THIS NOTICE DESCRIBES HOW
MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND
HOW YOU MAY OBTAIN ACCESS TO THIS
INFORMATION.
PLEASE REVIEW IT CAREFULLY.
If you have any questions regarding this Notice please contact the Privacy
Officer.
We understand that medical information about you and your health is personal.
Therefore, we are committed to protecting such information. This Notice of
Privacy Practices describes how we may use and disclose your protected health
information to carry out treatment, payment or health care operations and for
other purposes that are permitted or required by law. It also describes
your rights to access and control your protected health information as well
as certain obligations we have regarding the use and disclosure of such information. “Protected
health information” is information about you, including but not limited
to demographic information, that may identify you and that relates to your
past, present or future physical or mental health or condition and related
health care services.
We are required to abide by the terms of this Notice of Privacy Practices.
We may change the terms of our notice at any time. The new notice will be effective
for all protected health information that we maintain at that time. Upon your
request, we will provide you with any revised Notice of Privacy Practices by
calling the office and requesting that a revised copy be sent to you in the
mail or asking for one at the time of your next appointment.
1. USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
The following categories describe different ways that we may use and disclose
medical information. For each category of uses or disclosures, we will
explain what we mean and attempt to offer some examples. Not every possible
use or disclosure in a category will be listed. All of the ways we are
permitted to use and disclose information, however, will fall within one of
the categories below.
A. Uses and Disclosures of Protected Health Information
Based Upon Your Written Consent
You will be asked by your physician to sign a consent form. Please review the
consent form carefully. Once you have consented to use and disclosure
of your protected health information for treatment, payment and health care
operations by signing the form, your physician may use or disclose your protected
health information as described in this Section 1. Your protected health information
may be used and disclosed by your physician, our office staff and others outside
of our office that are involved in your care and treatment for the purpose
of providing health care services to you. Your protected health information
may also be used and disclosed to pay your health care bills and to support
the operation of the physician’s practice.
Following are examples of the types of uses and disclosures of your protected
health care information that the physician’s office is permitted to make
once you have signed our consent form. These examples are not meant to be exhaustive,
but rather to describe the types of uses and disclosures that may be made by
our office once you have provided your consent.
Treatment: We may use and disclose your protected
health information to provide, coordinate, or manage your health care and any
related services. This includes the coordination or management of your
health care with a third party that has already obtained your permission to
have access to your protected health information. For example, as necessary,
we would disclose your protected health information to a home health agency
that provides care to you. We may also disclose protected health information
to other physicians who may be treating you after we have obtained the necessary
authorization from you to disclose your protected health information. For
example, your protected health information might be provided to a physician
to whom you have been referred by this office to ensure that the physician
has all the necessary information to diagnose or treat you.
In addition, from time-to-time we may disclose your protected health information
to another physician or health care provider (e.g., a specialist or laboratory)
who, at the request of your physician, becomes involved in your care by providing
assistance to your physician with your health care diagnosis or treatment.
Payment: Your protected health information may
be used, as needed, to obtain payment for your health care services. This
may include certain activities that your health insurance plan may undertake
before it approves or pays for the health care services we recommend for you
such as: making a determination of eligibility or coverage for insurance
benefits, reviewing services provided to you for medical necessity, and undertaking
utilization review activities. For example, obtaining approval for a
hospital stay may require that your relevant protected health information be
disclosed to the health plan in order to obtain approval for the hospital admission.
Healthcare Operations: We may use or disclose,
as-needed, your protected health information in order to support the business
activities of your physician’s practice. These activities may include,
but are not limited to, the following:
Appointment Reminders - We may use and disclose medical information, as necessary,
to contact you to remind you of an appointment at our office.
Sign-In and Waiting Room - We may use a sign-in sheet at the registration desk
where you will be asked to sign your name and indicate your physician. And
we may also call you by name in the waiting room when your physician is ready
to see you.
Training - We may disclose your protected health information to medical school
students that see patients at our office as part of their training.
Internal Reviews and Quality Assessment - We may disclose your protected health
information in the course of conducting internal reviews of our employees or
in internal quality assessment activities of our office.
Business Associates - We may share your protected health information with third
party “business associates” that perform various activities (e.g.,
billing, transcription services) for the practice. Whenever an arrangement
between our office and a business associate involves the use or disclosure
of your protected health information, we will have a written contract in place
with such business associate that contains terms that will protect the privacy
of your protected health information.
Treatment Alternatives - As necessary, we may use or disclose your protected
health information to provide you with information about treatment alternatives
or other health-related benefits and services that may be of interest to you.
Marketing and Health-Related Benefits and Services - We may also use and disclose
your protected health information for other marketing activities. For
example, your name and address may be used to send you a newsletter about our
practice and the services we offer. We may also send you information
about products or services that we believe may be beneficial to you. You
may contact our Privacy Officer at 877-295-3051 to request that these materials
not be sent to you.
Fundraising Activities - We may use or disclose your demographic information
and the dates that you received treatment from your physician, as necessary,
in order to contact you for fundraising activities supported by our office. If
you do not want to receive these materials, please contact our Privacy Officer
at 877-295-3051 to request that these materials not be sent to you.
