Notice of Privacy Practices
CATAPULT HEALTH Notice of Privacy Practices
April 1, 2015
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.
USE AND DISCLOSURE OF HEALTH INFORMATION
This Notice describes the ways that CATAPULT HEALTH may use and disclose health information about our patients. The Privacy Rule of the Administrative Simplification provision of the Health Insurance Portability and Accountability Act of 1996 as amended by the Health Information Technology for Economic and Clinical Health Act, as modified by the Final Omnibus Rule (collectively “HIPAA”) requires that CATAPULT HEALTH protect the privacy and security of health information that identifies a patient, or where there is a reasonable basis to believe the information could be used to identify a patient. This information is called “protected health information, which we refer to hereinafter as â€œhealth information.â€ This Notice describes how CATAPULT HEALTH may use and disclose your health information, your rights as our patient, and our obligations regarding the use and disclosure of your health information.
DUTIES OF CATAPULT HEALTH
CATAPULT HEALTH is required by law to maintain the privacy of your health information as set forth in this Notice and to provide you this Notice of its duties and privacy practices with respect to your health information. CATAPULT HEALTH is required to abide by the terms of this Notice, which may be amended from time to time. CATAPULT HEALTH reserves the right to change the terms of this Notice and to make the new Notice provisions effective for all health information that it maintains. If CATAPULT HEALTH changes its policies and procedures, CATAPULT HEALTH will revise the Notice and will provide a copy of the revised Notice to you within sixty (60) days of the change.
THE FOLLOWING IS A SUMMARY OF THE CIRCUMSTANCES UNDER AND PURPOSES FOR WHICH YOUR HEALTH INFORMATION MAY BE USED AND DISCLOSED BY CATAPULT HEALTH. THE EXAMPLES INCLUDED WITH EACH CATEGORY DO NOT LIST EVERY TYPE OF USE OR DISCLOSURE THAT MAY FALL WITHIN THAT CATEGORY. EXCEPT AS OTHERWISE INDICATED, CATAPULT HEALTH DOES NOT NEED ANY TYPE OF AUTHORIZATION FROM YOU FOR THE FOLLOWING USES AND DISCLOSURES.
To Treat You.
CATAPULT HEALTH may use or disclose your health information to provide, coordinate or manage your healthcare and related services. We may consult with other healthcare providers regarding your treatment and coordinate and manage your healthcare with others. For example, we may use and disclose your health information when you need a prescription, lab work, an x-ray, or other healthcare services. In addition, we may use and disclose your health information when referring you to and/or for treatment by another healthcare provider. For example, if you are referred to another physician, we may disclose your health information and send a report about your care from CATAPULT HEALTH to the physician so that the other physician may treat you.
CATAPULT HEALTH may also disclose your health information to your health plan or a third party entity designated by your current or any future health plan or employer for use in health and disease management programs. You understand that your current or any future health plan or a third party entity designated by any of them may use this information to identify risks, provide education regarding how to address identified risks, and to possibly contact you to promote participation in its health and disease management programs. You understand that information disclosed under this authorization may be re-disclosed by the recipient and no longer protected by the privacy regulations under HIPAA.
To Make or Obtain Payment.
CATAPULT HEALTH may use or disclose your health information to make payment to or collect payment from third parties, such as your employer, health plans, or providers, for the care you receive. Before providing treatment or services, we may share details with your health plan concerning the services you are scheduled to receive. For example, we may ask for payment approval from your health plan before we provide care or services. We may use and disclose your health information to find out if your health plan will cover the cost of care and services we provide. We may use and disclose your health information for billing, claims management, and collection activities. We may disclose your limited health information to consumer reporting agencies relating to collection of payments owed to us. For example, CATAPULT HEALTH may provide information regarding your coverage or healthcare treatment to other third parties to coordinate payment of benefits.
We may also disclose your health information to another healthcare provider or to a company or health plan required to comply with HIPAA for the payment activities of that healthcare provider, company, or health plan. For example, we may allow a health insurance company to review your health information for the insurance companyâ€™s activities to determine the insurance benefits to be paid for your care.
To Conduct Health Care Operations.
CATAPULT HEALTH may use or disclose health information for its own operations to facilitate the administration of CATAPULT HEALTH and, as necessary, to provide coverage and services to all of CATAPULT HEALTH’s participants. For example, CATAPULT HEALTH may use your health information to conduct case management, quality improvement and utilization review, and provider credentialing activities or to engage in customer service and grievance resolution activities. Health care operations include such activities as:
- Quality assessment and improvement activities.
