(b)
Payment
– To get paid for services provided to you, the Practice may provide your PHI,
directly or through a billing service, to a third party who may be responsible
for your care, including insurance companies and health plans. If
necessary, the Practice may use your PHI in other collection efforts with
respect to all persons who may be liable to the Practice for bills related to
your care. For example, the Practice may need to provide your insurance
plan with information about health care services that you received from the
Practice so that the Practice can be 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 – To operate in
accordance with applicable law and insurance requirements, and to provide
quality and efficient care, the Practice may need to compile, use and disclose
your PHI. For example, the Practice may use your PHI to evaluate the
performance of the Practice’s personnel in providing care to you.
OTHER EXAMPLES OF HOW THE PRACTICE MAY USE YOUR
PROTECTED HEALTH INFORMATION
(a)
Advice of Appointment
and Services –The Practice may, from
time to time, contact you to provide appointment reminders or information about
treatment alternatives or other health-related benefits and services that may be
of interest to you. We may use and disclose medical information to contact
you. This contact may be by phone, in writing, e-mail, or otherwise, and
may involve the leaving of an e-mail, a message on an answering machines, or
otherwise which could (potentially) be received or intercepted by others.
(b)
Directory/Sign-In
Log – The
Practice may, from time to time, maintain a sign-in log at its reception desk
for individuals seeking care and treatment in the office. The sign-in log
is located in a position where staff can readily see who is seeking care in the
office, as well as the individual’s location within the Practice’s office suite.
This information may be seen by, and is accessible to, others who are seeking
care or services in the Practice’s offices.
(c)
Family/Friends
– The Practice may disclose to a family member, other relative, a close personal
friend, or any other person identified by you, your PHI directly relevant to
such person’s involvement with your care or the payment of your care. The
Practice may also use or disclose your PHI to notify or assist in the
notification (including identifying or locating) a family member, a personal
representative, or another person responsible for your care, of your location,
general condition or death. However, in both cases, the following conditions
will apply:
(i)
If you are present at or prior to the
use or disclosure of your PHI, the Practice may use or disclose your PHI if you
agree, or if the Practice can reasonably infer from the circumstances, based on
the exercise of its professional judgment, that you do not object to the
disclosure.
(ii)
If you are not present, the Practice
will, in the exercise of professional judgment, determine whether the use or
disclosure is in your best interests and, if so, disclose only the PHI that is
directly relevant to the person’s involvement with your care.
OTHER USE & DISCLOSURES WHICH MAY
BE PERMITTED OR REQUIRED BY LAW
The Practice may also use and disclose your PHI without your consent or
authorization in the following instances:
(a)
De-identified
Information – The Practice may use and
disclose health information that may be related to your care but does not
identify you and cannot be used to identify you.
(b)
Business Associate
- The Practice may use and disclose PHI to one or more of its business
associates 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.
(c)
Personal Representative
- The Practice may use and disclose PHI to a person who, under applicable law,
has the authority to represent you in making decisions related to your health
care.
(d)
Emergency Situations
- The Practice may use and disclose PHI for
the purpose of obtaining or rendering emergency treatment to you provided that
the Practice attempts to obtain your Consent as soon as possible: The Practice
may also use and disclose PHI 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)
Public Health Activities
- The Practice may use and disclose PHI when required by law to provide
information to a public health authority to prevent or control disease.
(f)
Abuse, Neglect or
Domestic Violence - The Practice may
use and disclose PHI when authorized by law to provide information if it
believes that the disclosure is necessary to prevent serious harm.
(g)
Health Oversight
Activities - The Practice may use and
disclose PHI when required by law to provide information in criminal
investigations, disciplinary actions, or other activities related to the
community’s health care system.
(h)
Judicial and
Administrative Proceeding - The
Practice may use and disclose PHI in response to a court order or a lawfully
issued subpoena.
(i)
Law Enforcement Purposes
- The Practice may use and disclose PHI, when authorized, to a law enforcement
official. For example, your PHI may be the subject of a grand jury
subpoena, or if the Practice believes that your death was the result of criminal
conduct.
(j)
Coroner or Medical
Examiner - The Practice may use and
disclose PHI to a coroner or medical examiner for the purpose of identifying you
or determining your cause of death.
(k)
Organ, Eye or Tissue
Donation - The Practice may use and
disclose PHI if you are an organ donor to the entity to whom you have agreed to
donate your organs.
(l)
Research
- The Practice may use and disclose PHI subject to applicable legal requirements
if the Practice is involved in research activities.
(m)
Avert a Threat to Health
or Safety - The Practice may use and
disclose PHI if it believes that such disclosure is necessary to prevent or
lessen a serious and imminent threat to the health and safety of a person or the
public and the disclosure is to an individual who is reasonably able to prevent
or lessen the threat.
(n)
Specialized Government
Functions - The Practice may use and
disclose PHI when authorized by law with regard to certain military and veteran
activity.
(o)
Worker’s Compensation
- The Practice may use and disclose PHI if you are involved in a Worker’s
Compensation claim to an individual or entity that is part of the Worker’s
Compensation system.
