|
NOTICE OF PRIVACY PRACTICES
As Required by the Privacy Regulations Created as a Result of the
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT
YOU (AS A PATIENT OF THIS PRACTICE) MAY BE USED AND DISCLOSED, AND
HOW YOU CAN GET ACCESS TO YOUR INDIVIDUALLY IDENTIFIABLE HEALTH
INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY.
A. OUR COMMITMENT TO YOUR PRIVACY
Our practice is dedicated to maintaining the privacy of your individually
identifiable health information (IIHI). In conducting our business,
we will create records regarding you and the treatment and services
we provide to you. We are required by law to maintain the confidentiality
of health information that identifies you. We also are required
by law to provide you with this notice of our legal duties and the
privacy practices that we maintain in our practice concerning your
IIHI. By federal and state law, we must follow the terms of the
notice of privacy practices that we have in effect at the time.
We realize that these laws are complicated, but we
must provide you with the following important information:
- How we may use and disclose your IIHI
- Your privacy rights in your IIHI
- Our obligations concerning the use and disclosure
of your IIHI
The terms of this notice apply to all records containing
your IIHI that are created or retained by our practice. We reserve
the right to revise or amend this Notice of Privacy Practices. Any
revision or amendment to this notice will be effective for all your
records that our practice has created or maintained in the past,
and for any of your records that we may create or maintain in the
future. Our practice will post a copy of our current Notice in our
offices in a visible location at all times, and you may request
a copy of our most current Notice at any time.
B. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE
CONTACT:
Stacey M. Johnson, M.D., P.A., Physicians’ Medical
Center of the Ozarks, #17 Medical Plaza, Mountain Home, AR 72653,
Ph. 870-425-6212
C. WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY IDENTIFIABLE
HEALTH INFORMATION (IIHI) IN THE FOLLOWING WAYS
The following categories describe the different ways
in which we may use and disclose your IIHI:
1. Treatment. Our practice
may use your IIHI to treat you. For example, we may ask you to have
laboratory tests (such as blood or urine tests), and we may use
the results to help us reach a diagnosis. We might use your IIHI
in order to write a prescription for you, or we might disclose your
IIHI to a pharmacy when we order a prescription for you. Many of
the people who work for our practice – including, but not
limited to, our doctors and nurses – may use or disclose your
IIHI in order to treat you or to assist others in your treatment.
Additionally, we may disclose your IIHI to others who may assist
in your care, such as your spouse, children or parents. Finally,
we may also disclose your IIHI to other health care providers for
purposes related to your treatment.
2. Payment. Our practice
may use and disclose your IIHI in order to bill and collect payment
for the services and items you may receive from us. For example,
we may contact your health insurer to certify that you are eligible
for benefits (and for what range of benefits), and we may provide
your insurer with details regarding your treatment to determine
if your insurer will cover, or pay for, your treatment. We also
may use and disclose your IIHI to obtain payment from third parties
that may be responsible for such costs, such as family members.
Also, we may use your IIHI to bill you directly for services and
items. We may disclose your IIHI to other health care providers
and entities to assist in their billing and collection efforts.
3. Health Care Operations.
Our practice may use and disclose your IIHI to operate our business.
As examples of the ways in which we may use and disclose your information
for our operations, our practice may use your IIHI to evaluate the
quality of care you received from us, or to conduct cost-management
and business planning activities for our practice. We may disclose
your IIHI to other health care providers and entities to assist
in their health care operations.
4. Appointment Reminders.
Our practice may use and disclose your IIHI to contact you and remind
you of an appointment.
5. Treatment Options. Our
practice may use and disclose your IIHI to inform you of potential
treatment options or alternatives.
6. Health-Related Benefits and
Services. Our practice may use and disclose your IIHI to
inform you of health-related benefits or services that may be of
interest to you.
7. Release of Information to Family/Friends.
Our practice may release your IIHI to a friend or family member
that is involved in your care, or who assists in taking care of
you. For example, a parent or guardian may ask that a babysitter
take their child to the pediatrician’s office for treatment
of a cold. In this example, the babysitter may have access to this
child’s medical information.
8. Disclosures Required By Law.
Our practice will use and disclose your IIHI when we are required
to do so by federal, state or local law.
D. USE AND DISCLOSURE OF YOUR IIHI IN CERTAIN
SPECIAL CIRCUMSTANCES
The following categories describe unique scenarios
in which we may use or disclose your identifiable health information:
1. Public Health Risks.
Our practice may disclose your IIHI to public health authorities
that are authorized by law to collect information for the purpose
of:
- Maintaining vital records, such as births
and deaths
- Reporting child abuse or neglect
- Preventing or controlling disease, injury or disability
- Notifying a person regarding potential exposure
to a communicable disease
- Notifying a person regarding a potential risk
for spreading or contracting a disease or condition
- Reporting reactions to drugs or problems with
products or devices
- Notifying individuals if a product or device they
may be using has been recalled
- Notifying appropriate government agency(ies) and
authority(ies) regarding the potential abuse or neglect of an
adult patient (including domestic violence); however, we will
only disclose this information if the patient agrees or we are
required or authorized by law to disclose this information
- Notifying your employer under limited circumstances
related primarily to workplace injury or illness or medical surveillance
2. Health Oversight Activities.
Our practice may disclose your IIHI to a health oversight agency
for activities authorized by law. Oversight activities can include,
for example, investigations, inspections, audits, surveys, licensure
and disciplinary actions; civil, administrative, and criminal procedures
or actions; or other activities necessary for the government to
monitor government programs, compliance with civil rights laws and
the health care system in general.
