Privacy Policy
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Where authorized by law, TCRHCC may disclose your health
information to an individual who may have been exposed to
a communicable disease or may otherwise be at risk of contracting
or spreading a disease or condition. In some situations
(for example, if you are employed by TCRHCC or another component
of the Department of Health and Human Services, or if necessary
to prevent or lessen a serious and imminent threat to the
health and safety of an individual or the public), TCRHCC
may disclose to your employer health information concerning
a work-related illness or injury or a workplace-related
medical surveillance.
Correctional Institution:
If you are an inmate of a correctional institution, TCRHCC
may use or disclose to the institution, health information
necessary for your health and the health and safety of other
individuals such as officers or employees or other inmates.
Law Enforcement:
TCRHCC may use or disclose your health information for law
enforcement activities as authorized by law or in response
to a court of competent jurisdiction.
Members of the Military:
If you are a member of the military services including the
Commissioned Corps of the United States Public Health Service,
TCRHCC may use or disclose your health information if necessary
to the appropriate military command authorities as authorized
by law.
Health Oversight Authorities: TCRHCC may
use or disclose your health information to health oversight
agencies for activities authorized by law. These oversight
activities include: investigations, audits, inspections
and other actions. These are necessary for the government
to monitor the health care system, government benefit programs,
and entities subject to government regulatory programs and/or
civil rights laws for which health information is necessary
to determine compliance. TCRHCC is required by law to disclose
protected health information to the Secretary of HHS to
investigate or determine compliance with the HIPAA privacy
standards.
Compelling Circumstances: TCRHCC may use
or disclose your health information in certain other situations
involving compelling circumstances affecting the health
or safety of an individual. For example, in certain circumstances:
• we may disclose limited protected health information
where requested by a law enforcement official for the purpose
of identifying or locating a suspect, fugitive, material
witness or missing person;
• if you are believed to be a victim of a crime, a
law enforcement official requests information about you
and we are unable to obtain your agreement because of incapacity
or other emergency circumstances, we may disclose the requested
information if we determine that such disclosure would be
in your best interests;
• we may use or disclose protected health information
as we believe is necessary to prevent or lessen a serious
and imminent threat to the health or safety of a person;
• we may use or disclose protected health information
in the course of judiciary and administrative proceedings
if required or authorized by law;
• we may use or disclose protected health information
to report a crime committed on TCRHCC health facility premises
or when TCRHCC is providing emergency health care;
• we may make any other disclosures that are required
by law.
Non Violation of this Notice:
TCRHCC is not in violation of this Notice or the HIPAA Privacy
Rule if any of its employees or its contractors (business
associates) discloses protected health information under
the following circumstances:
1 Disclosures by Whistleblowers:
If an TCRHCC employee or contractor (business associate)
in good faith believes that TCRHCC has engaged in conduct
that is unlawful or otherwise violates clinical and professional
standards or that the care or services provided by TCRHCC
has the potential of endangering one or more patients or
members of the workplace or the public and discloses such
information to:
• A Public Health Authority or Health Oversight Authority
authorized by law to investigate or otherwise oversee the
relevant conduct or conditions, or the suspected violation,
or an appropriate health care accreditation organization
for the purpose of reporting the allegation of failure to
meet professional standards or misconduct by TCRHCC;
• An attorney on behalf of the workforce member, or
contractor (business associate) or hired by the workforce
member or contractor (business associate) for the purpose
of determining their legal options regarding the suspected
violation.
2 Disclosures by Workforce
Member Crime Victims: Under certain circumstances,
an TCRHCC workforce member (either an employee or contractor)
who is a victim of a crime on or off the hospital premises
may disclose information about the suspect to law enforcement
official provided that:
• The information disclosed is about the suspect who
committed the criminal act.
• The information disclosed is limited to identifying
and locating the suspect.
Any other uses and disclosures will be made only with your
written authorization, which you may later revoke in writing
at any time. (Such revocation would not apply where the
health information already has been disclosed or used or
in circumstances where TCRHCC has taken action in reliance
on your authorization or the authorization was obtained
as a condition of obtaining insurance coverage and the insurer
has a legal right to contest a claim under the policy or
the policy itself.)
Effective date: April 14, 2003
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