COMPLIANCE AND PRIVACY RIGHTS

At Marathon Healthcare Services protecting the individual's health information and privacy is essential to quality care. It is our main responsibility as a provider to protect every individual. All patients and families will be provided defined policies regarding privacy, rights and responsibilities so they are assured the best in home healthcare.

The Agency will comply with all federal, state and local laws/regulations, accreditation standards and acceptable accounting principles and reports compliance outcomes.

This notice describes how medical information about you may be used and disclosed and how you can get access to the information. Please review carefully.

Uses and Disclosures of Health Information

The agency may use your health information, information that constitutes Protected Health Information (PHI) as defined in the Privacy Rule of the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 for purposes of providing your treatment, obtaining payment for your care and conducting health care operations. Your health information may be used or disclosed only after the Agency has obtained your consent. The Agency has established policies to guard against unnecessary disclosure of your health information.

To Provide Treatment: The Agency may use your health information to coordinate care within the Agency and with others involved in your care, such as your attending physician and other health care professionals who have agreed to assist the Agency in coordinating care. For example, physicians involved in your care will need information about your symptoms in order to precise appropriate medications. The Agency also may disclose your health information to individuals outside of the Agency involved in your care including family members, pharmacists, suppliers or medical equipment or other care professionals.

To Obtain Payment: The Agency may include your health information in invoices to collect payment from third parties for the care you receive from the Agency. 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 also may 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.

To Conduct Health Care Operations: The Agency may use and disclose health information for its own operations in order to facilitate the function of the Agency and as necessary to provide quality care to all of the Agency's patients. Health care operations includes activities as:

For example, the Agency may use your health information to evaluate its staff performance, combine your health information with other Agency patients in evaluating how to more effectively serve all Agency patients, disclose your health information to contact you as a reminder regarding a visit to you (unless you tell us you do not want to be contacted)

When Legally Required: The Agency may disclose your health required to do so by any Federal, State, or local law

When There are Risks to Public Health: The Agency may disclose your health information for public activities and purposes in order to:

To Report Abuse, Neglect, Exploitation, Or Domestic Violence: The Agency is allowed to notify government authorities if the Agency believes a patient is the victim of abuse, neglect, exploitation, or domestic violence. The Agency will make this disclosure only when specifically required or authorized by law or when the patient agrees to the disclosure.

To Conduct Health Oversight Activities: The Agency may disclose your health information to a health oversight agency for our activities including audits, civil administration or criminal investigations, inspections, licensure or disciplinary action. The Agency, however, may not disclose your health information if you are the subject of an investigation and your health information is not directly related to your receipt of health care or public benefits.

In Connection with Judicial and Administrative Proceedings: The Agency may disclose your health information in the course of any judicial or administrative proceeding in response to a subpoena, discovery request or lawful purposes, but only when the Agency makes reasonable efforts to either notify you about the request or to obtain an order protecting your health information.

For Law Enforcement Purposes: As permitted or required by State law, the Agency may disclose your health information to a law enforcement official for certain law enforcement purposes.

To Coroners and Medical Examiners: The Agency may disclose your health information to coroners and medical examiners for purposes of determining your cause of death or for other duties as authorized by law.

In the Event of a Serious Threat to Health or Safety: The Agency may, consistent with applicable law and ethical standards of conduct, disclose your health information if the Agency, 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.

For Specified Government Functions: In certain circumstances, the Federal regulations authorized the Agency to use or disclose your health information to facilitate specified government, functions relating to military and veterans, national security and intelligence activities, protective services for the President and others, medical suitability determinations and inmates and law enforcement custody.

For Workers Compensation: The Agency may release your health information for workers compensation or similar programs.

Authorization to Use or Disclose Health Information:

Right to Request Restrictions: You may request restrictions on certain uses and disclosures of your health information. You have the right to request a limit on the Agency's disclosure of your health information to someone who is involved in your care or the payment of your care. However, the Agency is not required to agree to your request. If you wish to make a request for restrictions please contact the Agency administrator.

Right to Receive Confidential Communications: You have the right to request that the Agency communicate with you in a certain way. For example, you may ask that the Agency only conduct communications pertaining to your health information with your privately with no other family members present. If you wish to receive confidential communications, please contact the Agency administrator. The Agency will not request that you provide any reasons for your request and 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 copy your health information, including billing records. A request to inspect and copy records containing your health information may be made to the Agency administrator. If you request a copy of your health information, the Agency may charge a reasonable fee for copying and assembling costs with your request.

Right to Amend Health Care Information: You or your representative has the right to request that the Agency amend your records if you believe that your health information is incorrect or incomplete. That request may be made as long as the information is maintained by the Agency. A request for an amendment of records must be made in writing to the Agency' administrator. The Agency may deny the request if it is not in writing or does not include a reason for the amendment. The request also may be denied if your health information records were not created by the Agency, if the health information you wish to amend is not part of the Agency's records you or your representative are permitted to inspect and copy or if in the opinion of the Agency, the records containing your health information are accurate and complete.

Right to an Accounting: You or your representative have the right to request an accounting of disclosures of your health information made by the Agency for any reason other than for treatment, payment or health operation. The request for an accounting must be made in writing to the Agency administrator. The request should specify the time period for the accounting starting on or after April 14, 2003. Accounting requests may not be made for periods of time in excess of 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.

Right to a Paper Copy of this Notice: You or your representative has a right to a separate paper copy of this Notice at any time even if you or your representative has received this Notice previously. To obtain a separate paper copy, please contact the Agency administrator.

State Restrictions:

State law also imposes restrictions on how we use your PHI. The following Texas laws govern the Agency use of PHI:

These laws will be enforced until the effective date of this Notice (4/14/03). As of that date, these laws will be superseded by HIPAA privacy regulations, as related in this Notice.

Duties of the Agency: You or your personal representative has the right to express complaints to the Agency and to the Secretary of the Department of Health and Human Services if you or your representative believes that your privacy rights have been violated. The Agency 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.

You may also file your complaint with the Secretary of the United States Department of Health and Human Services (HHS). Complaints may be filed in writing either on paper or electronically. Include the name of the entity that is subject of the complaint and any acts or omissions believed to be in violation of the HIPAA Act. You may contact the Department of HHS by:

Effective Date: The effective date of this notice is April 14, 2003. Should you have any complaints or issues regarding the patient privacy and your rights under the Federal privacy standards you may contact by the Agency administrators by telephone or by mail.