B. Uses and Disclosures of Protected Health Information
Based upon Your Written Authorization
Other uses and disclosures of your protected health information will be made
only with your written authorization, unless otherwise permitted or required
by law as described below. You may revoke such authorization, at any time,
in writing, except to the extent that your physician or the physician’s
practice has taken an action in reliance on the use or disclosure indicated
in the authorization.
C. Other Permitted and Required Uses and Disclosures
That May Be Made With Your Consent, Authorization or Opportunity to Object
We may use and disclose your protected health information in the following
instances. You have the opportunity to agree or object to the use or disclosure
of all or part of your protected health information. If you are not present
or able to agree or object to the use or disclosure of the protected health
information, then your physician may, using professional judgment, determine
whether the disclosure is in your best interest. In this case, only the
protected health information that is relevant to your health care will be disclosed.
Individuals Involved in Your Care or Payment for Your
Care: Unless you object, we may disclose to a member of your family,
a relative, a close friend or any other person you identify, your protected
health information that directly relates to that person’s involvement
in your health care or payment for your care. If you are unable to agree
or object to such a disclosure, we may disclose such information as necessary
if we determine that it is in your best interest based on our professional
judgment. We may use or disclose protected health information to notify
or assist in notifying a family member, personal representative or any other
person that is responsible for your care of your location, general condition
or death. Finally, we may use or disclose your protected health information
to an authorized public or private entity to assist in disaster relief efforts
and to coordinate uses and disclosures to family or other individuals involved
in your health care.
Emergencies: We may use or disclose your protected
health information in an emergency treatment situation. If this happens,
your physician shall try to obtain your consent as soon as reasonably practicable
after the delivery of treatment. If your physician or another physician
in the practice is required by law to treat you and the physician has attempted
to obtain your consent but is unable to obtain your consent, he or she may
still use or disclose your protected health information to treat you.
Communication Barriers: We may use and disclose
your protected health information if your physician or another physician in
the practice attempts to obtain consent from you but is unable to do so due
to substantial communication barriers and the physician determines, using professional
judgment, that you intend to consent to use or disclosure under the circumstances.
D. Other Permitted and Required Uses and Disclosures
That May Be Made Without Your Consent, Authorization or Opportunity to Object
We may use or disclose your protected health information in the following situations
without your consent or authorization. These situations include:
Required By Law: We may use or disclose
your protected health information to the extent that the use or disclosure
is required by law. The use or disclosure will be made in compliance
with the law and will be limited to the relevant requirements of the law. You
will be notified, as required by law, of any such uses or disclosures.
Public Health: We may disclose your protected
health information for public health activities and purposes to a public health
authority that is permitted by law to collect or receive the information. The
disclosure will be made for the purpose of controlling disease, injury or disability. We
may also disclose your protected health information, if directed by the public
health authority, to a foreign government agency that is collaborating with
the public health authority.
Communicable Diseases: We may disclose
your protected health information, if authorized by law, to a person who may
have been exposed to a communicable disease or may otherwise be at risk of
contracting or spreading the disease or condition.
Health Oversight: We may disclose protected
health information to a health oversight agency for activities authorized by
law, such as audits, investigations, and inspections. Oversight agencies seeking
this information include government agencies that oversee the health care system,
government benefit programs, other government regulatory programs and civil
rights laws.
Abuse or Neglect: We may disclose your protected
health information to a public health authority that is authorized by law to
receive reports of child abuse or neglect. In addition, we may disclose
your protected health information if we believe that you have been a victim
of abuse, neglect or domestic violence to the governmental entity or agency
authorized to receive such information. In this case, the disclosure
will be made consistent with the requirements of applicable federal and state
laws.
Food and Drug Administration: We may disclose
your protected health information to a person or company required by the Food
and Drug Administration to report adverse events, product defects or problems,
biologic product deviations, track products; to enable product recalls; to
make repairs or replacements, or to conduct post marketing surveillance, as
required.
Legal Proceedings: We may disclose protected health
information in the course of any judicial or administrative proceeding, in
response to an order of a court or administrative tribunal (to the extent such
disclosure is expressly authorized), in certain conditions in response to a
subpoena, discovery request or other lawful process.
Law Enforcement: We may also disclose protected
health information, so long as applicable legal requirements are met, for law
enforcement purposes. These law enforcement purposes include (1) legal processes
and otherwise required by law, (2) limited information requests for identification
and location purposes, (3) pertaining to victims of a crime, (4) suspicion
that death has occurred as a result of criminal conduct, (5) in the event that
a crime occurs on the premises of the practice, and (6) medical emergency (not
on the Practice’s premises) and it is likely that a crime has occurred.
Coroners, Funeral Directors, and Organ Donation: We
may disclose protected health information to a coroner or medical examiner
for identification purposes, determining cause of death or for the coroner
or medical examiner to perform other duties authorized by law. We may also
disclose protected health information to a funeral director, as authorized
by law, in order to permit the funeral director to carry out their duties.
