health care, and
    payment for Medicare and Medicaid patients is correct.
  • You have the right to have your personal health care information kept confidential.
    You may be asked to tell us information about yourself so that we will know which home health services will be
    best for you.
    We keep anything we learn about you confidential.
    This means, only those who are legally authorized to know, or who have a medical need to know, will see your                         personal health information.
  • You have the right to refuse to answer questions.
    We may need your help in collecting your health information.
    If you choose not to answer, we will fill in the information as best we can.
    You do not have to answer every question to get services.
  • You have the right to look at your personal health information.

    We know how important it is that the information we collect about you is correct.
    If you think we made a mistake, ask us to correct it.
    If you are not satisfied with our response, you can ask the Centers for Medicare & Medicaid Services,
    the federal Medicare and Medicaid agency, to correct your information.

You can ask the Centers for Medicare & Medicaid Services to see, review, copy, or correct your personal health information which that Federal agency maintains in its HHA OASIS System of Records. See the back of this Notice for CONTACT INFORMATION. If you want a more detailed description of your privacy rights, see the back of this Notice (on facing page):
PRIVACY ACT STATEMENT- HEALTH CARE RECORDS.

NOTICE ABOUT PRIVACY

For Patients Who DO NOT Have Medicare or Medicaid Coverage

  • As a home health patient, there are a few things that you need to know about our collection of your personal health care information.
    — Federal and State governments oversee home health care to be sure that we furnish quality home health care services, and that you, in particular, get quality home health care services,
    — We need to ask you questions because we are required by law to collect health information to make sure that you get quality health care services.
    — We will make your information anonymous. That way, the Centers for Medicare & Medicaid Services, the federal agency that oversees this home health agency, cannot know that the information is about you.
  • We keep anything we learn about you confidential.

    This is a Medicare & Medicaid Approved Notice

PRIVACY ACT STATEMENT- HEALTH CARE RECORDS

THIS STATEMENT GIVES YOU ADVICE REQUIRED BY LAW(the Privacy Act of 1974)

I . AUTHORITY FOR:COLLECTION OF YOUR INFORMATION, INCLUDING YOUR SOCIAL SECURITY NUMBER, AND WHETHER OR NOT YOU ARE REQUIRED TO PROVIDE INFORMATION FOR THIS ASSESSMENT. Sections – 1102(a), 1154, 1861(0), 1861(z), 1863, 1864, 1865, 1866, 1871, 1891(b) of the Social Security Act. 

Medicare and Medicaid participating home health agencies must do a complete assessment that accurately reflects your current health and includes information that can be used to show your progress toward your health goals. The home health agency must use the “Outcome and Assessment Information Set” (OASIS) when evaluating your health. To do this, the agency must get information from every patient. This information is used by the Centers for Medicare & Medicaid Services (CMS, the federal Medicare & Medicaid agency) to be sure that the home health agency meets quality standards and gives appropriate health care to its patients. You have the right to refuse to provide information for the assessment to the home health agency. If your information is included in an assessment,it is protected under the federal Privacy Act of 1974 and the “Home Health Agency Outcome and Assessment Information Set” (HHA OASIS) System of Records. You have the right to see, copy, review, and request correction of your information in the HHA OASIS System of Records.

ll. PRINCIPAL PURPOSES FOR WHICH YOUR INFORMATION IS INTENDED TO BE USED 

The information collected will be entered into the Home Health Agency Outcome and Assessment Information Set (HHA OASIS) System No. 09-70-9002. Your health care information in the HHA OASIS System of Records will be used for the following purposes: 

  • support litigation involving the Centers for Medicare & Medicaid Services; 
  • support regulatory, reimbursement, and policy functions performed within the Centers for Medicare & Medicaid Services or by a contractor or consultant; 
  • study the effectiveness and quality of care provided by those home health agencies; 
  • survey and certification of Medicare and Medicaid home health agencies;
  • provide for development, validation, and refinement of a Medicare prospective payment system;
  • enable regulators to provide home health agencies with data for their internal quality improvement activities;
  • support research, evaluation, or epidemiological projects related to the prevention of disease or disability, or the restoration or maintenance of health, and for health care payment related projects; and
  • support constituent requests made to a Congressional representative.

