About Persante
HIPAA Policy

1. Purpose and Objective

In compliance with the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191 as amended) ("HIPAA"), Persante Health Care ("Persante") has adopted the following Health Insurance Portability and Accountability Act Policy ("Policy") to ensure reasonable protection of Protected Health Information ("PHI"), as defined by the Code of Federal Regulations 45 C.F.R. 160.103. It is the intent of this Policy to act as a supplement to, not a replacement for, other Company Policies.

Persante Health Care – HIPAA Joint Privacy Notice describes how medical information about patients may be used and disclosed and how patients can obtain access to this information. The Persante Compliance Department shall post in relevant locations and have pertinent patients and/or other individuals read it carefully.

2. Introduction

This Joint Notice is being provided to patients on behalf of Persante Health Care and the practitioners with clinical privileges that work at the parent contract Hospital, and/or Persante Health Care, with respect to services provided at the Hospital facilities, and/or Persante Health Care. Persante Health Care understands that patient medical information is private and confidential. Further, Persante Health Care is required by law to maintain the privacy of “protected health information.” “Protected health information” or “PHI” includes any individually identifiable information that Persante Health Care obtain from patients or others that relates to the patient’s past, present or future physical or mental health, the health care patients have received, or payment for patient health care. Persante Health Care will share protected health information with one another, as necessary, to carry out treatment, payment or health care operations relating to the services to be rendered at the Hospital, and/or Persante Health Care facilities.

As required by law, this notice provides patients with information about their rights and Persante Health Care’s legal duties and privacy practices with respect to the privacy of PHI. This notice also discusses the uses and disclosures Persante Health Care will make of patient PHI. Persante Health Care must comply with the provisions of this notice as currently in effect, although Persante Health Care reserve the right to change the terms of this notice from time to time and to make the revised notice effective for all PHI Persante Health Care maintains. Patients can always request a written copy of Persante Health Care’s most current privacy notice from the Admitting office at the Hospital, and/or Persante Health Care’s offices.

3. Permitted Uses and Disclosures

Persante Health Care can use or disclose patient PHI for purposes of treatment, payment and health care operations. For each of these categories of uses and disclosures, Persante Health Care has provided a description and an example below. However at Persante Health Care, not every particular use or disclosure in every category will be listed.
Treatment means the provision, coordination or management of patient health care, including consultations between Persante Health Careen health care providers relating to patient care and referrals for health care from one health care provider to another. For example, a doctor treating a patient for a sleep apnea may need to know if that patient has heart conditions because symptoms may affect therapy recommendations. In addition, the doctor may need to contact an additional physician to create the necessary follow-on equipment and compliance regimen appropriate for patient treatment.

Payment means the activities Persante Health Care undertake to obtain reimbursement for the health care provided to patients, including billing, collections, claims management, determinations of eligibility and coverage and other utilization review activities. For example, Persante Health Care may need to provide PHI to a patient’s Third Party Payor to determine whether the proposed course of treatment will be covered or if necessary to obtain payment. Federal or state law may require Persante Health Care to obtain a written release from patients prior to disclosing certain specially protected PHI for payment purposes, and Persante Health Care will ask patients to sign a release when necessary under applicable law.

Health care operations means the support functions of the Hospital, and/or Persante Health Care, related to treatment and payment, such as quality assurance activities, case management, receiving and responding to patient comments and complaints, physician reviews, compliance programs, audits, business planning, development, management and administrative activities. For example, Persante Health Care may use patient PHI to evaluate the performance of Persante Health Care staff when caring for patients. Persante Health Care may also combine PHI about many patients to decide what additional services Persante Health Care should offer, what services are not needed, and whether certain new treatments are effective. Persante Health Care may also disclose PHI for review and learning purposes. In addition, Persante Health Care may remove information that identifies the patient so that others can use the de-identified information to study health care and health care delivery without learning who the patient identity.

