HIPAA
LAW
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 Privacy Notice is being provided to you
as a requirement of a federal law, the Health Insurance Portability
and Accountability Act (HIPAA). This Privacy Notice 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 in some
cases. Your "protected health information" means any written and oral
health information about you, including demographic data that can be
used to identify you. This is health information that is created or
received by your health care provider, and that relates to your past,
present or future physical or mental health or condition.
I. Uses and Disclosures of
Protected Health Information
The physician may use your protected health
information for purposes of providing treatment, obtaining payment
for treatment, and conducting health care operations. Your protected
health information may be used or disclosed only for these purposes
unless the physician office staff has obtained your authorization or
the use or disclosure is otherwise permitted by the HIPAA privacy
regulations or state law. Disclosures of your protected health
information for the purposes described in this Privacy Notice may be
made in writing, orally, or by facsimile.
A.
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 for treatment purposes. For example, we may
disclose your protected health information to a pharmacy to fill a
prescription or to a laboratory to order a blood test. We may also
disclose protected health information to physicians who may be
treating you or consulting with the physician office with respect to
your care. In some cases, we may also disclose your protected health
information to an outside treatment provider for purposes of the
treatment activities of the other provider.
B.
Payment. Your protected health information will be used, as needed,
to obtain payment for the services that we provide. This may include
certain communications to your health insurance company to get
approval for the procedure that we have scheduled. For example, we
may need to disclose information to your health insurance company to
get prior approval for the surgery. We may also disclose protected
health information to your health insurance company to determine
whether you are eligible for benefits or whether a particular service
is covered under your health plan. In order to get payment for the
services we provide to you, we may also need to disclose your
protected health information to your health insurance company to
demonstrate the medical necessity of the services or, as required by
your insurance company, for utilization review. We may also disclose
patient information to another provider involved in your care for the
other
providers payment activities.
C. Operations. We may use
or disclose your protected health information, as necessary, for our
own health care operations to facilitate the function of the
physician’s office and to provide quality care to all patients.
Health care operations include such activities as: quality assessment
and improvement activities, employee review activities, training
programs including those in which students, trainees, or
practitioners in health care learn under supervision, accreditation,
certification, licensing or credentialing activities, review and
auditing, including compliance reviews, medical reviews, legal
services and maintaining compliance programs, and business management
and general administrative activities. In certain situations, we may
also disclose patient information to another provider or health plan
for their health care operations.
D.
Other Uses and Disclosures. As part of treatment, payment and health
care operations, we may also use or disclose your protected health
information for the following purposes: to remind you of your
appointment, to inform you of potential treatment alternatives or
options, to inform you of health-related benefits or services that
may be of interest to you, or to contact you to raise funds for an
institutional foundation related to the physician office. If you do
not wish to be contacted regarding fundraising, please contact our
Privacy Officer.
II. Uses and
Disclosures Beyond Treatment, Payment, and Health Care Operations
Permitted Without Authorization or Opportunity to
Object
Federal privacy rules allow us to use or disclose your protected
health information without your permission or authorization for a
number of reasons including the following:
A. When Legally Required.
We will disclose your protected health information when we are
required to do so by any federal, state or local law.
B.
When There Are Risks to Public Health. We may disclose your protected
health information for the following public activities and
purposes:
To
prevent, control, or report disease, injury or disability as
permitted by law.
To
report vital events such as birth or death as permitted or
required by law.
To
conduct public health surveillance, investigations and
interventions as permitted or required by law.
To
collect or report adverse events and product defects, track FDA
regulated products, enable product recalls, repairs or
replacements to the FDA and to conduct post marketing
surveillance.
To
notify a person who has been exposed to a communicable disease or
who may be at risk of contracting or spreading a disease as
authorized by law.
To
report to an employer information about an individual who is a
member of the workforce as legally permitted or required.
C.
To Report Suspended Abuse, Neglect Or Domestic Violence. We
may notify government authorities if we believe that a patient is the
victim of abuse, neglect or domestic violence. We will make this
disclosure only when specifically required or authorized by law or
when the patient agrees to the disclosure.
D. To Conduct Health
Oversight Activities. We may disclose your protected health
information to a health oversight agency for activities including
audits; civil, administrative, or criminal investigations,
proceedings, or actions; inspections; licensure or disciplinary
actions; or other activities necessary for appropriate oversight as
authorized by law. We will not disclose your health information under
this authority if you are the subject of an investigation and your
health information is not directly related to your receipt of health
care or public benefits.
E.
In Connection With Judicial And Administrative Proceedings. We may
disclose your protected health information in the course of any
judicial or administrative proceeding in response to an order of a
court or administrative tribunal as expressly authorized by such
order. In certain circumstances, we may disclose your protected
health information in response to a subpoena to the extent authorized
by state law if we receive satisfactory assurances that you have been
notified of the request or that an effort was made to secure a
protective order.
F. For Law Enforcement
Purposes. We may disclose your protected health information to a law
enforcement official for law enforcement purposes as
follows:
As required by law for reporting of certain types of wounds or
other physical injuries.
Pursuant to court order, court-ordered warrant, subpoena,
summons or similar process.
For the purpose of identifying or locating a suspect, fugitive,
material witness or missing person.
Under certain limited circumstances, when you are the victim of
a crime.
To a law enforcement official if the physician office has a
suspicion that your health condition was the result of criminal
conduct.
In an emergency to report a crime.
G.
To Coroners, Funeral Directors, and for Organ Donation. We may
disclose protected health information to a coroner or medical
examiner for identification purposes, to determine 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 their 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.
