Privacy Policy

ACTS RETIREMENT-LIFE COMMUNITIES,® INC. (ACTS*)

Notice of Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

"Protected health information" or "PHI" is information about you, including demographic information that may identify you and relates to your past, present, or future physical or mental health or condition, the provision of health care to you, or the payment for that care.

We respect the privacy of your protected health information and are committed to keeping it confidential. This Notice describes how we may use and disclose your PHI that we have received or created and describes your rights of access to and our obligations regarding your protected health information.

We are required by law to take reasonable steps to protect the privacy of your protected health information and to provide to you this Notice about our legal duties and privacy practices and your rights concerning your protected health information. We are required to abide by the terms of the Notice.

We may work with a data provider to target advertising to you personally, through online and offline methods including email, display media, video media, and direct mail. These providers may use personal information that we have collected or that you have provided to locate you online, such as when you visit or log in to websites or mobile applications. When you log in to or visit our website, your IP address may be combined with other de-identified data (such as a hashed, non-readable email or postal address) in order to send ads and materials to you based on your preferences, interests, and attributes. To opt out of this and other interest-based advertising, please visit the industry opt-out pages operated by the DAA, at http://www.aboutads.info, and by the NAI at http://networkadvertising.org.

Offers may have been sent to you based on your in-store or on- line shopping history, as well as visits to our website(s), each of which the merchant (working with its service providers) may combine with personal information, including information you provide in response to this offer. To opt out of this and other interest-based advertising, please visit the industry opt-out pages operated by the DAA, at http://www.aboutads.info, and by the NAI, at http://networkadvertising.org.

USE AND DISCLOSURE FOR PAYMENT, TREATMENT, AND HEALTH CARE OPERATIONS

We may use and disclose your protected health information for purposes of payment, treatment, and health care operations. We have described these categories below and provide examples of the types of uses and disclosures we may make in each one.

For Payment. We may use and disclose your protected health information so that we can bill and receive payment for the treatment and services you receive. For billing and payment purposes, we may disclose your protected health information to your representative, insurance or managed care company, Medicare, Medicaid or a third party payer. For example, we may contact Medicare to confirm your coverage or request approval for a proposed treatment.

For Treatment. We will use and disclose your protected health information in providing you with treatment and services. We may disclose your protected health information to our personnel and others who may be involved in your care, such as physicians, nurses, nurse aides, hospice staff, consultants, and therapists. For example, a nurse caring for you will report any change in your condition to your physician. We also may disclose protected health information to individuals who will be involved in your care after you leave your community.

For Health Care Operations. We may use and disclose your protected health information to conduct and support our business and management activities. For example, we may use and disclose your protected health information to conduct business planning activities, to carry out legal services and auditing functions, to manage and monitor our quality of care (including the performance of our staff) and for general administrative duties.

USE AND DISCLOSURE FOR OTHER SPECIFIC PURPOSES

Acts Directory. Unless you object, we will include certain limited information about you in our directory. This information may include your name, your location (e.g. apartment or health care room), your general condition (e.g. "...is improving...") and your religious affiliation. Our directory does not include specific medical information about you. We may release information in our directory, except for your religious affiliation, to people who ask for you by name. We may provide the directory information, including your religious affiliation, to a member(s) of the clergy.

Individuals Involved in Your Care or Payment for Your Care. Unless you object, we may disclose your protected health information to a family member, other relative, or close personal friend who is involved in your care. If you are present and have the capacity to make health care decisions, we may use or disclose this information to notify these individuals of your location, general condition, or death, as long as we have obtained your agreement, given you an opportunity to object and you do not, or it is reasonable to infer from the circumstances that you do not object. If you are not present or are unable to agree or object due to incapacity or an emergency situation, we may exercise our professional judgment to determine whether disclosure of information relevant to the individual's involvement in your care is in your best interests.

Business Associates. We may disclose your protected health information to a business associate who provides certain functions or services for us that involve the use and/or disclosure of PHI, if we have a written contract with the business associate that contains terms designed to protect the privacy of your protected health information. A business associate is a person or entity that performs a function on our behalf and uses PHI in doing so, or that provide services to us such as legal, financial, actuarial, accounting, consulting, or administrative services. Examples of business associates include our attorneys and accountants.

Disaster Relief. We may disclose your protected health information to assist in a disaster relief effort.

As Required By Law. We will disclose your protected health information when required by law to do so.

Public Health Activities. We may disclose your protected health information for public health activities. These activities may include, for example:

• reporting to a public health or other government authority for preventing or controlling disease, injury or disability, or reporting child abuse or neglect;
• reporting to the federal Food and Drug Administration (FDA) concerning adverse events or problems with products for tracking products in certain circumstances, to enable product recalls or to comply with other FDA requirements; or
• notifying a person who may have been exposed to a communicable disease or may otherwise is at risk of contracting or spreading a disease or condition.

Reporting Victims of Abuse, Neglect or Domestic Violence. If we believe that you have been a victim of abuse, neglect or domestic violence, we may use and disclose your protected health information to notify a government authority if required or authorized by law, or if you agree.

