Privacy and HIPAA Compliance

The privacy of your personal and health information are very important to us at the American Indian QuitLine. We use your personal information to assist you in quitting smoking and improving our program. We will not share or sell your information with anyone or any entity not connected to our smoking cessation program, except as described in the Notice of Privacy Practices, below.

Notice of Privacy Practices

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.

This Notice describes how National Jewish Health may use and share your medical information.  It also describes your rights to access and control your medical information.  We will notify you if there is a breach of your unsecured protected health information.  Your health care team, support staff, our researchers and all our other employees, affiliates and volunteers are required to follow HIPAA’s requirements.

What medical information is protected?

Each time you visit National Jewish Health a record of your visit is made.  The information we create or receive about your past, present or future physical or mental health is called protected health information (PHI.) PHI may include documentation of your symptoms, examinations, test results, diagnoses and treatment.  It also includes documents related to billing and payment for care provided.

How will National Jewish Health use and disclose my PHI?

The following categories describe ways in which we are allowed to use you PHI within National Jewish Health and release your health information without first seeking your written permission (which is called an “authorization” under HIPAA.)  We have not listed every single use or release but all permitted uses and releases fall within one of the following categories:

Treatment- We may use or disclose your PHI to provide you with medical treatment and healthcare services.  We may share your PHI with or request it from doctors, nurses, technicians, medical students, interns, hospitals or others who are involved in taking care of you during your visit with us or elsewhere for continuity of care. 

Payment - We may use or disclose your PHI so the treatment and services you receive may be billed to and payment collected from you, an insurance company or other payer.  This may also include the release of PHI to obtain prior authorization for treatment and procedures from your insurance plan.

Health Care Operations – These uses or disclosures are necessary to operate our healthcare facility and make sure all of our patients receive quality care.  We may use only the minimum necessary patient identifiers for these purposes.  Some of these uses may include quality assurance activities; granting medical staff credentials to physicians; administrative activities, including the hospital financial and business planning; customer service activities, including investigation of complaints; auditing and compliance program activities; and educational and training activities.

Business Associates – Some of our services are provided through contracts with third parties who are Business Associates of National Jewish Health.  We may share your health information with them so that they can perform the job we’ve asked them to do.  We require our Business Associates to sign a contract that states they will appropriately protect your PHI.  Examples of Business Associates include information storage services, management consultants, quality assurance reviewers and auditors.

Appointment Reminders – We may use PHI to contact you as a reminder that you have an appointment for treatment or medical care at National Jewish Health.

Fundraising - We may use certain PHI for fundraising including your name, address, dates of service, date of birth, age, gender, department of service, treating physician, outcome information, and insurance information.

Can National Jewish Health use and disclose my PHI for research?

 National Jewish Health may want to use and disclose your PHI for research projects.  Before using your PHI in a research project, National Jewish Health will either obtain your written permission or obtain permission from an authorized HIPAA Privacy Board.  The Privacy Board will only give its permission if the proposed use of your PHI has met HIPAA’s requirements for release for research purposes.

 Are there situations that require my written permission before NJH uses or shares of my PHI?

 Use or sharing of your PHI in situations that are not covered by this Notice or the laws that apply will be made only with your written permission. If you do give us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time.  If you revoke your permission, we will no longer use or share PHI about you for the reasons covered in your written authorization but we cannot take back any disclosures we have already made.  Some typical situations that require your authorization are as follows:

 Marketing. We may ask you to sign an authorization to use or disclose PHI as a part of a marketing effort.   Marketing is generally defined as a communication about a product or service that encourages the recipient to purchase or use the items described. Marketing does not include (i) communications about your treatment or recommendations about alternative treatments or providers unless NJH is being paid to make the communication, (ii) mere descriptions of products or services that NJH offers, (iii) communications made face-to-face or (iv) a promotional gift of nominal value provided by NJH. If NJH will be paid for sending the marketing communication, the authorization will state that payment is involved.

 Alcohol and Drug Abuse Treatment Records.  Use and disclosure of any medical information about you relative to alcohol or drug abuse treatment programs receives additional protection under federal law (42 CFR Part 2.)  Generally, we will not disclose any information identifying you as a recipient of alcohol or drug abuse treatment unless you have consented in a writing that qualifies under the law or we receive a court order requiring the disclosure.

 Disclosures of Mental Health Treatment Information. We may share your information for treatment purposes to qualified professionals, for payment purposes or if we receive a court order.  In most other cases, Colorado law requires your written authorization or the written authorization of your representative.

 Psychotherapy Notes.  Psychotherapy notes are the personal notes of psychotherapists.  Under most circumstances, we must obtain your permission to use or disclose psychotherapy notes.

 HIV/AIDS Information.  Use and disclosure of any medical information about you relative to HIV testing, HIV status or AIDS, is protected by federal and state law.  Generally we will need your permission to disclose this information; however, state laws require certain reporting and disclosure when public safety, emergency medical services or detention center staff might have been exposed.

 Minors.  As a general rule, we disclose PHI about minors to their parents or legal guardians.  However, in instances where state law allows minors to consent to their own treatment without parental consent (such as HIV testing, minors who are emancipated), we will not disclose that information to the minor’s parents without the minor’s permission unless o

Participants can obtain an accounting of any disclosures made by the American Indian QuitLine, except for disclosures made to participants or the disclosures that they authorized. Participants can obtain an accounting of any disclosures made for the previous six years but not before April 14, 2003. The right to receive this information is also subject to certain other exceptions. This accounting will contain the date information was disclosed, the name of the party receiving the information, and a brief description of what was disclosed and why. The first accounting in a 12-month period is free. After that, we reserve the right to charge a reasonable, cost-based fee. To request an accounting, participant should contact the American Indian QuitLine.

Participants may complain to us by contacting our Customer Representative at (866) 849-8362 or to the Secretary of Health and Human Services if they believe that we have violated their privacy rights. We will not retaliate against them for filing a complaint. Any questions about this Notice can be directed to the American Indian QuitLine at (800) 784-8669. This notice was published and becomes effective on October 24, 2006.