Home : Services & Programs : Privacy Policy

Who will follow this notice

This notice describes Oaklawn’s practices and that of:

• any health care professional authorized to enter information into your chart;
• all employees, departments, and units of Oaklawn; and
• any member of a volunteer group allowed to help you at Oaklawn.

All these entities, sites and locations follow the terms of this notice. In addition, these entities, sites and locations may share medical information with each other for treatment, payment, or Oaklawn operations purposes described here.

Our pledge regarding medical information

We understand that medical information about you and your health is personal and we are committed to protecting your privacy. A record of the care and services you receive at Oaklawn is created in order to provide you with quality care and to comply with certain legal requirements.

This notice applies to all of the records of your care generated by Oaklawn. Other health care facilities may have different policies or notices regarding use and disclosure of your medical information. This notice will tell you about the ways in which we may use and disclose medical information about you. We also describe your rights and certain obligations we have regarding the use and disclosure of medical information. Oaklawn is required by law to:

• make sure that medical information that identifies you is kept private;
• give you this notice of our legal duties and privacy practices with respect to medical information about you; and
• follow the terms of the notice that is currently in effect.

We will disclose medical information about you when we are required to do so by federal, state or local law

To avert a serious threat to health or safety We will use and disclose medical information about you when we have a “Duty to Report” under state or federal law, because we believe that it is necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat. 

Public health risks

We will disclose medical information about you for public health reporting required by federal or state law in certain cases, including:

• to prevent or control disease, injury or disability;
• to report births and deaths;
• to report child abuse or neglect;
• to report reactions to medications or problems with products;
• to notify people of recalls of products they may be using;
• to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;
• to notify the appropriate government authority if we believe a client has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law.

Health oversight activities

We will disclose medical information as required by law to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, accreditation, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.

Lawsuits and disputes

If you are involved in a lawsuit or a dispute, we will disclose medical information about you when properly ordered to do so by a court.

Law enforcement

We will release medical information if asked to do so by a law enforcement official, and if permitted by law:

• in response to a court order;
• if required by state or federal law;
• to identify or locate a suspect, fugitive, material witness, or missing person;
• about the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement;
• about a death we believe may be the result of criminal conduct;
• about criminal conduct at an Oaklawn facility; and
• in emergency circumstances to report a crime; the location of the crime or victims; or the identity, description, or location of the person who committed the crime.

Protective services for the President and others

We will disclose medical information about you to authorized federal officials so they may provide protection to the President of the United States, other authorized persons or foreign heads of state, or conduct special investigations. 

How we may use and disclose medical information about you

The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures we will explain what we mean and try to give some examples. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories.

For treatment

We may use medical information about you to provide you with medical treatment or services. We may disclose medical information about you to doctors, psychologists, nurses, social workers, therapists, technicians, students, or other Oaklawn personnel who are involved in taking care of you. Different departments within Oaklawn also may share medical information about you in order to coordinate the different services you need. We also may disclose medical information about you to people outside Oaklawn, such as other health care providers involved in providing medical treatment for you.

For payment

We may use and disclose medical information about you so that the treatment and services you receive at Oaklawn and elsewhere, may be billed, and payment may be collected from you, an insurance company, or a third party. For example, we may need to give information to your health plan about treatment you received at Oaklawn so that your health plan will pay us or reimburse you for your treatment. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.

For health care operations

We may use and disclose medical information about you for Oaklawn operations or to another health care provider or health plan, if you have a relationship with that health care provider or health plan. These uses and disclosures are necessary to operate Oaklawn and make sure that all of our clients receive quality care. For example, we may use medical information to review our treatment and services and to evaluate the performance of our staff in caring for you. We may also combine medical information about many clients to decide what additional services Oaklawn should offer, what services are not needed, or whether certain new treatments are effective.

We may also disclose information to doctors, social workers, therapists, nurses, psychologists, technicians, medical students, and other personnel for review and learning purposes.

We may also combine the medical information we have with medical information from other health care providers to compare how we are doing and see where we can make improvements in the care and services we offer. We may remove information that identifies you from this set of medical information so others may use it to study health care and health care delivery without learning the identity of specific clients.

Appointment reminders

We may use and disclose medical information to contact you as a reminder that you have an appointment for treatment or medical care at Oaklawn.