3. Lawsuits and Similar Proceedings.
Our practice may use and disclose your IIHI in response to a court
or administrative order, if you are involved in a lawsuit or similar
proceeding. We also may disclose your IIHI in response to a discovery
request, subpoena, or other lawful process by another party involved
in the dispute, but only if we have made an effort to inform you
of the request or to obtain an order protecting the information
the party has requested.
4. Law Enforcement. We may
release IIHI if asked to do so by a law enforcement official:
- Regarding a crime victim in certain situations,
if we are unable to obtain the person’s agreement
- Concerning a death we believe has resulted from
criminal conduct
- Regarding criminal conduct at our offices
- In response to a warrant, summons, court order,
subpoena or similar legal process
- To identify/locate a suspect, material witness,
fugitive or missing person
- In an emergency, to report a crime (including
the location or victim(s) of the crime, or description, identify
or location of the perpetrator)
5. Deceased Patients. Our
practice may release IIHI to a medical examiner or coroner to identify
a deceased individual or to identify the cause of death. If necessary,
we also may release information in order for funeral directors to
perform their jobs.
6. Organ and Tissue Donation. Our
practice may release your IIHI to organizations that handle organ,
eye or tissue procurement or transplantation including organ donation
banks, as necessary to facilitate organ or tissue donation and transplantation
if you are an organ donor.
7. Research. Our practice
may use and disclose your IIHI for research purposes in certain
limited circumstances. We will obtain your written authorization
to use your IIHI for research purposes except when an IRB or Privacy
Board has determined that the waiver of your authorization satisfies
the following: (i) the use or disclosure involves no more than a
minimal risk to the individual’s privacy based on the following:
(A) an adequate plan to protect the identifiers from improper use
and disclosure; (B) an adequate plan to destroy the identifiers
at the earliest opportunity consistent with the research (unless
there is a health or research justification for retaining the identifiers
or such retention is otherwise required by law); and (C) adequate
written assurances that the PHI will not be re-used or disclosed
to any other person or entity (except as required by law) for authorized
oversight of the research study, or for other research for which
the use or disclosure would otherwise be permitted; (ii) the research
could not practicably be constructed without the waiver; and (iii)
the research could not practicably be conducted without access to
and use of the PHI.
8. Serious Threats to Health or
Safety. Our practice may use and disclose your IIHI when
necessary to reduce or prevent a serious threat to your health and
safety or the health and safety of another individual or the public.
Under these circumstances, we will only make disclosures to a person
or organization able to help prevent the threat.
9. Military. Our practice
may disclose your IIHI if you are a member of U.S. or foreign military
forces (including veterans) and if required by the appropriate authorities.
10. National Security. Our
practice may disclose your IIHI to federal officials for intelligence
and national security activities authorized by law. We also may
disclose your IIHI to federal officials in order to protect the
President, other officials or foreign heads of state, or to conduct
investigations.
11. Inmates. Our practice
may disclose your IIHI to correctional institutions or law enforcement
officials if you are an inmate or under the custody of a law enforcement
official. Disclosure for these purposes would be necessary: (a)
for the institution to provide health care services to you, (b)
for the safety and security of the institution, and/or (c) to protect
your health and safety or the health and safety of other individuals.
12. Workers’ Compensation.
Our practice may release your IIHI for workers’ compensation
and similar programs.
E. YOUR RIGHTS REGARDING YOUR IIHI
You have the following rights regarding the IIHI that we maintain
about you:
1. Confidential Communications.
You have the right to request that our practice communicate
with you about your health and related issues in a particular manner
or at a certain location. For instance, you may ask that we contact
you at home, rather than work. In order to request a type of confidential
communication, you must make a written request to
Cynthia F. Johnson, B.S.R.N., Clinic Administrator, Physicians’
Medical Center of the Ozarks, #17 Medical Plaza, Mountain Home,
AR 72653, Ph. 870-425-6212 specifying the requested method
of contact, or the location where you wish to be contacted. Our
practice will accommodate reasonable requests.
You do not need to give a reason for your request.
