| NOTICE OF PRIVACY PRACTICE |
Date
of last revision: 08-23-02
Effective Date: Immediately |
This information is made available to all patients
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED
AND HOW YOU MAY HAVE ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
THIS NOTICE APPLIES TO ALL OF THE RECORDS OF YOUR CARE GENERATED BY THIS PRACTICE,
WHETHER MADE BY THE PRACTICE OR AN ASSOCIATED FACILITY.
This notice describes our practice’s policies, which extend to:
- Any health care professional authorized to enter information
into your chart (including physicians, Pas, RNs, etc.)
- All areas of the practice (front desk, administration,
billing and collection, etc.);
- All employees, staff and other personnel that
work for or with our practice;
- Our business associates (including a billing
service, or facilities to which we refer patients),
on-call physicians, and so on.
The Practice provides this Notice to comply with the Privacy Regulations
issued by the Department of Health and Human Services in accordance with
the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
OUR THOUGHTS ABOUT YOUR PROTECTED HEALTH INFORMATION:
We understand that your medical information is personal to you,
and we are committed to protecting the information about you.
As our patient, we create paper and electronic medical records
about your health, our care for you, and the services and/or
items we provide to you as our patient. We need this record to
provide for your care and to comply with certain legal requirements.
We are required by law to:
- make sure that the protected health information about you
is kept private
- provide you with Notice of our Privacy Practices and your
legal rights with respect to protected health information about
you; and
- follow the conditions of the Notice that is currently in
effect.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU.
The following categories describe different ways that we use
and disclose protected health information that we have and share
with others. Each category of uses or disclosures provides a
general explanation and provides some examples of uses. Not every
use or disclosure in a category is either listed or actually
in place. The explanation is provided for your general information
only.
-
Medical Treatment. We use previously given medical
information about you to provide you with current or prospective
medical treatment or services. Therefore we may, and most
likely will disclose medical information about you to doctors,
nurses, technicians, medical students, or hospital personnel
who are involved in taking care of you. For example, a doctor
to whom we refer you for ongoing or further care may need
your medical record. Different areas of the Practice may
also share medical information about including your record(s),
prescriptions, requests for lab work and x-rays. We may also
discuss your medical information with you to recommend possible
treatment options or alternatives that may be of interest
to you. We also may disclose your medical information about
you to people outside the Practice who may be involved in
your medical care after you leave the Practice; this may
include your family members, or others we use or to whom
we refer you to provide services that are part of your care.
Unless clearly instructed to the contrary, we may release
medical information about you to a friend or family member
who is involved in your medical care. We may also give information
to someone who helps to pay or pays for your care.
- Payment. We may use and disclose medical
information about you to services and procedures so they may
be billed and collected from you, an insurance company, or
any other third party. For example, we may give your health
care information, about treatment that you received at the
Practice, to obtain payment or reimbursement for the care.
We may also tell your health care plan and/or referring physician
about treatment you are going to receive to obtain prior approval
or to determine whether your plan will cover the treatment,
to facilitate payment of a referring physician, or the like.
- Operational Uses. We may use and disclose
medical information about you so that we can run our Practice
more efficiently and make sure that all of our patients receive
quality care. These uses may include reviewing our treatment
and service to evaluate the performance of our staff, deciding
what additional services to offer and where, deciding what
services are not needed, and whether certain new treatments
are effective. We may also disclose information to doctors,
nurses, 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 Practices
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 who the specific patients are.
We may also use or disclose information about you for internal and external
utilization review and/or quality assurance, to business associates for
purpose of helping us with our legal requirements, to auditors to verify
records, to billing companies to aid us in this process and like. We
shall endeavor, in all times when business associates are used, to advise
them of their continued obligation to maintain the privacy of your medical
records.
- Appointment and Patient Recall Reminders,
We may use and disclose medical information
to contact you as a reminder that you have
an appointment for medical care with the Practice
or that you are due to receive periodic care
from the Practice. This contact may be by phone,
in writing, e-mail, or otherwise and may involve
the leaving of an e-mail, a message on an answering
machines, or otherwise which could (potentially)
be picked up by others.
- Others Involved in 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. Under certain
circumstances, we may use and disclose medical
information about you for research purposes
regarding medications, efficiency of treatment
protocols and the like. All research projects
are subject to an approval process, which evaluates
a proposed research project and its use of
medical information. Before we use or disclose
medial information for research, the project
will have been approved through this research
approval process, but we may however, disclose
medical information about you to people preparing
to conduct a research project, for example,
to help them look for patients with specific
medical needs, so long as the medical information
they review does not leave the Practice. We
will attempt to make the information non-identifiable
to a specific patient but we cannot guarantee
that we can always do this. We will endeavor
to (but cannot guarantee we will) seek your
specific permission if the researcher will
have access to your name, address or other
information that reveals who you are, or will
be involved in your care with the Practice;
provided, however that we will obtain your
specific authorization if required by law.
- Required By Law. We will
disclose medical information about you when
required to do so by federal, state or local
law.
- To Avert a Serious Threat to Health
or Safety. We may use and disclose
medical information about you when necessary
to prevent a serious threat either to your
specific 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.
- 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
transportation.
