HIPAA

Who follows this notice

This joint notice applies to BayCare Health System hospitals, outpatient centers, behavioral health centers, home care and durable medical equipment services, skilled nursing facilities, affiliated physician groups, and the physicians, staff, students, volunteers, business associates, and others who provide services through those locations. These participants may share your health information as allowed by law for treatment, payment, and health care operations. Some independent physicians may have their own privacy notices for information created in their private offices.

What information this notice covers

Protected health information, or PHI, is information that can identify you and relates to your health, health care, or payment for health care. It may be spoken, written, or electronic. Special rules may apply to mental health records, psychotherapy notes, substance use disorder records, HIV information, sexually transmissible disease information, and other sensitive information.

Your rights

You may ask us to help you exercise these rights. Some requests must be in writing, and some rights have legal limits.

Your choices

Tell us your preference. We will follow your instructions when the law gives you a choice.

• Family, friends, and others involved in your care or payment: You may tell us whether to share information directly related to their involvement. Behavioral health information may require written authorization under Florida law.
• Hospital directory: Unless you object, we may list your name, location, general condition, and religious affiliation. People who ask for you by name may receive the first three items. Clergy may receive your religious affiliation. Certain patients, including behavioral health patients, may be excluded.
• Disaster relief: We may share limited information to help notify or locate family members or others responsible for your care.
• If you cannot tell us your preference: We may share information if professional judgment shows it is in your best interest, or when needed to prevent or reduce a serious and imminent threat.
• Fundraising: We may contact you, but you may tell us not to contact you again. If a fundraising communication would use Part 2 substance use disorder information, we will provide advance notice and a clear choice.

We need your written permission for: most uses of psychotherapy notes, marketing, selling your PHI, and other uses or disclosures not described in this notice. You may revoke permission in writing, but that will not undo a disclosure already made in reliance on it.

Our Uses and Disclosures

How we typically use or share your information

Treat you: We may use and share PHI with doctors, nurses, students, and other professionals who provide or coordinate your care. Example: A doctor asks another treating professional about your health history.

Bill for services: We may use and share PHI with health plans, other payers, billing vendors, collection agencies, or other providers so payment can be obtained. Example: We send information to your insurer so it can pay a claim.

Run our organization: We may use and share PHI to operate BayCare, improve quality and safety, review professional performance, conduct audits, train staff, manage cases, obtain accreditation, and comply with the law. Participants in our organized health care arrangement and affiliated covered entities may share PHI for these purposes. Example: We use health information about you to manage your treatment and services.

Contact you: We may contact you about appointments, treatment options, care management, health-related benefits, services, or payment matters.

Other ways the law allows or requires us to use or share information

Public health and safety: To prevent or control disease or injury; report births, deaths, trauma, birth defects, cancer, product problems, medication reactions, disease exposure, or suspected abuse, neglect, or domestic violence; and prevent or reduce a serious threat to health or safety.

Health oversight: For lawful audits, investigations, inspections, licensing, accreditation, and government oversight.

Research: For approved research when legal safeguards and required reviews are in place, or by using a limited data set as allowed by law.

Organ and tissue donation: With organizations involved in organ, eye, or tissue donation and transplantation.

After death: With a coroner, medical examiner, or funeral director as allowed by law.

Workers’ compensation: As needed to comply with workers’ compensation and workplace injury laws.

Law enforcement and legal proceedings: As permitted or required by law, including certain court or administrative orders, subpoenas, investigations, custodial situations, and reports required by law.

Government functions: For military, national security, protective services, correctional, or other special government functions allowed by law.

Required by law: When federal or Florida law requires a disclosure, including to the U.S. Department of Health and Human Services for HIPAA compliance review.

Extra protection for sensitive information

When Florida law or another federal law gives your information greater privacy protection than HIPAA, we follow the more protective rule. The following summarizes important limits. Specific exceptions may apply.

• Mental health records: Florida clinical mental health records are confidential. We generally need express and informed consent before disclosure unless a Florida law exception applies, such as a qualifying court order, continuity-of-care authorization, or a serious and imminent threat allowed by law.
• Psychotherapy notes: We generally need your written authorization before sharing psychotherapy notes, except in limited circumstances allowed by federal law.
• Substance use disorder records: If we maintain patient records covered by 42 CFR Part 2, those records receive added protection. We will not use or disclose Part 2 records in a civil, criminal, administrative, or legislative investigation or proceeding against you without your written consent or a qualifying court order and subpoena. 
• HIV and sexually transmissible disease information: Florida law provides added confidentiality and permits or requires disclosure only in specified circumstances, including certain public health reporting. We follow those limits.
• Minors: A parent or other personal representative may usually act for a minor, but Florida law may give the minor control over information about certain services. We follow the law that applies to the service and the person requesting access.

Our responsibilities

• We are required by law to protect the privacy and security of your PHI.
• We will notify you as required by law if a breach may have compromised the privacy or security of your information.
• We must follow the duties and privacy practices described in this notice and give you a copy.
• We use reasonable safeguards and make reasonable efforts to limit PHI to the minimum necessary when that rule applies.
• We will not use or share your PHI except as described here or as you authorize in writing.

Changes to this notice

We may change this notice and make the new terms apply to PHI we already have and information we receive later. The current notice will be available at our locations, upon request, and on our website.

Questions and complaints

BayCare Privacy Department Call 855-466-6677. You may also ask the department how to submit a written request or complaint.

U.S. Department of Health and Human Services, Office for Civil Rights Write to 200 Independence Avenue, S.W., Washington, D.C. 20201; call 1-877-696-6775; or visit hhs.gov/hipaa/filing-a-complaint.

You will not be penalized or retaliated against for filing a complaint.