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. "Protected health
information" is information about you, including 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 both before and after the
change. 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
Uses and
Disclosures of Protected Health Information
You will be asked by your
physician to sign this Notice of Privacy Practices. We will
make a good faith effort to obtain a written acknowledgement
that you received this Notice of Privacy Practices for
Protected Health Information the first time we provide
services to you after April 14, 2003 or as soon as
reasonably practicable under the circumstances. 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 obtain payment for 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. These examples are not meant to be exhaustive, but to
describe the types of uses and disclosures that may be made
by our office.
Treatment. We will 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 may need access to
your protected health information. For example, we would
disclose your protected health information, as necessary, to
a home health agency that provides care to you. We will also
disclose protected health information to other physicians
who may be treating you. For example, your protected health
information may be provided to a physician to whom you have
been referred to ensure that the physician has the necessary
information to diagnose or treat you.
In addition, we may disclose
your protected health information from time-to-time 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 with your health care diagnosis or treatment to
your physician.
Payment. Your protected
health information will 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 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 include, but are
not limited to, quality assessment activities, employee
review activities, training of medical students, licensing,
and conducting or arranging for other business activities.
For example, we may disclose
your protected health information to medical school students
that see patients at our office. In addition, we may use a
sign-in sheet at the registration desk where you will be
asked to sign your name and indicate your physician. We may
also call you by name in the waiting room when your
physician is ready to see you. We may use or disclose your
protected health information, as necessary, to contact you
to remind you of your appointment.
We will 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 that contains
terms that will protect the privacy of your protected health
information.
We may use or disclose your
protected health information, as necessary, to provide you
with information about treatment alternatives or other
health-related benefits and services that may be of interest
to you. 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 Contact to request that these materials not be sent
to you.
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 Contact and request that these
fundraising materials not be sent to you.
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 this
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.
Other Permitted and Required Uses and
Disclosures that may be made without Your 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.
Facility Directories. Unless
you object, we will use and disclose in our facility
directory your name, the location at which you are receiving
care, your condition (in general terms), and your religious
affiliation. All of this information, except religious
affiliation, will be disclosed to people that ask for you by
name. Members of the clergy will be told your religious
affiliation.
Others Involved in Your
Healthcare. 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. 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 acknowledgement of our Privacy Practices
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 acknowledgement, but is unable,
he or she may still use or disclose your protected health
information for treatment, payment, and health care
operations.
Communication Barriers. We
may use and disclose your protected health information if
your physician or another physician in the practice attempts
to obtain an acknowledgement of our Privacy Practices from
you, but is unable to do so due to substantial communication
barriers.
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 acknowledgement 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 his/her
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 federal regulations that
protect the privacy of your protected health information.
2. Your
Rights
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.
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 Contact if you
have questions about access to your medical record.
You have the right to request a restriction of your
protected health information. This means you may ask us 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 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
a 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 submitting a written request to our
Privacy Contact.
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 Contact.
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 Contact if you have
questions about amending your medical record.
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 and valid authorizations or incidental
disclosures 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.
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 Contact of your
complaint. We will not retaliate against you for filing a
complaint.
You may contact our Privacy
Contact, Ms. Linda Weber, at 513-459-7750 for further
information about the complaint process. |