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.
If you have any
questions about this notice, please contact our Privacy Contact, Ms. Karen
Daugherty.
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. Theses 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.
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. Karen
Daugherty, at 937-436-1117 for further information about the complaint
process.
This notice was published and becomes effective on April 14, 2003.