Our Commitment to Your Privacy
KLW Outpatient Aftercare ("KLW," "we," "us," or "our") is committed to restoring wellness by offering a patient-centered, holistic recovery experience for individuals undergoing same-day surgery and other outpatient procedures. As a provider of nurse-led in-home care (including post-operative assessment, wound/drain care, medication management, and specialized services like IV Hydration Therapy and Manual Lymph Drainage) as well as non-medical Personal Support Services (Activities of Daily Living assistance, household assistance, and Non-Emergency Medical Transportation) in Nashville, Tennessee, and surrounding counties, we understand the highly sensitive nature of the care we provide within your home.
We are required by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Tennessee Medical Records Act (Tenn. Code Ann. § 63-2-101) to maintain the privacy of your Protected Health Information (PHI) and to provide you with this notice of our legal duties and privacy practices.
How We May Use and Disclose Your Health Information
We may use and disclose your PHI for the following purposes without your written authorization, applying the Minimum Necessary Rule to limit access to what is essential for job duties:
- Treatment
We may use your health information to provide, coordinate, or manage your in-home healthcare and related services. For example, our Registered Nurses (RNs) may consult with your primary surgeon or referring physician regarding your individualized Care Plan, post-surgical recovery, wound assessments, IV infusion protocols, or Manual Lymph Drainage (MLD) progress.
- Payment
We may use and disclose your information to obtain payment for the services we provide to you. KLW Outpatient Aftercare is a private-pay only organization and does not accept or process health insurance. Therefore, your information will be used to provide necessary documentation for self-pay invoicing, direct billing, or providing receipts for your personal records.
- Healthcare Operations
We may use your information for our internal operations, such as quality assessment, standardized training of our clinical and non-medical staff, evaluating staff competency, and ensuring compliance with infection control and safety protocols.
- As Required by Law
We will disclose your PHI when required to do so by federal, state, or local law. This includes reporting suspected abuse, neglect, or exploitation to the Tennessee Department of Health, Office of Health Care Facilities, or Adult Protective Services, as well as responding to law enforcement requests or court orders.
- Individuals Involved in Your Care
Unless you object, we may disclose to a family member, relative, caregiver, or close friend involved in your care or payment for your care, PHI directly relevant to that person's involvement. This is particularly relevant in the home health setting where family members frequently assist with activities of daily living and receive postoperative education from our staff.
- Emergency Situations
In the event of a medical crisis or environmental hazard in your home, our staff will disclose necessary PHI to emergency responders (e.g., calling 911) to ensure your immediate safety and care.
Your Privacy Rights
Under HIPAA and Tennessee state law (Tenn. Rule 0940-05-38-.10), you possess the following rights regarding your health information:
- Right to Inspect and Copy
You have the right to inspect and obtain a copy of your medical records, including your comprehensive needs assessment, individualized service plan, and clinical documentation (e.g., wound assessment forms, infusion logs). Pursuant to Tennessee law, we will furnish a copy or summary of your medical records within ten (10) working days of receiving a written request. We may charge a reasonable, statutorily limited fee for copying and mailing.
- Right to Amend
If you believe your health information is incorrect or incomplete, you may request an amendment in writing, detailing the reason for the request.
- Right to Request Restrictions
You may request restrictions on certain uses and disclosures of your PHI. We are not required to agree to all requests, except we must agree to restrict disclosure to a health plan if the disclosure is for payment or healthcare operations and pertains to a service for which you have paid out-of-pocket in full.
- Right to Confidential Communications
You have the right to request that we communicate with you in a specific manner or at a specific location to ensure confidentiality. All KLW staff are trained to conduct conversations involving PHI in a private manner.
- Right to an Accounting of Disclosures
You may request a list of instances where we disclosed your PHI for purposes other than treatment, payment, healthcare operations, or pursuant to your authorization.
- Right to a Paper Copy
You have the right to receive a paper copy of this Notice upon request.
Breach Notification
In the event of a suspected or actual breach of unsecured PHI, KLW staff are required to immediately notify our designated Compliance Officer. We will follow the mandatory Breach Notification Rule, notifying you and the Secretary of Health and Human Services (HHS) as required by HIPAA, as well as complying with the Tennessee Identity Theft Deterrence Act (Tenn. Code Ann. § 47-18-2107).
Changes to This Notice
We reserve the right to amend the terms of this Notice at any time. Any modifications will apply to all PHI we maintain. The updated Notice will be posted on our website and available upon request.
Complaints and Grievances
KLW Outpatient Aftercare recognizes your right to voice grievances with freedom from restraint, interference, coercion, discrimination, or reprisal. If you believe your privacy rights have been violated, you may file a formal grievance verbally or in writing with any KLW staff member, who will forward it to the RN Supervisor, or by contacting info@klwaftercare.org.
You also have the right to file a complaint with external agencies, including the Tennessee Department of Health, Office of Health Care Facilities, or the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights. You will not be penalized or subjected to retaliation for filing a complaint.
