NOTICE OF PRIVACY PRACTICES
Date of Last Revision: 4/9/03
Effective Date: Immediately
This information is made available on request
by a patient
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.
THIS NOTICE APPLIES TO ALL OF THE RECORDS OF YOUR CARE GENERATED
BY THE 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 a 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 also may share medical information about you including your
record(s), prescriptions, requests of 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 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 other personal representatives authorized by you or by a legal
mandate (a guardian or other person who has been named to handle your medical
decisions, should you become incompetent).
- Payment. We may use and disclose medical information
about you for services and procedures so they may be billed and collected
from you, an insurance company, or any other third party. For example, we
may need to give your health care information, about treatment you received
at the Practice, to obtain payment or reimbursement for the care. We may also
tell your health plan and/or referring physician about a 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.
- Health Care Operations. 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 services 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
or external utilization review and/or quality assurance, to business associates
for purposes of helping us to comply with our legal requirements, to auditors
to verify our records, to billing companies to aid us in this process and the
like. We shall endeavor, at 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 ask that you sign in writing at the Receptionists' Desk, a "Sign
In" log on the day of your appointment with the Practice. 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 an e-mail, a message on an
answering machines, or otherwise which could (potentially) be received or
intercepted by others.
- Emergency Situations. In addition, we may disclose
medical information about you to an organization assisting in a disaster relief
effort or in an emergency situation 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
medical information for research, the project will have been approved through
this research approval process. We will obtain an Authorization from you before
using or disclosing your individually identifiable health information unless
the authorization requirement has been waived. If possible, we will make the
information non-identifiable to a specific patient. If the information has
been sufficiently de-identified, an authorization for the use or disclosure
is not required.
- 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 transplantation.
- 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 Risks. 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
laws.
- Lawsuits and Disputes. If you
are involved in a lawsuit or a dispute, we may disclose medical information
about you in 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 you 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 a death we believe may be the result of criminal conduct;
- 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.
- Coroners, Medical Examiners and Funeral Directors.
We may release medical information to a coroner or medical examiner. This
may be necessary, for example, to identify a deceased person or determine
the cause of death. We may also release medical information about patients
of the Practice to funeral directors as necessary to carry out their duties.
- Inmates. If you are an inmate
of a correctional institution 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 (1) for the institution
to provide you with health care; (2) to protect your health and safety or
the health and safety of others; or (3) 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.
[The Office Manager can be reached at this number 201-383-4775.]
You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION.
Other uses and disclosures of medical information not covered
by this notice or the laws 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 the 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 Compliance Officer. Ask the front desk person for
the name of the Compliance Officer. If you request a copy of the information,
we may charge a fee for the costs 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 recommendations 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 the
right to request an "accounting of disclosures." This is a list
of the disclosures we made of medical information about you, to others.
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). We will notify you
of the cost involved and you may choose to withdraw or modify your request at
that time before any costs are 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 a particular 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 excepted from the consent requirement or we are otherwise required
to disclose the information by law.
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., disclosures
to your children, parents, spouse, etc.)
- Right to Request Confidential Communications. You
have the right to request that we communicate with you about medical matters
in a certain way or at a certain location. For example, you can ask that we
only contact you at work or by mail, that we not leave voice mail or e-mail,
or the like.
To request confidential communications, you must make your request
in writing. We will not ask you the reason for your request. We will accommodate
all reasonable requests. Your request must specify how or where you wish us
to contact you.
- Right to a Paper Copy of This Notice. You have the
right to a paper copy of this notice. You may ask us to give you a copy of
this notice at any time. Even if you have agreed to receive this notice electronically,
you are still entitled to a paper copy of this notice.