Effective 04/14/2003
The Kansas Department on Aging (KDOA) is committed to protecting your health information. This Notice describes how KDOA will use, share and protect your health information it receives or creates. It also explains your rights regarding the privacy of your health information as required by law. If KDOA's confidentiality practices change, a new Notice will be posted, within 60 days, on KDOA's web site at www.agingkansas.org.
This section discusses the requirements of federal privacy laws. Kansas law provides additional protections in some circumstances.
The KDOA staff will only use your health information when doing their jobs. When your health information is shared with other agencies or organizations that perform business services for us, KDOA will limit the disclosure of your information to the amount of information that is the minimum necessary. In addition, we will have a written contract in place with the agency or organization doing a function on our behalf, requiring it to protect and safeguard the privacy of your health information.
The purposes of the use and sharing of health information are:
Operating Programs within KDOA for:
Treatment - KDOA may use and share your health information to approve, deny services and/or to determine if your level of service is appropriate. For example, KDOA may review your plan of care, submitted by your Area Agency on Aging, for appropriate level of services.
Payment - KDOA may use and share your health information with other State Agencies to process claims from health care providers and to determine your eligibility to receive community based or long term care services.
Health Care Operations - KDOA may use and share your health information to evaluate a health plan's performance. For example, KDOA may review the care you receive.
Kansas Law: Kansas law provides additional confidentiality protections in some circumstances. For example under K.S.A. 45-221 a public agency generally may not be required to disclose psychiatric, alcoholism or drug dependency treatment records which pertain to identifiable information without your specific authorization for release. For more information on Kansas law related to these and other specially protected records, please refer to Kansas Statues on-line or contact KDOA's Privacy Officer.
Other Government Agencies/Organizations Providing Benefits, Services or Disaster Relief - KDOA may share information with other government agencies or organizations that are providing benefits or services when the information is necessary for you to receive those benefits or services.
Public Health - KDOA may disclose health information to the appropriate agencies for public health activities for disease control and prevention, prescription subsidies, and also reporting suspected abuse, neglect, or domestic violence as required by law.
Health Oversight Activities - KDOA may use or disclose health information to authorized health oversight agencies such as those responsible for the Medicaid program, Health & Human Services and the Office of Civil Rights.
Information Purposes - KDOA may use and disclose health information to contact you. For example KDOA could mail you information such as a Letter of Determination after a CARE assessment, should you seek long-term care services.
Judicial & Administrative Hearings - KDOA may disclose specific health information in judicial proceedings as required by law, to defend or to administer KDOA's programs and services.
Family or Friends Involved in Your Care - KDOA may disclose to your family member, close personal friend, or anyone else you identify, health information relevant to that person's involvement in your care. KDOA may also give information to someone who helps pay for your care. If you do not want us to make these disclosures, you must notify us in writing and indicate who you prefer to be notified.
Law Enforcement Purposes, Coroners, Medical Examiners, and Funeral Directors - KDOA may disclose specific health information for purposes as required by law.
Disease Registries and Organ Donation - KDOA may disclose specific health information to authorized entities involved with organ donation and transplantation, communicable disease registries and cancer registries.
Research Purposes - KDOA may disclose specific health information to entities authorized to conduct a research project.
To Avert a Serious Threat to Health, Safety or Emergency Situation - KDOA may disclose specific health information to prevent a serious threat to a person's or the public's health or safety.
Specialized Government Functions - KDOA may disclose health information for national security and intelligence and protective services for the President and others as required by law. Also, KDOA may disclose health information to the appropriate military authorities if you are or have been a member of the armed services.
Correctional Institutions - KDOA may disclose health information, about an individual in correctional custody or supervision, to a correctional facility or law enforcement official to maintain the health, safety and security of the corrections system.
Workers' Compensation - KDOA may disclose health information to worker compensation programs that provide benefits for work-related injuries or illnesses without regard to fault.
Your health information will not be shared without your authorization except as described in this notice or required by law. You may authorize other disclosures by completing a KDOA Authorization form. You may revoke such authorization in writing at any time. KDOA has procedures to assist you in understanding your rights regarding your health information. You may ask KDOA for a paper copy of this notice at any time. An electronic copy of this notice is available on KDOA's web site, http://www.agingkansas.org.
Right to Request Restrictions - You have the right to request a restriction or limitation on the health information KDOA uses or discloses about you. KDOA will accommodate your request if possible, but may not be legally required to agree to the requested restriction.
Right to Receive Confidential Communications - You have the right to request that KDOA communicates with you about health matters in a certain way or at a certain location; for example, a different mailing address or calling you at a different phone number. KDOA will accommodate any reasonable request you may have to communicate health information by alternative means or at alternative locations.
Right to Inspect & Copy - You have a right to inspect and obtain a copy (for a standard fee) of your health information. Exceptions are psychotherapy notes and information that is needed for a civil, criminal or administrative action or proceeding.
Right to Request Amendment - If you believe that the health information KDOA has about you is incorrect or incomplete, you may ask KDOA to amend the information. KDOA may deny your request if you ask to amend information that:
Right to Receive an Accounting of Disclosures - You may request an accounting of disclosures of your health information except for information that has been disclosed for purposes of treatment, payment, health care operations and disclosures required by law for purposes of national security or law enforcement