16 Patient Guide iii. Information and Health Promotion Activities: MercyOne Siouxland Medical Center will use and disclose some of your PHI for certain health promotion activities. For example, your name and address will be used to send you general newsletter or specific information based on your own health concerns. E. More Stringent State and Federal Laws: The State law of Iowa is more stringent than HIPAA in several areas. Certain federal laws also are more stringent than HIPAA. MercyOne Siouxland Medical Center will continue to abide by these more stringent state and federal laws. i. More Stringent Federal Laws: The federal laws include applicable internet privacy laws, such as the Children’s Online Privacy Protection Act and the federal laws and regulations governing the confidentiality of health information regarding substance abuse treatment. ii. More Stringent State Laws: State law is more stringent when the individual is entitled to greater access to records than under HIPAA. State law also is more restrictive when the records are more protected from disclosure by state law than under HIPAA. In cases where MercyOne Siouxland Medical Center provides treatment to a patient who resides in a neighboring state, MercyOne Siouxland Medical Center will abide by the more stringent applicable state law. F. Health Information Exchange: MMercyOne Siouxland Medical Center shares your health records electronically or otherwise with a state-designated Health Information Exchange (“HIE”) that exchange health records with other HIEs unless you opt out of participating. MercyOne Siouxland Medical Center also uses data exchange technology (such as direct messaging services, HIPS, and provider portals) with its Electronic Health Record (“EHR”) to share your health records for continuity of care and treatment. HIEs and data exchange technology also enable the sharing of your health records to improve the quality of health care services provided to you (e.g., avoiding unnecessary duplicate testing). The shared health records will include, if applicable, sensitive diagnoses such as HIV/AIDS, sexually transmitted diseases, genetic information, and mental health substance abuse, etc. HIEs and data exchange technology function as our business associate and, in acting on our behalf, they will transmit, maintain and store your PHI for treatment, payment and health care operation purposes. HIEs and data exchange technologies are required to implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality and integrity of your medical information. Iowa state law provide you rights to restrict and opt-out of HIE(s). For more information please contact MercyOne Siouxland Medical Center’s Privacy Official at 712-279-5653. II. PERMITTED USE OR DISCLOSURE WITH AN OPPORTUNITY FOR YOU TO AGREE OR OBJECT A. Family/Friends: MMercyOne Siouxland Medical Center will disclose PHI about you to a friend or family member who is involved in or paying for your medical care. You have a right to request that your PHI not be shared with some or all of your family or friends. In addition, MercyOne Siouxland Medical Center will disclose PHI about you to an agency assisting in disaster relief efforts so that your family can be notified about your condition, status, and location. B. Hospital–Facility Directory: MercyOne Siouxland Medical Center may include certain information about you in a directory while you are a hospital patient at MercyOne Siouxland Medical Center. This information will include your name, location in MercyOne Siouxland Medical Center, your general condition (e.g., fair, stable, critical, etc.) and your religious affiliation. The directory information, except your religious affiliation, will be disclosed to people who ask for you by name. You have the right to request that your name not be included in MercyOne Siouxland Medical Center’s directory. you request to opt-out of the directory, we cannot inform visitors of your presence, location, or general conditi. C. Spiritual Care: Directory information, including your religious affiliation, will be given to a member of the clergy, even if they do not ask for you by name. Spiritual care providers are members of the health care team at MercyOne Siouxland Medical Center and may be consulted upon regarding your care. You have the right to request that your name not be given to any member of the clergy. D. Media Reports: MercyOne Siouxland Medical Center will release facility directory information to the media (excluding religious affiliation) if the media requests information about you using your name and after we have given you an opportunity to agree or object. III. USE OR DISCLOSURE REQUIRING YOUR AUTHORIZATION A. Marketing: Subject to certain limited exceptions, your written authorization is required in cases where MercyOne Siouxland Medical Center receives any direct or indirect financial remuneration in exchange for making the communication to you which encourages you to purchase a product or service or for a disclosure to a third party who wants to market their products or services to you. B. Research: MercyOne Siouxland Medical Center will obtain your written authorization to use or disclose your PHI for research purposes when required by HIPAA. C. Psychotherapy Notes: Most uses and disclosures of psychotherapy notes require your written authorization. D. Sale of PHI: Subject to certain limited exceptions, disclosures that constitute a sale of PHI require your written authorization. E. Other Uses and Disclosures: Any other uses or disclosures of PHI that are not described in this Notice of Privacy Practices require your written authorization. Written authorizations will let you know why we are using your PHI. You have the right to revoke an authorization at any time. IV. USE OR DISCLOSURE PERMITTED OR REQUIRED BY PUBLIC POLICY OR LAW WITHOUT YOUR AUTHORIZATION A. Law Enforcement Purposes: MercyOne Siouxland Medical Center will disclose your PHI for law enforcement purposes as required by law, such as identifying a criminal suspect or a missing person, or providing information about a crime victim or criminal conduct. If
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