- Workers’ Compensation.
We may release medical information about you
for workers’ compensation or similar
programs. These programs provide benefits for
work-related injuries or illness.
- Public Health Risk. Law
or public policy may require us to disclose
medical information about you for public health
activities. These activities generally include
the following:
- 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 patient 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.
- Investigation and Government Activities.
We may disclose medical information to a local,
state or federal agency for activities authorized
by law. These oversight activities include,
for example, audits, investigations, inspections,
and licensure. These activities are necessary
for the payor, the government and other regulatory
agencies to monitor the health care system,
government programs, and compliance with civil
rights law.
- Lawsuits and Disputes.
If you are involved in a lawsuit or a dispute,
we may medical information about you to response
to a court or administrative order. This is
particularly true if you make your health an
issue. We may also disclose medical information
about you in response to a subpoena, discovery
request, or other lawful process by someone
else involved in the dispute. We shall attempt
in these cases to tell about the request so
that you may obtain an order protecting the
information.requested if you so desire. We
may also use such information to defend ourselves
or any member of our practice in any actual
or threatened action.
- Law Enforcement. We may
release medical information if asked to do
so by a law enforcement official:
- In response to a court order, subpoena,
warrant, summons or similar process;
- 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 criminal conduct at the Practice;
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.
- Inmates. If you are an
inmate of a correctional institute or under
the custody of a law enforcement official,
we may release medical information about you
to the correctional institution or law enforcement
official. This release would be necessary;
- for the institution to provide you
with health care;
- to protect your health and safety or
the health and safety of others; or
- for the safety and security of the
correctional institution.
CHANGES TO THIS NOTICE
We reserve the right to change this notice at any time. 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 may receive from you in the future. We will
post a copy of the current notice in the Practice. The notice
will contain on the first page, in the top right-hand corner,
the date of last revision and effective date. In addition,
each time you visit the Practice for treatment or health care
services you may request a copy of the current notice in effect.
COMPLAINTS
If you believe your privacy rights have been violated, you
may file a complaint with the Practice or with the Secretary
of the Department of Health and Human Services. To file a complaint
with the Practice, contact our office manager, who will direct
you on how to file an office complaint. All complaints must
be submitted in writing, and all complaints shall be investigated,
without repercussion to you.
You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION
Other uses and disclosure of medical information not covered
by this notice or the law that apply to us will be made only
with your written permission, unless those uses can be reasonably
inferred from the intended uses above. If you have provided
us with your permission to use or disclose medical information
about you, 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 reasons covered
by your written authorization. You understand that we are unable
to take back any disclosures we have already made with your
permission, and that we are required to retain our records
of the care that we provided to you.
PATIENT RIGHTS
THIS SECTION DESCRIBES YOUR RIGHTS AND
THE OBLIGATIONS OF THIS PRACTICE REGARDING THE USE AND DISCLOSURE
OF YOUR MEDICAL INFORMATION.
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. This includes your own medical
and billing records, but does not include psychotherapy notes.
Upon proof of an appropriate legal relationship, records of
others related to you or under your care (guardian or custodial)
may also be disclosed.
To inspect and copy your medical record, you must submit your
request in writing to our HIPAA Compliance Officer. Ask the
front desk person for the name of the HIPAA Compliance Officer.
If you request a copy of the information, we may charge a fee
for the cost of copying, mailing or other supplies (tapes,
disks, etc.) 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, you may request that our Compliance Committee
review the denial. Another licensed health care professional
chosen by the Practice 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 and recommendation
from that review.
- Right to Amend. If you feel that the medical
information we have about you in your record is incorrect or
incomplete, then you may ask us to amend the information, following
the procedure below. You have the right to request an amendment
for as long as the Practice maintains your medical record.
To request an amendment, your request must be submitted
in writing, along with your intended amendment and a reason
that supports your request to amend. The amendment must
be dated and signed by you and notarized.
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 us, 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 the
Practice;
- Is not part of the information which you would be permitted
to inspect and copy; or
- Is inaccurate and incomplete.
- Right to an Accounting of Disclosures. You
have right to request an “accounting of disclosures.” This
is a list of disclosures we made of medical information about
you, to others for purpose other than treatment, payment or
healthcare operations.
To request this list, you must submit your request in
writing. Your request must state a time period not longer
than six (6) years back and may not include dates before
April 14, 2003 (or the actual implementation date of the
HIPAA Privacy Regulations). Your request should indicate
in what form you want the list (for example, on paper,
electronically). The first list that you request within
a twelve (12) month period will be free. For additional
list, we may charge you for the cost of providing the list.
We will notify you of the cost involved and you may choose
to withdraw or modify your request at that time before
any cost 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 (a family member or friend). For example, you could ask
that we not use or disclose information about treatment you
received.
We are not required to agree to your request and we may
not be able to comply with your request. If we do agree,
we will comply with your request except that we shall not
comply, even with a written request, if the information
is needed to provide emergency treatment to you.
To request restrictions, you must make your request in
writing. In your request, you indicate:
- what information you want to limit;
- whether you want to limit our use, disclosure or both;
and
- to whom you want the limits to apply, (e.g., disclosure
to your children, parents, spouse, etc.)
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