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.
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.