Health Oversight Activities. We may disclose your protected health information to a health oversight agency for oversight activities authorized by law. These may include, for example, audits, investigations, inspections and licensure actions or other legal proceedings. These activities are necessary for government oversight of the health care system, government payment or regulatory programs, and compliance with civil rights laws.

Judicial and Administrative Proceedings. We may disclose your protected health information that is expressly authorized by a court or administrative order. We may disclose your protected health information in response to a subpoena, discovery request, or other lawful process that is not accompanied by an order of a court or administrative tribunal if we have satisfactory assurance that you have been given notice of the request or to obtain an order or agreement protecting the information.

Law Enforcement. We may disclose your protected health information for certain law enforcement purposes, including:  

• as required by law to comply with reporting requirements;
• to comply with a court order, warrant, subpoena, summons, investigative demand or similar legal process;
• to identify or locate a suspect, fugitive, material witness, or missing person (limited to certain categories of PHI); 
• when information is requested about the victim of a crime if the individual agrees or under other limited circumstances;
• to report information about a suspicious death; 
• to provide information about criminal conduct;
• to report information in emergency circumstances about a crime; or
• where necessary to identify or apprehend an individual relevant to a violent crime or escape from lawful custody.

Research. We may allow protected health information to be used or disclosed for research purposes provided that the researcher adheres to certain privacy protections. Your protected health information may be used for research purposes only if the privacy aspects of the research have been reviewed and approved by a special Privacy Board or Institutional Review Board, if the researcher is collecting information in preparing a research proposal, if the research occurs after your death, or if you authorize the use or disclosure.

Workers' Compensation. We may use or disclose your protected health information to comply with laws relating to workers' compensation or similar programs.

National Security and Intelligence Activities: Protective Services for the President and Others. We may disclose protected health information to authorized federal officials conducting national security and intelligence activities or as needed to provide protection to the President of the United States, certain other persons or foreign heads of states or to conduct special investigations.

Fundraising Activities. We may use certain protected health information to contact you in an effort to raise money for our operations. You may choose to opt out of receiving this information by so informing your executive director or administrator. We may also disclose demographic information and dates of health care to a business associate or foundation related to us so that the foundation may contact you to raise money for us.

Appointment Reminders. We may use or disclose protected health information to remind you about appointments. If you are not at home, we may leave a message.

Treatment Alternatives. We may use or disclose protected health information to inform you about treatment alternatives that may be of interest to you.

Health-Related Benefits and Services. We may use or disclose protected health information to inform you about health-related benefits and services that may be of interest to you.

III. AUTHORIZATION REQUIRED FOR OTHER USES OR DISCLOSURES

Other uses and disclosures of protected health information not covered by this Notice will be made only with your written Authorization. If you give us written Authorization to use or disclose your protection health information, you may revoke that Authorization, in writing, at any time. If you revoke your Authorization, we will no longer use or disclose your protected health information for the purposes covered by the Authorization other than those described in the Notice. You understand that we are unable to take back any disclosures we have already made in reliance on the Authorization.

IV. YOUR RIGHTS REGARDING YOUR PROTECTED HEALTH INFORMATION

You have the following rights regarding your protected health information:

Right to Request Restrictions. You have the right to request restrictions in writing on our use or disclosure of your protected health information for payment, treatment, or health care operations. You have the right to request restrictions in writing to restrict disclosure of your protected health information that pertains solely to a healthcare item or service for which you or a person other than your health plan has paid us entirely in full. You also have the right to restrict the protected health information we disclose about you to a family member, friend, or other person who is involved in your care or the payment for your care.

(For skilled care center residents: We are required to agree to your requested written restriction unless you are being transferred to another health care institution, the release of records is required by law, or the release of information is needed to provide you emergency treatment.)

We are not required to agree to your requested restriction (except that while you are competent you may restrict disclosures to family members or friends). If we do agree to accept your requested restriction, we will comply with your request except as needed to provide you emergency treatment.

Right of Access to Protected Health Information. You have the right to inspect and obtain a copy of your medical or billing records or other written information that may be used to make decisions about your care, subject to limited exceptions such as psychotherapy notes or information compiled in anticipation of litigation.

Your request for access must be made in writing and must be submitted to the executive director or administrator on a form that is available in the office of both individuals. We may charge a reasonable fee for our costs in copying and mailing your requested information.

(For skilled care center residents: You have the right to request, either orally or in writing, your medical or billing records or other written information that may be used to make decisions about your care. We must allow you to inspect your records within 24 hours of your request. If you request copies of the records, we must provide you with copies within 2 business days of that request. We may charge a reasonable fee for our costs in copying and mailing your requested information.)

We may deny your request to inspect or receive copies in certain limited circumstances. Access may be denied, for instance, to protect the confidentiality of another individual, to safeguard information covered by the Privacy Act, or in other circumstances outlined by the Privacy Rule. If you are denied access to protected health information, in some cases you will have a right to request review of the denial, such as those that are based upon endangerment to another individual or those involving a reference to another individual. This review would be performed by a licensed health care professional we designate who did not participate in the decision to deny your initial request.