lIl. ROUTINE USES

These “routine uses” specify the circumstances when the Centers for Medicare & Medicaid Services may release your information from the HHA OASIS System of Records without your consent. Each prospective recipient must agree in writing to ensure the continuing confidentiality and security of your information. Disclosures of the information may be to: 

  1. the federal Department of Justice for litigation involving. the Centers for Medicare & Medicaid Services; 
  2. contractors or consultants working for the Centers for Medicare & Medicaid Services to assist in the performance of a service related to this system of records and who need to access these records to perform the activity; 
  3. an agency of a State government for purposes of determining, evaluating, and/or assessing cost, effectiveness, and/or quality of health care services provided in the State; for developing and operating Medicaid reimbursement systems; or for the administration of Federal/State home health agency programs within the State: 
  4. another Federal or State agency to contribute to the accuracy of the Centers for Medicare & Medicaid Services’ health insurance operations (payment, treatment and coverage) and/or to support State agencies in the evaluations and monitoring of care provided by HHA’s; 
  5. Quality Improvement Organizations, to perform Title XI or Title XVIII functions relating to assessing and improving home health agency quality of care; 
  6. an individual or organization for a research, evaluation, or epidemiological project related to the prevention of disease or disability, the restoration or maintenance of health, or payment related projects; 
  7. a congressional office in response to a constituent inquiry made at the written request of the constituent about whom the record is maintained.

IV. EFFECT ON YOU, IF YOU DO NOT PROVIDE INFORMATION

The home health agency needs the information contained in the Outcome and Assessment Information Set in order to give you quality care. It is important that the information be correct. Incorrect information could result in payment errors. Incorrect information also could make it hard to be sure that the agency is giving you quality services. If you choose not to provide information, there is no federal requirement for the home health agency to refuse you services.

NOTE: This statement may be included in the admission packet for all new home health agency admissions. Home health agencies may request you or your representative to sign this statement to document that this statement was given to you. Your signature is NOT required. If you or your representative sign the statement, the signature merely indicates that you received this statement. You or your representative must be supplied with a copy of this statement

CONTACT INFORMATION
If you want to ask the Centers for Medicare & Medicaid Services to see, review, copy, or correct your personal health information that the Federal agency maintains in its HHA OASIS System of Records: Call 1-800-MEDICARE,toll free, for assistance in contacting the HHA OASIS System Manager. TTY for the hearing and speech impaired: 1-877-486-2048.

HIPAA NOTICE OF PRIVACY PRACTICES

In compliance with HIPAA —The Health Insurance Portability and Accountability Act of 1996 If you are a client of Human Touch Home Health this notice describes how your medical information may be used and disclosed and how you can get access to this information. Please review this notice carefully.

I. USES AND DISCLOSURES

The agency will not disclose your health information without your authorization, except as described in this notice.

Plan of Care/Treatment. The agency will use your health information for the plan of care/treatment; for example, information obtained by a nurse/therapist will be recorded in your record and used to determine the course of treatment. Your nurse/therapist and other health care professionals will communicate with one another personally and through the case record to coordinate care provided. You may receive more than one service (program) during your treatment period with such information shared between programs.

Payment. The agency will use your health information for payment for services rendered. For example, the agency may be required by your health insurer to provide information regarding your health care status so that the insurer will reimburse you or the agency. The agency may also need to obtain prior approval from your insurer and may need to explain to the insurer your need for home care and the services that will be provided to you.

Health Care Operations. The agency will use your health information for health care operations. For example, agency therapist, nurses, field staff, supervisors and support staff may use information in your case record to assess the care and outcomes of your case and others like it. This information will then be used in an effort to continually improve the quality and effectiveness of services we provide. Regulatory and accrediting organizations may review your case record to ensure compliance with their requirements.

