THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED and DISCLOSED and HOW YOU CAN GET ACCESS TO THIS INFORMATION; PLEASE REVIEW IT CAREFULLY.
Updated as of: 2015
The Kansas Department for Aging and Disability Services (KDADS) is committed to protecting your health information. This Notice describes how KDADS 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 KDADS's confidentiality practices change, a new Notice will be posted, within 60 days, on KDADS's website at www.kdads.ks.gov.
Use, Share and Protection of Health Information
This section discusses the requirements of federal privacy laws. Kansas law provides additional protections in some circumstances.
The KDADS 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, KDADS 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 performing 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 KDADS for:
Treatment - KDADS may use and share your health information to approve, deny services and/or to determine if your level of service is appropriate. For example, KDADS may review your plan of care, submitted by your Managed Care Organization, for appropriate level of services.
Payment - KDADS 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 - KDADS may use and share your health information to evaluate a health plan's performance. For example, KDADS 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 the Kansas Statues or contact private counsel of your choice.
Other Uses, Sharing of Health Information or Disclosures of Health Information Required or Permitted by Law
Other Government Agencies/Organizations Providing Benefits, Services or Disaster Relief - KDADS 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 - KDADS 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 - KDADS 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 - KDADS may use and disclose health information to contact you. For example KDADS could mail you information such as a Letter of Determination after a CARE assessment, should you seek long-term care services.
Judicial and Administrative Hearings - KDADS may disclose specific health information in judicial proceedings as required by law, to defend or to administer KDADS's programs and services.
Family or Friends Involved in Your Care - KDADS 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. KDADS 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 - KDADS may disclose specific health information for purposes as required by law.
Disease Registries and Organ Donation - KDADS may disclose specific health information to authorized entities involved with organ donation and transplantation, communicable disease registries and cancer registries.
Research Purposes - KDADS may disclose specific health information to entities authorized to conduct a research project.
To Avert a Serious Threat to Health, Safety or Emergency Situation - KDADS may disclose specific health information to prevent a serious threat to a person's or the public's health or safety.
Specialized Government Functions - KDADS may disclose health information for national security and intelligence and protective services for the President and others as required by law. Also, KDADS may disclose health information to the appropriate military authorities if you are or have been a member of the armed services.
Correctional Institutions - KDADS 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 - KDADS may disclose health information to worker compensation programs that provide benefits for work-related injuries or illnesses without regard to fault.
Your Rights To Privacy
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 KDADS Authorization form. You may revoke such authorization in writing at any time. KDADS has procedures to assist you in understanding your rights regarding your health information. You may ask KDADS for a paper copy of this notice at any time.
Right to Request Restrictions - You have the right to request a restriction or limitation on the health information KDADS uses or discloses about you. KDADS 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 KDADS 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. KDADS will accommodate any reasonable request you may have to communicate health information by alternative means or at alternative locations.
Right to Inspect and 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 KDADS has about you is incorrect or incomplete, you may ask KDADS to amend the information. KDADS may deny your request if you ask to amend information that:
- Was not created by KDADS, unless the person or entity that created the information is no longer available to make the amendment;
- Is not part of the health information kept by or for KDADS;
- In not part of the information which you would be permitted to inspect and copy; or
- Is accurate and complete.
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
If you believe that KDADS has disclosed information about you that it should not have, you may file a complaint with KDADS's Privacy Officer.
Kansas Department for Aging and Disability Services
503 S. Kansas Avenue
Topeka, KS 66603-3404
You may also file a complaint with the U.S. Office of Civil Rights by calling 866-OCR-PRIV (627-7748) or 866-788-4989. There will be no retaliation against you for filing a complaint.