(p)
National Security and
Intelligence Activities - The Practice
may use and disclose PHI to authorized governmental officials with necessary
intelligence information for national security activities.
(q)
Military and Veterans
- The Practice may use and disclose PHI if you are a member of the armed forces,
as required by the military command authorities.
AUTHORIZATION
Uses and/or disclosures, other than those described above, will be made only
with your written Authorization.
YOUR RIGHTS
You have the right to:
(a)
Revoke any Authorization or consent
you have given to the Practice, at any time. To request a revocation, you
must submit a written request to the Practice’s Privacy Officer.
(b)
Request special restrictions on
certain uses and disclosures of your PHI as authorized by the law. In
general, this relates to your right to request special restrictions concerning
disclosures of your PHI regarding uses for treatment, payment and operational
purposes under the Privacy Rule, Section 164.522(a) and restrictions
related to disclosure to your family and other individuals involved in your care
under Privacy Rule, Sections 164510(b). Except in certain instances, the
Practice may not be obligated to agree to any requested restrictions. To
request restrictions, you must inform the Practice of what information you want
to limit, whether you want to limit the Practice’s use and disclosure, or both,
and to whom you want the limits to apply. If the Practice agrees to your
request, the Practice will comply with your request unless the information is
needed in order to provide you with emergency treatment.
(c)
Receive confidential communications
or PHI by alternative means or at alternative locations as provided by Privacy
Rule, Section 164.522(b). For instance, you may request all written
communications to you marked “Confidential Protected Health Information.”
You must make your request in writing to the Practice’s Privacy Officer.
The Practice will accommodate all reasonable requests.
(d)
Inspect and copy your PHI as provided
by federal law (including Privacy Rule, Section 164.524) and state law. To
inspect and copy your PHI, you must submit a written request to the Practice’s
Privacy Officer. The Practice can charge you a fee for the cost of
copying, mailing or other supplies associated with your request. In
certain situations that are defined by law, the Practice may deny your request,
but you will have the right to have the denial reviewed as set forth more fully
in the written denial notice.
(e)
Amend you PHI as provided by federal
law (including Privacy Rule, Section 164.526) and state law. To request an
amendment, you must submit a written request to the Practice’s Privacy Officer.
You must provide a reason that supports your request. The Practice may
deny your request, if the information to be amended was not created by the
Practice (unless the entity that created the information is no longer
available), if the information id not part of your PHI maintained by the
Practice, if the information is not part of the information you would be
permitted to inspect and copy, and/or if the information is accurate and
complete. If you disagree with the Practice’s denial, you will have the
right tot submit a written statement of disagreement.
(f)
Receive an accounting of disclosures
of your PHI as provided by federal law (including Privacy Rule Section 164.528)
and state law. To request an accounting, you must submit a written request
tot he Practice’s Privacy Officer. The request must state a time period,
which may not be longer than six (6) years and may not include dates before
April 14, 2003. The request should indicate in what form you want the list
(such as a paper or electronic copy). The first list you request within a
twelve (12) month periods will be free, but the Practice may charge you for the
cost of providing additional lists. The Practice will notify you of the
costs involved and you can decide to with draw or modify your request before any
costs are incurred.
(g)
Receive a paper copy of the Privacy
Notice from the Practice (as provided by the Privacy Rule Section 164520(b)(1)(iv)(F))
upon request to the Practice’s Privacy Officer.
(h)
Complain to the Practice or to the
Secretary of HHS (as provided by Privacy Rule Section 164.520(b)(1)(vi)) if you
believe your privacy rights have been violated. To file a complaint with
the Practice, you must contact the Practice’s Privacy Officer. All
complaints must be in writing.
To obtain more
information about your privacy rights or if you questions you want answered
about your privacy rights (as provided by Privacy Rule Section
164.520(b)(2)(vii)), you may contact the Practice’s Privacy Officer as follows:
Name:
Jeanne Faught
Address: 7600 Dr. Phillips Blvd. Suite 74
Orlando, FL 32828
Telephone No.:
407-226-0609
PRACTICE’S REQUIREMENTS
The Practice:
(a)
Is required by federal law to
maintain the privacy of your PHI and to provide you with this Privacy Notice
detailing the Practice’s legal duties and privacy practices with respect to your
PHI.
(b)
Under the Privacy Rule, May be
required by State law to grant greater access or maintain greater restrictions
on the use or release of your PHI than that which is provided for under federal
law.
(c)
Is required to abide by the terms of
this Privacy Notice.
(d)
Reserves the right to change the
terms of this Privacy Notice and to make the new Privacy Notice provisions
effective for all of your PHI that it maintains.
(e)
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 the 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 prior to
implementation.
(f)
Will not retaliate against you for
filing a complaint.
EFFECTIVE DATE
This Notice is in effect as of 04/14/03.
PATIENT ACKNOWLEDGEMENT
By subscribing my name below, I acknowledge receipt of a copy of this Notice,
and my understanding and my agreement to its terms.
Patient
Print Name:
Date:
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