Treatment alternatives

We may use and disclose medical information to tell you about or recommend possible treatment options or alternatives that may be of interest to you.

Health-related benefits and services

We may use and disclose medical information to tell you about health-related benefits or services that may be of interest to you.

Individuals involved in your care or payment for your care

We may release certain limited information about you to a friend or family member who is involved in your medical care, but only with your permission or the approval of your parent, guardian, or personal representative. We may also give information to someone who helps pay for your care. In addition, we may disclose medical information about you to an entity assisting in a disaster relief effort so that your family can be notified about your condition, status, and location.

Research

With your permission, there may be a rare occasion where Oaklawn would embark on a project for which they may use or disclose medical information about you for research purposes. All research projects are subject to an approval process. This process evaluates a proposed research project and its use of medical information, trying to balance the research needs with clients’ need for privacy of their medical information. If the project is approved and you are singled out to be a participant, we will ask you to sign an authorization.

Special situations

Organ and tissue donation

If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation, or to an organ donation bank, as necessary, to facilitate organ or tissue donation and transplantation.

Military and veterans

If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority.

Coroners, medical examiners and funeral directors

We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release medical information about clients of Oaklawn to funeral directors as necessary to carry out their duties.

National security and intelligence activities

We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

Inmates

If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to them (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.

Your rights regarding medical information about you

You have the following rights regarding medical information we maintain about you:

Right to inspect and copy

You have the right to inspect and copy medical information that may be used to make decisions about your care. Usually, this includes medical and billing records, but does not include psychotherapy notes.

To inspect and copy medical information that may be used to make decisions about your treatment, you must submit your request in writing to the Manager of Health Information. If you request a copy of the information, we may charge a fee for the costs of copying, mailing, or other supplies associated with your request.

We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, under some circumstances you may request that the denial be reviewed. Another licensed health care professional chosen by Oaklawn will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.

Right to amend

If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for Oaklawn.

To request an amendment, your request must be made in writing and submitted to the Manager of Health Information. In addition, you must provide a reason that supports your request.

We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that:

• was not created by Oaklawn, unless the person or entity that created the information is no longer available to make the amendment;
• is not part of the medical information kept by or for Oaklawn;
• is not part of the information which you would be permitted to inspect and copy; or
• is accurate and complete.

Right to an accounting of disclosures

You have the right to request an “accounting of disclosures.” This is a list of the disclosures we made of your medical information.

To request this list or accounting of disclosures, you must submit your request in writing to the Manager of Health Information. Your request must state a time period, which may not be longer than six years and may not include dates before April 14, 2003. Your request should indicate in what form you want the list (for example, on paper or electronically). The first list you request within a 12-month period will be free. For additional lists, you may be charged for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request before any costs are incurred.

Right to request restrictions

You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment, or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a specific treatment session you had.

We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide emergency treatment for you.

To request restrictions, you must make your request in writing to the Manager of Health Information. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure, or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse.

Right to request confidential communications

You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. 

To request confidential communications, you must make your request in writing to the Access Center, an administrative assistant, or the Privacy Officer at Oaklawn. We will not ask you the reason for your request and will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

Right to a paper copy of this notice

You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. You may obtain a copy of this notice at our web site at www.oaklawn.org. To obtain a paper copy of this notice, contact the receptionist at any Oaklawn location.

Changes to this notice

We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice in each of our facilities. The notice will contain on the first page, in the top right-hand corner, the effective date. In addition, each time you register at or are admitted to Oaklawn for treatment or health care services as an inpatient or outpatient, we will offer you a copy of the current notice in effect.

Complaints

If you believe your privacy rights have been violated, you may file a complaint with Oaklawn or with the Secretary of the Department of Health and Human Services. To file a complaint with Oaklawn, contact the Privacy Officer at 330 Lakeview Drive, P.O. Box 809, Goshen, IN 46527. All complaints must be submitted in writing.

You will not be penalized for filing a complaint.

Other uses of medical information

Other uses and disclosures of medical information not covered by this notice or the laws that apply to us will be made only with your written permission. If you provide us permission to use or disclose your medical information, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. Oaklawn is, of course, unable to take back any disclosures we have already made with your permission.