Notification.  In an emergency, the agency may use or disclose health information to notify or assist in notifying a family member, personal representative or another person responsible for your care, of your location and general condition.

Workers’ Compensation. The agency may disclose health information to the extent authorized by and to the extent necessary to comply with laws relating to workers compensation or other similar programs established by the law.

Public Health. As required by federal and state law, the agency may disclose your health information to public health or legal authorities charged with preventing or controlling disease, injury or disability.

Law Enforcement. As required by federal and state law, the agency will notify authorities of alleged abuse/neglect; and risk or threat of harm to self or others. We may disclose health information for law enforcement purposes as required by law or in response to a valid subpoena.

Charges Against the Agency. In the event you should file suit against the agency, the agency may disclose health information necessary to defend such action.

Duty to Warn. When a client communicates to the agency a serious threat of physical violence against himself, herself or a reasonably identifiable victim or victims, the agency will notify either the threatened person(s) and/or law enforcement. The agency may also contact you about appointment reminders, treatment alternatives or for public relations activities. In any other situation, the agency will request your written authorization before using or disclosing any identifiable health information about you. If you choose to sign such authorization to disclose information, you can revoke that authorization to stop any future uses and disclosures.

The agency is required by law to notify our patients in case of a breach of their unsecured protected health information when it has been or is reasonably believed to have been accessed, acquired, used or disclosed in violation of privacy regulations.

II. INDIVIDUAL RIGHTS

You have the following rights with respect to your protected health information:

  1. You may request in writing that the agency not use or disclose your information for treatment, payment or administration purposes or to persons involved in your care except when specifically authorized by you, when required by law, or in emergency situations. The agency will consider your request; however, the agency is not legally required to accept it. You have the right to request that your health information be communicated to you in a confidential manner such as sending mail to an address other than your home.
  2. You have the right to restrict disclosure of information to a health plan for payment if you have paid in full for the services and items provided in your care.
  3. Within the limits of the statutes and regulations, you have the right to inspect and copy your protected health information. If you request copies, the agency will charge you a reasonable amount, as allowed by statute. You have the right to request that information held in an electronic format be provided to you electronically.
  4. If you believe that information in your record is incorrect or if important information is missing, you have the right to submit a request to the agency to amend your protected health information by correcting the existing information or adding the missing information.
  5. You have the right to receive an accounting of disclosures of your protected health information made by the agency for certain reasons, including reason related to public purposes authorized by law and certain research. The request for an accounting must be made in writing to Privacy Officer. The request should specify the time period for the accounting starting on or after April 14, 2003, Accounting request may not be made for periods of time in excess of six (6) years. The agency would provide the first accounting you request during any 12-month period without charge. Subsequent accounting request may be subject to a reasonable cost based fee.
  6. If this notice was sent to you electronically, you may obtain a paper copy of the notice upon request to the agency.

lll. AGENCY’S DUTIES

  1. The agency is required by law to maintain the privacy of protected health information and to provide individuals with notice of its legal duties and privacy practices with respect to protected health information.
  2. The agency is required to abide by the terms of this Notice of its duties and privacy practices. The agency is required to abide by the terms of this Notice as may be amended from time to time.
  3. The agency reserves the right to change the terms of this Notice and to make the new Notice provisions effective for all protected health information that it maintains. Prior to making any significant changes in our policies, the agency will change its Notice and provide you with a copy. You can also request a copy of our Notice at any time. For more information about our privacy practices, please contact the office at (410)921-6846.

IV. COMPLAINTS

If you are concerned that the agency has violated your privacy rights, or you disagree with a decision the agency made about access to your records, you may contact the office at (410)921-6846

You may also send a written complaint to the Privacy Officer or Administrator. You may contact this person at:

FirstStep Rehab, LLC
[email protected]

You may also file complaints with:
U.S. Department of Health and Human Services
200 Independence Ave. S.W.; Washington, DC 20201
(202) 619-0257; Toll Free: 1-877-696-6775