2. Requesting Restrictions.
You have the right to request a restriction in our use or disclosure
of your IIHI for treatment, payment or health care operations. Additionally,
you have the right to request that we restrict our disclosure of
your IIHI to only certain individuals involved in your care or the
payment for your care, such as family members and friends. We
are not required to agree to your request; however, if we
do agree, we are bound by our agreement except when otherwise required
by law, in emergencies, or when the information is necessary to
treat you. In order to request a restriction in our use or disclosure
of your IIHI, you must make your request in writing to Cynthia
F. Johnson, B.S.R.N., Clinic Administrator, Physicians’ Medical
Center of the Ozarks, #17 Medical Plaza, Mountain Home, AR 72653,
Ph. 870-425-6212. Your request must describe in a clear and
concise fashion:
(a) the information you wish restricted;
(b) whether you are requesting to limit
our practice’s use,
disclosure or both; and
(c) to whom you want the limits to apply.
3. Inspection and Copies.
You have the right to inspect and obtain a copy of the IIHI that
may be used to make decisions about you, including patient medical
records and billing records, but not including psychotherapy notes.
You must submit your request in writing to Cynthia
F. Johnson, B.S.R.N., Clinic Administrator, Physicians’ Medical
Center of the Ozarks, #17 Medical Plaza, Mountain Home, AR 72653,
Ph. 870-425-6212 in order to inspect and/or obtain a copy
of your IIHI. Our practice may charge a fee for the costs of copying,
mailing, labor and supplies associated with your request. Our practice
may deny your request to inspect and/or copy in certain limited
circumstances; however, you may request a review of our denial.
Another licensed health care professional chosen by us will conduct
reviews.
4. Amendment. You may ask
us to amend your health information if you believe it is incorrect
or incomplete, and you may request an amendment for as long as the
information is kept by or for our practice. To request an amendment,
your request must be made in writing and submitted to Cynthia
F. Johnson, B.S.R.N., Clinic Administrator, Physicians’ Medical
Center of the Ozarks, #17 Medical Plaza, Mountain Home, AR 72653,
Ph. 870-425-6212. You must provide us with a reason that
supports your request for amendment. Our practice will deny your
request if you fail to submit your request (and the reason supporting
your request) in writing. Also, we may deny your request if you
ask us to amend information that is in our opinion: (a) accurate
and complete; (b) not part of the IIHI kept by or for the practice;
(c) not part of the IIHI which you would be permitted to inspect
and copy; or (d) not created by our practice, unless the individual
or entity that created the information is not available to amend
the information.
5. Accounting of Disclosures.
All of our patients have the right to request an “accounting
of disclosures.” An “accounting of disclosures”
is a list of certain non-routine disclosures our practice has made
of your IIHI for non-treatment or operations purposes. Use of your
IIHI as part of the routine patient care in our practice is not
required to be documented. For example, the doctor sharing information
with the nurse; or the billing department using your information
to file your insurance claim. In order to obtain an “accounting
of disclosures,” you must submit your request in writing to
Cynthia F. Johnson, B.S.R.N., Clinic Administrator,
Physicians’ Medical Center of the Ozarks, #17 Medical Plaza,
Mountain Home, AR 72653, Ph. 870-425-6212. All requests for
an “accounting of disclosures” must state a time period,
which may not be longer than six (6) years from the date of disclosure
and may not include dates before April 14, 2003. The first list
you request within a 12-month period is free of charge, but our
practice may charge you for additional lists within the same 12-month
period. Our practice will notify you of the costs involved with
additional requests, and you may withdraw your request before you
incur any costs.
6. Right to a Paper Copy of This
Notice. You are entitled to receive a paper copy of our notice
of privacy practices. You may ask us to give you a copy of this
notice at any time. To obtain a paper copy of this notice, contact
Cynthia F. Johnson, B.S.R.N., Clinic Administrator,
Physicians’ Medical Center of the Ozarks, #17 Medical Plaza,
Mountain Home, AR 72653, Ph. 870-425-6212.
7. Right to File a Complaint. If
you believe your privacy rights have been violated, you may file
a complaint with our practice or with the Secretary of the Department
of Health and Human Services. To file a complaint with our practice,
contact Cynthia F. Johnson, B.S.R.N., Clinic
Administrator, Physicians’ Medical Center of the Ozarks, #17
Medical Plaza, Mountain Home, AR 72653, Ph. 870-425-6212.
We urge you to file your complaint with us first and give us the
opportunity to address your concerns. All complaints must be submitted
in writing. You will not be penalized for filing
a complaint.
8. Right to Provide an Authorization
for Other Uses and Disclosures. Our practice will obtain
your written authorization for uses and disclosures that are not
identified by this notice or permitted by applicable law. Any authorization
you provide to us regarding the use and disclosure of your IIHI
may be revoked at any time in writing. After you revoke your authorization,
we will no longer use or disclose your IIHI for the reasons described
in the authorization. Please note, we are required to retain records
of your care.
Again, if you have any questions regarding this notice
or our health information privacy policies, please contact:
Stacey M. Johnson, M.D., P.A., Physicians’ Medical
Center of the Ozarks, #17 Medical Plaza, Mountain Home, AR 72653,
Ph. 870-425-6212.
|