- Activities designed to improve healthcare or reduce healthcare costs.
- Clinical guideline and protocol development, case management and care coordination.
- Contacting healthcare providers and participants with information about treatment alternatives and other related functions.
- Health care professional competence or qualifications review and performance evaluation.
- Accreditation, certification, licensing or credentialing activities.
- Providing training programs for students, trainees, healthcare providers, or non- healthcare professionals (for example, billing personnel) to help them practice or improve their skills.
- Underwriting, premium rating or related functions to create, renew or replace health insurance or health benefits.
- Review and auditing, including compliance reviews, medical reviews, legal services and compliance programs.
- Business planning and development including cost management and planning related analyses and formulary development.
- Business management and general administrative activities of CATAPULT HEALTH, including customer service, resolution of internal grievances and managing activities related to complying with HIPAA.
- Creating “de-identified” information that is not identifiable to any individual.
To Communicate With You.
CATAPULT HEALTH may use or disclose your health information to contact you to remind you of appointments, inform you of test results and to provide you with information about treatment alternatives or other health related benefits and services that may be of interest to you. Such communications may be by phone, in the mail, by fax or by email, even if the email is not encrypted (not protected over the Internet) to transmit prescription, treatment, disorder related information, lab or other results.
To Individuals Involved in Your Care or Payment for Your Care.
CATAPULT HEALTH may disclose health information about you to your family member, close friend, or any other person identified by you if that information is directly relevant to the personâ€™s involvement in your care or payment for your care. If you are present and able to consent or object (or if you are available in advance), then CATAPULT HEALTH may only use or disclose your health information if you do not object after you have been informed of your opportunity to object.
If you are not present or you are unable to consent or object, CATAPULT HEALTH may exercise professional judgment in determining whether the use or disclosure of your health information is in your best interests. For example, if you are brought in to see a CATAPULT HEALTH healthcare provider and are unable to communicate normally with your healthcare provider for some reason, we may find it is in your best interest to give your prescription and other medical supplies to the friend or relative who brought you in for treatment. CATAPULT HEALTH may also use and disclose your health information to notify such persons of your location, general condition, or death. CATAPULT HEALTH may coordinate with disaster relief agencies to make this type of notification. CATAPULT HEALTH also may use professional judgment and our experience with common practice to make reasonable decisions about your best interests in allowing a person to act on your behalf to pick up filled prescriptions, medical supplies, x-rays, or other things that contain health information about you.
If you object to such uses or disclosures, please notify the CATAPULT HEALTH Privacy Officer in writing.
When Legally Required.
CATAPULT HEALTH will disclose your health information when it is required to do so by any federal, state or local law.
To Conduct Health Oversight Activities.
CATAPULT HEALTH may disclose your health information to a health oversight agency for authorized activities including audits, civil administrative or criminal investigations, inspections, licensure or disciplinary action. CATAPULT HEALTH, however, may not disclose your health information if you are the subject of an investigation and the investigation does not arise out of or is not directly related to your receipt of healthcare or public benefits.
In Connection With Judicial and Administrative Proceedings.
CATAPULT HEALTH may disclose your health information in the course of any judicial or administrative proceeding in response to an order of a court or administrative tribunal as expressly authorized by such order. CATAPULT HEALTH may also disclose your health information in response to a subpoena, discovery request or other lawful process, but only when CATAPULT HEALTH makes reasonable efforts to either notify you about the request or to obtain an order protecting your health information.
For Law Enforcement Purposes.
Under certain conditions, CATAPULT HEALTH may disclose your health information to a law enforcement official for certain purposes, including, but not limited to, in an emergency to report a crime, if CATAPULT HEALTH has a suspicion that your death was the result of criminal conduct, or otherwise as required by law.
In the Event of a Serious Threat to Health or Safety.
CATAPULT HEALTH may, consistent with applicable law and ethical standards of conduct, disclose your health information if CATAPULT HEALTH, in good faith, believes that such disclosure is necessary to prevent or lessen a serious and imminent threat to your health or safety or to the health and safety of the public.
In Connection With Public Health Activities.