Right to Request Amendment. You have the right to request us to amend any protected health information we maintain for as long as the information is kept by or for us. You must make your request in writing and must state the reason for the requested amendment. We may deny your request for amendment if the information:

• was not created by us, unless the originator of the information is no longer available;
• is not a part of the designated record set (e.g. medical, billing, or other records) maintained by or for us;
• is not a part of the information to which you have a right of access; or
• is already accurate and complete, as we determine

If we deny your request for amendment, we will give you a written denial including the reason for the denial and the right to submit a written statement disagreeing with the denial.

Right to an Accounting of Disclosures. You have the right to request an "accounting" of our disclosures of your protected health information. This is a listing of certain disclosures of your protected health information made by us or by others on our behalf, but does not include disclosures for payment, treatment, and health care operations or certain other exceptions.

To request an accounting of disclosures, you must submit a request in writing, stating a time period beginning after April 14, 2003 that is within six years from the date of your request. An accounting will include, if requested: the disclosure date; the name of the person or entity that received the information and address, if known; a brief description of the information disclosed; a brief statement of the purpose of the disclosure or certain summary information concerning multiple similar disclosures. The first accounting provided within a 12-month period will be free; for further requests, we may charge you our costs.

Right to a Paper Copy of This Notice. You have the right to obtain a paper copy of this Notice, even if you have agreed to receive this Notice electronically. You may request a copy of this Notice at any time. You may obtain a copy of this Notice at our website: www.actsretirement.com.

Right to Request Confidential Communications. You have the right to request that we communicate with you concerning protected health information in a certain manner or at a certain location. For example, you can request that we contact you only at a certain phone number. We will accommodate your reasonable requests.

V. STATE SPECIFIC REQUIREMENTS

Members of the ACTS ACE operate in various states. We must follow both federal and state law to the extent they do not conflict with one another. HIPAA generally will take precedence over state laws that are contrary to HIPAA unless (1) the state law relates to the privacy of individually identifiable health information and offers protections greater than those available to you under HIPAA or (2) the state law provides for the reporting of disease or injury, child abuse, birth, or death, or for the conduct of public health. In those cases, the state law will take priority over HIPAA. Appendix A to this Notice contains a general discussion of state laws that offer protections greater than those available to you under HIPAA and apply in the state in which you reside.

VI. COMPLAINTS

If you believe that your privacy rights have been violated, you may submit a complaint in writing to the executive director or administrator who will forward your complaint to the privacy officer for the ACTS ACE or you may submit your complaint directly to the privacy officer by writing Acts Retirement-Life Communities, Inc., ATTN: Privacy Officer, 420 Delaware Drive, Fort Washington, PA 19034. You also have the right to file a complaint with the Secretary of the U. S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U. S. Department of Health and Human Services upon request.

We support your right to privacy of your protected health information. We will not retaliate against you if you file a complaint with us or with the U. S. Department for Health and Human Services.

VII. CHANGES TO THIS NOTICE

We reserve the right to change our privacy practices and the terms of this Notice at any time.

The revised Notice will be effective for all protected health information we already received as well as for all protected health information we receive in the future. We will post a copy of the current Notice in all ACTS retirement-life communities, home health agencies, and corporate and divisional offices. In addition, we will post a copy of the revised Notice on our web site and provide a copy to you upon request. Please make your request for a copy of this Notice to your executive director or administrator.

VIII. PRIVACY OFFICER

We have designated the Vice President of Health and Services for ACTS-Retirement Life Communities, Inc. as the privacy officer for the ACTS ACE. If you have any questions about this Notice or would like further information concerning your privacy rights, the privacy officer may be contacted at:

Telephone: (215) 661-8330

Address: 420 Delaware Drive
Fort Washington, PA 19034

This Notice applies to all the entities that have designated themselves as members of the ACTS Affiliated Covered Entity as listed on page 1 of this Notice.  

ACTS Retirement-Life Communities, Inc. operates the following communities:

In Pennsylvania: Fort Washington Estates, Gwynedd Estates, Spring House Estates, Southampton Estates, Lima Estates, Normandy Farms Estates, Granite Farms Estates, Brittany Pointe Estates

In Florida: Azalea Trace, St. Andrews Estates North, St. Andrews Estates South, Edgewater Pointe Estates, Indian River Estates East, Indian River Estates West

In Georgia: Lanier Village Estates

In North Carolina: Matthews Glen, Tryon Estates

In New Jersey: The Evergreens

In Alabama: Westminster Village, Magnolia Trace

In Maryland: Heron Point of Chestertown, Buckingham's Choice, Fairhaven, Bayleigh Chase

In South Carolina: Park Pointe Village

Heron Point of Chestertown, Inc., operates Heron Point in Chestertown, Maryland

Magnolia Trace, an ACTS Retirement-Life Community, LLC operates Magnolia Trace in Huntsville, Alabama

Park Pointe Village, Inc. operates Park Pointe Village in Rock Hill, South Carolina

Village Nursing Care, Inc. provides home care services in the Gainesville, Georgia area

Issued March 2003
Revised February 2020