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 HIPAA Notice of Privacy Policies
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 right to access and control your protected health information. "Protected health
information" is information about you, including demographic information, that may identify you and that related
to your past, present, or future physical or mental 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 at that time. 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 Based Upon Your Written Consent
You will be asked by your physician to sign a consent form. Once you have consented to use and disclosure of your
protected health information for treatment, payment and health care operations by signing the consent form,
your physician will use or disclose your protected health information as described in this Section 1. Your protected
health information may be used and disclosed by treatment for the purpose of providing health care services to
you. Your protected health information may also be used and disclosed to pay 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 once
you have signed our consent form. These examples are not meant to be exhaustive, but to describe the types
of uses and disclosures that may be made by our office once you have provided consent.
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 has already obtained your permission to have 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 necessary permission from you to
disclose your protected health information. 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, marketing and fundraising activities, 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 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 associates 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 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 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 With Your Consent, 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, 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 Directions: 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 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, you physician shall try to obtain your consent 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 consent but is unable to obtain your consent, he or she may still use
or disclose your protected health information to treat you.
Communication Barriers: We may use and disclose your protected health information if your
physician or another physician in the practice attempts to obtain consent from you but is unable to do
so due to substantial communication barriers and the physician determines, using professional judgment,
that you intend to consent to use or disclosure under the circumstances.
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 consent
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 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 adults, 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 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 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 law, 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 conduction 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 Section 164.500 et.seq.
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 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 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 you 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 (describe how patient may obtain a restriction.)
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 to determine 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 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, Erma Hancock, at (512) 454-4545 for further information about the
complaint process.
This notice was published and becomes effective on April 14, 2003.


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