CATAPULT HEALTH may use or disclose your health information to public health authorities or other authorized persons to carry out certain activities related to public health, including the following activities:
- To prevent or control disease, injury, or disability;
- To report disease, injury, birth, or death;
- To report child abuse or neglect;
- To report reactions to medications or problems with products or devices regulated by the federal Food and Drug Administration or other activities related to quality, safety, or effectiveness of FDA-regulated products or activities
- To locate and notify persons of recalls of products they may be using;
- To notify a person who may have been exposed to a communicable disease in order to control who may be at risk of contracting or spreading the disease; or
- To report to your employer, under limited circumstances, information related primarily to workplace injuries or illness, or workplace medical surveillance.
In Connection With Abuse, Neglect, or Domestic Violence.
CATAPULT HEALTH may disclose your health information in certain cases to proper government authorities if we reasonably believe that a patient has been a victim of domestic violence, abuse, or neglect.
To Coroners, Medical Examiners, Funeral Directors.
CATAPULT HEALTH may disclose your health information to a coroner or medical examiner to identify a deceased person and determine the cause of death. In addition, we may disclose your health information to funeral directors, as authorized by law, so that they may carry out their jobs.
For Organ and Tissue Donation.
If you are an organ donor, CATAPULT HEALTH may use or disclose your health information to organizations that help procure, locate, and transplant organs in order to facilitate an organ, eye, or tissue donation and transplantation.
CATAPULT HEALTH may use and disclose health information about you for research purposes under certain limited circumstances. CATAPULT HEALTH must obtain a written authorization to use and disclose health information about you for research purposes except in situations where a research project meets specific, detailed criteria established by HIPAA to ensure the privacy of your health information. Notwithstanding the foregoing, CATAPULT HEALTH may use or disclose your de-identified health information for purposes including, but not limited to, research, data analysis, and presentations.
For Specified Government Functions.
In certain circumstances, federal regulations require CATAPULT HEALTH to use or disclose your health information to facilitate specified government functions related to the military and veterans, national security and intelligence activities, protective services for the President of the United States and others, and correctional institutions and inmates.
For Worker’s Compensation.
CATAPULT HEALTH may release your health information to the extent necessary to comply with laws related to worker’s compensation or similar programs.
AUTHORIZATION TO USE OR DISCLOSE HEALTH INFORMATION
Other than as stated above, CATAPULT HEALTH will not use or disclose your health information other than with your written authorization. If you authorize CATAPULT HEALTH to use or disclose your health information, you may revoke that authorization at any time in writing, sent by certified mail, return receipt requested and postage prepaid, to CATAPULT HEALTHâ€™s Privacy Officer, except to the extent that CATAPULT HEALTH has taken action based on the authorization.
Specific Uses or Disclosures Requiring Authorization.
In addition, federal and state law require special privacy protections for certain highly confidential information about you (â€œHighly Confidential Informationâ€), including the subset of your health information such as: (1) psychotherapy notes; (2) mental health and/or mental retardation information; (3) alcohol and drug abuse prevention, treatment, and referral information; (4) HIV/AIDS or other sexually transmitted disease testing, diagnosis or treatment; (5) about child abuse and neglect information; (6) sexual assault information; (7) social security numbers; or (8) genetic information. In order for your Highly Confidential Information to be disclosed for a purpose other than those permitted by law, your written authorization must be obtained. In addition, when a research study involves your treatment, CATAPULT HEALTH may disclose your health information to researchers after receiving your authorization.
CATAPULT HEALTH is providing you with notice that your health information may be subject to electronic disclosure. CATAPULT HEALTH may not electronically disclose your health information to any person without your authorization, which may be obtained in written or oral form if it is documented by CATAPULT HEALTH. However, such authorization is not required for an electronic disclosure of health information if the disclosure is made: (1) to another healthcare provider, health plan or covered entity as defined under Texas law for the purpose of: (a) treatment; (b) payment; (c) healthcare operations; or (d) performing an insurance or health maintenance organization function; or (2) as otherwise authorized or required by state or federal law.
CATAPULT HEALTH shall not reidentify or attempt to reidentify you as the subject of any health information without obtaining your consent or authorization if required under state or federal law.
YOUR RIGHTS WITH RESPECT TO YOUR HEALTH INFORMATION
You have the following rights regarding your health information that CATAPULT HEALTH maintains:
Right to Request Restrictions.