We may disclose such information in reasonable anticipation of death. Protected
health information may be used and disclosed for cadaveric organ, eye or tissue
donation purposes.
Research: We may disclose your protected health
information to researchers when their research has been approved by an institutional
review board that has reviewed the research proposal and established protocols
to ensure the privacy of your protected health information.
Criminal Activity: Consistent with applicable
federal and state laws, we may disclose your protected health information,
if we believe that the use or disclosure is necessary to prevent or lessen
a serious and imminent threat to the health or safety of a person or the public. We
may also disclose protected health information if it is necessary for law enforcement
authorities to identify or apprehend an individual.
Military Activity and National Security: When
the appropriate conditions apply, we may use or disclose protected health information
of individuals who are Armed Forces personnel (1) for activities deemed necessary
by appropriate military command authorities; (2) for the purpose of a determination
by the Department of Veterans Affairs of your eligibility for benefits, or
(3) to foreign military authority if you are a member of that foreign military
services. We may also disclose your protected health information to authorized
federal officials for conducting national security and intelligence activities,
including for the provision of protective services to the President or others
legally authorized.
Workers’ Compensation: Your protected health
information may be disclosed by us as authorized to comply with workers’ compensation
laws and other similar legally-established programs.
Inmates: We may use or disclose your protected health information if you are
an inmate of a correctional facility and your physician created or received
your protected health information in the course of providing care to you.
Required Uses and Disclosures: Under the law, we must make disclosures
to you and when required by the Secretary of the Department of Health and Human
Services to investigate or determine our compliance with the requirements of
the Health Insurance Portability and Accountability Act of 1996, Section 164.500
et. seq.
2. YOUR RIGHTS REGARDING MEDICAL INFORMATION
ABOUT YOU.
Following is a statement of your rights with respect to your protected health
information and a brief description of how you may exercise these rights.
A. You have the right to inspect and copy your protected
health information.
This means you may inspect and obtain a copy of protected health information
about you that is contained in a designated record set for as long as we maintain
the protected health information. A “designated record set” contains
medical and billing records and any other records that your physician and the
practice uses for making decisions about you.
Under federal law, however, you may not inspect or copy the following records;
psychotherapy notes; information compiled in reasonable anticipation of, or
use in, a civil, criminal, or administrative action or proceeding, and protected
health information that is subject to law that prohibits access to protected
health information. Depending on the circumstances, a decision to deny
access may be reviewable. In some circumstances, you may have a right
to have this decision reviewed. Please contact our Privacy Officer at
877-295-3051 if you have questions about access to your medical record.
B. You have the right to request a restriction of your
protected health information.
This means you may ask us, in writing, not to use or disclose any part of your
protected health information for the purposes of treatment, payment or healthcare
operations. You may also request that any part of your protected health
information not be disclosed to family members or friends who may be involved
in your care or for notification purposes as described in this Notice of Privacy
Practices. Your written request must state the specific restriction requested
and to whom you want the restriction to apply.
Your physician is not required to agree to a restriction that you may request. If
the physician believes it is in your best interest to permit use and disclosure
of your protected health information, your protected health information will
not be restricted. If your physician does agree to the requested restriction,
we may not use or disclose your protected health information in violation of
that restriction unless it is needed to provide emergency treatment. With this
in mind, please discuss any restriction you wish to request with your physician.
You may request a restriction by contacting our Privacy Officer .
C. You have the right to request to receive confidential
communications from us by alternative means or at an alternative location.
We will accommodate reasonable requests. We may also condition this accommodation
by asking you for information as to how payment will be handled or specification
of an alternative address or other method of contact. We will not request an
explanation from you as to the basis for the request. Please make this
request in writing to our Privacy Officer.
D. You may have the right to have your physician amend
your protected health information.
This means you may request an amendment of protected health information about
you in a designated record set for as long as we maintain this information. In
certain cases, we may deny your request for an amendment. If we deny
your request for amendment, you have the right to file a statement of disagreement
with us and we may prepare a rebuttal to your statement and will provide you
with a copy of any such rebuttal. Please contact our Privacy Officer at 877-295-3051
to determine if you have questions about amending your medical record.
E. You have the right to receive an accounting of certain
disclosures we have made, if any, of your protected health information.
This right applies to disclosures for purposes other than treatment, payment
or healthcare operations as described in this Notice of Privacy Practices.
It excludes disclosures we may have made to you, for a facility directory,
to family members or friends involved in your care, or for notification purposes.
You have the right to receive specific information regarding these disclosures
that occurred after April 14, 2003 .You may request a shorter timeframe. The
right to receive this information is subject to certain exceptions, restrictions
and limitations.
F. You have the right to obtain a paper copy of this
notice from us.
Upon request, even if you have agreed to accept this notice electronically.
3. COMPLAINTS
You may complain to us or to the Secretary of Health and Human Services if
you believe your privacy rights have been violated by us. You may file a complaint
with us by notifying our Privacy Officer of your complaint. We will not retaliate
against you for filing a complaint.
You may contact our Privacy Officer at 877-295-3051 for further information
about the complaint process.
This notice was published and becomes effective on April 14, 2003. |