H. For Research Purposes.
We may use or disclose your protected health information for research
when the use or disclosure for research has been approved by an
institutional review board that has reviewed the research proposal
and research protocols to address the privacy of your protected
health information.
I.
In the Event of a Serious Threat to Health or Safety. We may,
consistent with applicable law and ethical standards of conduct, use
or disclose your protected health information if we believe, in good
faith, that such use or disclosure is necessary to prevent or lessen
a serious and imminent threat to your health or safety or to the
health and safety of the public.
J. For Specified
Government Functions. In certain circumstances, federal regulations
authorize the physician office to use or disclose your protected
health information to facilitate specified government functions
relating to military and veterans activities, national security and
intelligence activities, protective services for the President and
others, medical suitability determinations, correctional
institutions, and law enforcement custodial situations.
K.
For Worker's Compensation. The physician office may release your
health information to comply with worker's compensation laws or
similar programs.
III.
Uses and Disclosures Permitted without Authorization but with
Opportunity to Object
We
may disclose your protected health information to your family member
or a close personal friend if it is directly relevant to the person’s
involvement in your treatment or payment related to your treatment.
We can also disclose your information in connection with trying to
locate or notify family members or others involved in your care
concerning your location, condition or death.
You may object to these disclosures. If you do not object to these
disclosures or we can infer from the circumstances that you do not
object or we determine, in the exercise of our professional judgment,
that it is in your best interests for us to make disclosure of
information that is directly relevant to the person’s
involvement with your care, we may disclose your protected health
information as described.
IV. Uses and Disclosures which
you Authorize
Other than as stated
above, we will not disclose your health information other than with
your written authorization. You may revoke your authorization in
writing at any time except to the extent that we have taken action in
reliance upon the authorization.
You have the following
rights regarding your health information:
A.
The right to inspect and copy your protected health
information. You may inspect and obtain a copy of your protected
health information 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 surgeon and the physician office 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 for use in, a civil, criminal,
or administrative action or proceeding; and protected health
information that is subject to a law that prohibits access to
protected health information. Depending on the circumstances,
you may have the right to have a decision to "deny access"
reviewed.
We may deny your request to inspect or
copy your protected health information if, in our professional
judgment, we determine that the access requested is likely to
endanger your life or safety or that of another person, or that it
is likely to cause substantial harm to another person referenced
within the information. You have the right to request a review of
this decision.
To
inspect and copy your medical information, you must submit a
written request to the Privacy Officer whose contact information
is listed on the last page of this Privacy Notice. If you request
a copy of your information, we may charge you a fee for the costs
of copying, mailing or other costs incurred by us in complying
with your request. Please contact our Privacy Officer if you have
questions about access to your medical record.
B.
The right to request a restriction on uses and disclosures of your
protected health information. You may ask us not to use or disclose
certain parts of your protected health information for the purposes
of treatment, payment or health care operations. You may also request
that we not disclose your health information to family members or
friends who may be involved in your care or for notification purposes
as described in this Privacy Notice. Your request must state the
specific restriction requested and to whom you want the restriction
to apply. The physician office is not required to agree to a
restriction that you may request. We will notify you if we deny your
request to a restriction. If the physician office 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. Under certain circumstances,
we may terminate our agreement to a restriction. You may request a
restriction by contacting the Privacy Officer.
C. The
right to request to receive confidential communications from us by
alternative means or at an alternative location. You have the right
to request that we communicate with you in certain ways. We will
accommodate reasonable requests. We may 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 require you to provide an explanation for your request.
Requests must be made in writing to our Privacy Officer.
D.
The right to request amendments to your protected health information.
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. Requests for amendment must be in writing and must be
directed to our Privacy Officer. In this written request, you must
also provide a reason to support the requested amendments.
E. The
right to receive an accounting. You have the right to request an
accounting of certain disclosures of your protected health
information made by the physician office. This right applies to
disclosures for purposes other than treatment, payment or health care
operations as described in this Privacy Notice. We are also not
required to account for disclosures that you requested, disclosures
that you agreed to by signing an authorization form, disclosures for
a physician office directory, to friends or family members involved
in your care, or certain other disclosures we are permitted to make
without your authorization. The request for an accounting must be
made in writing to our Privacy Officer. The request should specify
the time period sought for the accounting. We are not required to
provide an accounting for disclosures that take place prior to April
14, 2003. Accounting requests may not be made for periods of time in
excess of six years. We will provide the first accounting you request
during any 12-month period without charge. Subsequent accounting
requests may be subject to a reasonable cost-based fee.
F.
The right to obtain a paper copy of this notice. Upon request, we
will provide a separate paper copy of this notice even if you have
already received a copy of the notice or have agreed to accept this
notice electronically.
The physician office is required by law to maintain the privacy of
your health information and to provide you with this Privacy Notice
of our duties and privacy practices. We are required to abide by
terms of this Notice as may be amended from time to time. We reserve
the right to change the terms of this Notice and to make the new
Notice provisions effective for all future protected health
information that we maintain. If the physician office changes its
Notice, we will provide a copy of the revised Notice by sending a
copy of the revised Notice via regular mail or through in-person
contact.
You have the right to express complaints to the physician office and
to the Secretary of Health and Human Services if you believe that
your privacy rights have been violated. You may complain to the
physician office by contacting the physician office’s Privacy
Officer verbally or in writing, using the contact information below.
We encourage you to express any concerns you may have regarding the
privacy of your information. You will not be retaliated against in
any way for filing a complaint.
This Notice is
effective April 14, 2003
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Last
update
March 5, 2008
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Copyright © 2007 by
Marywood University. All rights reserved.