4. Other Uses and Disclosures of Protected Health Information

5. Special Situations

Subject to the requirements of applicable law, Persante Health Care will make the following uses and disclosures of patient PHI:

6. Other Uses of Patient Health Information

Certain uses and disclosures of PHI will be made only with the patient’s written authorization, including uses and/or disclosures: (a) of psychotherapy notes (where appropriate); (b) for marketing purposes; and (c) that constitute a sale of PHI under the Privacy Rule. Other uses and disclosures of PHI not covered by this notice or the laws that apply to us will be made only with the patient’s written authorization. Patient’s have the right to revoke that authorization at any time, provided that the revocation is in writing, except to the extent that Persante Health Care already has taken action in reliance on the patient’s authorization.

Note: HIV related information, genetic information, alcohol and/or substance abuse records, mental health records and certain special conditions related to minors may enjoy certain special confidentiality protections under applicable State and Federal law. Any disclosures of these types of records will be subject to these special protections.

7. Patient Rights

  1. Patients have the right to request restrictions on Persante Health Care uses and disclosures of PHI for treatment, payment and health care operations. However, Persante Health Care is not required to agree to the patient’s request. Persante Health Care is, however, required to comply with a patient’s request if it relates to a disclosure to that patient’s health plan regarding health care items or services for which that patient has paid the bill in full. To request a restriction, patients may make Persante Health Care’s request in writing to the Director of Compliance.
  2. Patients have the right to reasonably request to receive confidential communications of patient PHI by alternative means or at alternative locations. To make such a request, patients may submit their requests in writing to the Director of Compliance.
  3. Patients have the right to inspect or obtain a copy of the PHI contained in Persante Health Care records, except:

Persante Health Care may also deny a request for access to PHI under certain circumstances if there is a potential for harm to that patient or others. If Persante Health Care denies a request for access for this purpose, the patient maintains the right to have the denial reviewed in accordance with the requirements of applicable law.

  1. The patients have the right to request an amendment to their PHI but Persante Health Care may deny their request for amendment if Persante Health Care determines that the PHI or record that is the subject of the request:.

In any event, any agreed upon amendment will be included as an addition to, and not a replacement of, already existing records. In order to request an amendment to the patient’s health information, the patient must submit a request in writing to the Director of Customer Service for Medical Records at Persante Health Care, or Persante Health Care acting as an agent of the hospital, along with a description of the reason for the patient’s request.

  1. The patient maintains the right to receive an accounting of disclosures of PHI made by Persante Health Care to individuals or entities other than to the patient for the six years prior to the patient’s request, except for disclosures:

To request an accounting of disclosures of the patient’s PHI, the patient must submit their request in writing to the Director of Customer Service at Persante Health Care. The patient’s request must state a specific time period for the accounting (e.g., the past three months). The first accounting the patient requests within a twelve (12)-month period will be free. For additional accountings, Persante Health Care may charge that patient for the costs of providing the list. Persante Health Care will notify the patient of the costs involved, and the patient may choose to withdraw or modify their request at that time before any costs are incurred.

  1. The patient maintains the right to receive a notification, in the event that there is a breach of the patient’s unsecured PHI, which requires notification under the Privacy Rule.

8. Complaints

If the patient believes that their privacy rights have been violated, the patient should immediately contact the Persante Health Care Compliance Officer at the Persante Health Care Compliance Hotline (855)-696-1870. Persante Health Care will not take action against a patient for filing a complaint. The patient also may file a complaint with the Secretary of the U. S. Department of Health and Human Services.

9. Contact Person

If the patient has any questions or would like further information about this notice, they directed to contact the Persante Health Care Officer:

Persante Health Care HIPAA Privacy Officer (855)-696-1870

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200 East Park Drive, Suite 600, MT. LAUREL, NEW JERSEY 08054 | 800.753.3779 | © 2018 Persante Healthcare, Inc. All Rights Reserved. | HIPAA Policy