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HIPAA PRIVACY POLICY
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THAT INFORMATION. PLEASE REVIEW THIS
NOTICE CAREFULLY.
This Practice is committed to maintaining the privacy of your protected health
information ("PHI"), which includes information about your health condition and
the care and treatment you receive from the Practice. The creation of a record
detailing the care and services you receive helps this office to provide you
with quality health care. This Notice details how your PHI may be used and
disclosed to third parties. This Notice also details your rights regarding your
PHI. The privacy of PHI in patient files will be protected when the files are
taken to and from the Practice by placing the files in a box or brief case and
kept within the custody of a doctor or employee of the Practice authorized to
remove the files from the Practice's office. It may be necessary to take patient
files to a facility where a patient is confined or to a patient's home where the
patient is to be examined or treated.
NO CONSENT REQUIRED
The Practice may use and/or disclose your PHI for the purposes of:
a.
Treatment - In order to provide you with the health care
you require, the Practice will provide your PHI to those health
care professionals, whether on the Practice's staff or not,
directly involved in your care so that they may understand your
health condition and needs. For example, a physician treating
you for a condition or disease may need to know the results of
your latest physician examination by this office.
b.
Payment - In order to get paid for services provided to
you, the Practice will provide your PHI, directly or through a
billing service, to appropriate third party payers, pursuant to
their billing and payment requirements. For example, the
Practice may need to provide the Medicare program with
information about health care services that you received from
the Practice so that the Practice can be properly reimbursed.
The Practice may also need to tell your insurance plan about
treatment you are going to receive so that it can determine
whether or not it will cover the treatment expense.
c.
Health Care Operations - In order for the Practice to
operate in accordance with applicable law and insurance
requirements and in order for the Practice to continue to
provide quality and efficient care, it may be necessary for the
Practice to compile, use and/or disclose your PHI. For example,
the Practice may use your PHI in order to evaluate the
performance of the Practice's personnel in providing care to
you.
1. The Practice may use and/or disclose your PHI, without a
written Consent from you, in the following additional instances:
a.
De-identified Information - Information that does not
identify you and, even without your name, cannot be used to
identify you.
b.
Business Associate - To a business associate if the
Practice obtains satisfactory written assurance, in accordance
with applicable law, that the business associate will
appropriately safeguard your PHI. A business associate is an
entity that assists the Practice in undertaking some essential
function, such as a billing company that assists the office in
submitting claims for payment to insurance companies or other
payers.
c.
Personal Representative -To a person who, under
applicable law, has the authority to represent you in making
decisions related to your health care
d.
Emergency Situations -
o
for the purpose of obtaining or rendering emergency treatment to
you provided that the Practice attempts to obtain your Consent
as soon as possible; or
o
to a public or private entity authorized by law or by its
charter to assist in disaster relief efforts, for the purpose of
coordinating your care with such entities in an emergency
situation.
e.
Communication Barriers - If, due to substantial
communication barriers or inability to communicate, the Practice
has been unable to obtain your Consent and the Practice
determines, in the exercise of its professional judgment, that
your Consent to receive treatment is clearly inferred from the
circumstances.
f.
Public Health Activities - Such activities include, for
example, information collected by a public health authority, as
authorized by law, to prevent or control disease and that does
not identify you and, even without your name, cannot be used to
identify you.
g.
Abuse, Neglect or Domestic Violence - To a government
authority if the Practice is required by law to make such
disclosure; if the Practice is authorized by law to make such a
disclosure, it will do so if it believes that the disclosure is
necessary to prevent serious harm
h.
Health Oversight Activities - Such activities, which must
be required by law, involve government agencies and may include,
for example, criminal investigations, disciplinary actions, or
general oversight activities relating to the community's health
care system.
i.
Judicial and Administrative Proceeding - For example, the
Practice may be required to disclose your PHI in response to a
court order or a lawfully issued subpoena.
j.
Law Enforcement Purposes - In certain instances, your PHI
may have to be disclosed to a law enforcement official. For
example, your PHI may be the subject of a grand jury subpoena.
Or, the Practice may disclose your PHI if the Practice believes
that your death was the result of criminal conduct.
k.
Coroner or Medical Examiner - The Practice may disclose
your PHI to a coroner or medical examiner for the purpose of
identifying you or determining your cause of death.
l.
Organ, Eye or Tissue Donation - If you are an organ
donor, the Practice may disclose your PHI to the entity to whom
you have agreed to donate your organs.
m.
Research - If the Practice is involved in research
activities, your PHI may be used, but such use is subject to
numerous governmental requirements intended to protect the
privacy of your PHI and that does not identify you and, even
without your name, cannot be used to identify you.
n.
Avert a Threat to Health or Safety - The Practice may
disclose your PHI if it believes that such disclosure is
necessary to prevent or lessen a serious and imminent threat to
the health or safety of a person or the public and the
disclosure is to an individual who is reasonably able to prevent
or lessen the threat.
o.
Workers' Compensation - If you are involved in a Workers'
Compensation claim, the Practice may be required to disclose
your PHI to an individual or entity that is part of the Workers'
Compensation system.
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