You may request restrictions on certain uses and disclosures of your health information (a) for treatment, payment, and healthcare operations, (b) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved with your care or with payment related to your care, or (c) to notify or assist in the notification of such individuals regarding your location and general condition. You may also request additional restrictions on CATAPULT HEALTHâ€™s disclosure of your health information to certain individuals involved in your care that otherwise are permitted by HIPAA. However, CATAPULT HEALTH is not required to agree to your request(s), except if your restricted health information is disclosed (1) to a healthcare provider for emergency treatment, we must request that such provider not further use or disclose the health information; or (2) to a health plan if (i) the disclosure is for the purpose of carrying out payment or healthcare operations and is not otherwise required by law; and (ii) the health information pertains solely to a healthcare item or service for which you have paid CATAPULT HEALTH in full. If you wish to make a request for restrictions, you must make your request in writing to the CATAPULT HEALTH Privacy Officer. In your request, please include (a) the information that you want to restrict; (b) how you want to restrict the information (for example, restricting disclosures of your health information to certain persons outside of CATAPULT HEALTH); and (c) to whom you want those restrictions to apply.
Right to Receive Confidential Communications.
You have the right to request that CATAPULT HEALTH communicate with you in a certain manner or at a certain location if you feel the disclosure of your health information could endanger you. For example, you may ask that CATAPULT HEALTH only communicate with you at a certain telephone number, address or by email. If you wish to receive confidential communications, please make your request in writing to the CATAPULT HEALTH Privacy Officer. You must specify how you would like to be contacted (for example, by regular mail to your post office box and not your home). CATAPULT HEALTH will attempt to honor your reasonable requests for confidential communications.
Right to Inspect and Copy Your Health Information.
You have the right to inspect and receive a copy of your health information in certain records that CATAPULT HEALTH maintains. We may deny your request to inspect and copy your health information only in limited circumstances. A request to inspect and copy records containing your health information must be made in writing to the CATAPULT HEALTH Privacy Officer. If you request a copy of your health information, we may charge you a reasonable, cost-based fee for the copying, postage, labor, and supplies used in meeting your request. If your health information is maintained electronically by CATAPULT HEALTH, then at your request CATAPULT HEALTH will provide you with access to your health information in electronic form or format.
Right to Amend Your Health Information.
If you believe that your health information records are inaccurate or incomplete, you may request that CATAPULT HEALTH amend the records. That request may be made as long as the information is maintained by CATAPULT HEALTH. A request for an amendment of records must be made in writing to the CATAPULT HEALTH Privacy Officer and must include a reason for your request. CATAPULT HEALTH may deny the request in certain cases, including if the request is not in writing or does not include a reason to support the amendment. The request also may be denied if your health information records were not created by CATAPULT HEALTH, if the health information you are requesting to amend is not part of CATAPULT HEALTH’s records, if the health information you wish to amend falls within an exception to the health information you are permitted to inspect and copy, or if CATAPULT HEALTH determines the records containing your health information are accurate and complete.
Right to an Accounting.
You have the right to receive an accounting and request a list of certain disclosures of your health information made by CATAPULT HEALTH. The request must be made in writing to the CATAPULT HEALTH Privacy Officer. The request should specify the time period for which you are requesting the information. Accounting requests may not be made for periods of time going back more than six (6) years. The first list that you request in a 12-month period will be free, but we may charge you for our reasonable costs of providing additional lists in the same 12-month period. We will tell you about these costs, and you may choose to cancel your request at any time before costs are incurred.
Right to a Paper Copy of this Notice.
You have a right to request and receive a paper copy of this Notice at any time, even if you have received this Notice previously or agreed to receive the Notice electronically. To obtain a paper copy, please contact the CATAPULT HEALTH Privacy Officer. You also may obtain a copy of the current version of CATAPULT HEALTH’s Notice at its website, www.catapulthealth.com.
Right to a Notification of a Breach.
You have a right to be notified following a breach of your unsecured health information, and CATAPULT HEALTH will notify you in accordance with applicable law.
You have the right to express complaints to CATAPULT HEALTH and to the Secretary of the Department of Health and Human Services if you believe that your privacy rights have been violated. Any complaints to CATAPULT HEALTH should be made in writing to the CATAPULT HEALTH Privacy Officer. CATAPULT HEALTH encourages you to express any concerns you may have regarding the privacy of your information. You will not be retaliated against in any way for filing a complaint.
If you have any questions about this Notice, please contact our Privacy Official at the address and telephone number listed below.
PRIVACY OFFICER CONTACT INFORMATION
You may contact our Privacy Officer as follows:
8144 Walnut Hill Lane, Suite 1120
Dallas, Texas 75231
Attn: HIPAA Privacy Officer
Phone: (214) 785-2200
Fax: (877) 885-9904
This Notice was published and first became effective on April 1, 2015.