Notice
Regarding Privacy of Personal Health Information
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.
Federal regulations developed under the Health Insurance Portability
and Accountability Act (HIPAA) requires that the Practice provide you with this Notice Regarding Privacy of Personal Health
Information. The Notice describes (1) how the Practice may use and disclose you
protected health information, (2) your rights to access and control your protected health information, in certain circumstances,
and (3) the Practices’ duties and contact information.
I.
Protected Health Information
“Protected health information” is health information created
or received by your health care provider that contains information that may be used to identify you, such as demographic data. It includes written of oral health information that relates to you past, present,
or future mental health: the provision of health care to you; and your past, present, or future payment for health care.
II.
The Use and Disclosure of Protected health Information in Treatment,
Payment, and Health Care Operations
Your protected health information may be used and disclosed by the Practice
in the course of providing treatment, obtaining payment for treatment, and conducting health care operations. Any disclosures may be made in writing, electronically, by facsimile, or orally. The Practice may also use or disclose your protected health information in other circumstances if you authorize
the use or disclosure, or if state law or the HIPPA privacy regulations authorize the use or disclosure.
Treatment. The Practice
may use and disclose your protected health information in the course of providing or managing your health care as well as
any related services. For the purpose of treatment, the Practice may coordinate
your health care with a third party. For example, the Practice may disclose your
protected health information to a pharmacy to fulfill a prescription for asthma medication, to an X-ray facility to order
an X-ray, or to another physician who is administering your allergy shots, which we prepared.
In addition, the Practice may disclose protected health information to other physicians or health care providers for
treatment activities of those other providers.
Payment. When needed, the Practice will use or disclose your
protected health information to obtain payment for its services. Such uses or
disclosures may include disclosures to your health insurer to get approval for a recommended treatment or to determine whether
you are eligible for benefits or whether a particular service is covered under your health plan. When obtaining payment for you health care, the Practice may also disclose your protected health information
to another provider where that provider is involved in your care and requires the information to obtain payment.
Healthcare Operations. The Practice may use or disclose your
protected health information when needed for the Practice’s health care operations for the purpose of management or
administration of the Practice and of offering quality health care services. Health
care operations may include: (1) quality evaluations and improvement activities;
(2) employee review activities and training programs; (3) accreditation, certification, licensing, or credentialing activities;
(4) review and audits such as compliance reviews, medical reviews, legal services, and maintaining compliance programs; and
(5) business management and general administrative activities. For instance, the Practice may use, as needed, protected health information of patients to review their
treatment course when making quality assessments regarding allergy care or treatment.
In addition, the Practice may disclose your protected health information to another provider or health plan for their
health care operations.
Other Uses and Disclosures. As part of treatment, payment, and
healthcare operation, the Practice may also use or disclose your protected health information to: (1) remind you of an appointment;
(2) inform you of potential treatment alternatives or options; or (3) inform you of health-related benefits or services that
may be of interest to you.
III.
Additional Uses and Disclosures Permitted Without Authorization
or An Opportunity to Object.
In addition to treatment, payment, and health care operations, the Practice
may use or disclose your protected health information without your permission or authorization in certain circumstances, including:
When Legally Required. The Practice will comply with any Federal, state, or local law that requires it to
disclose your protected health information.
When There are Risks to Public Health. The Practice may disclose
your protected health information for public health purposes, including to, as permitted or required by law:
(1) Prevent, control, or report
disease, injury, or disability;
(2) Report vital events such
as birth or death;
(3) Conduct public health surveillance,
investigations, and interventions;
(4) Collect or report adverse
events and product defects, track FDA regulated products, enable product recalls, repairs, or replacements, and conduct post
marketing surveillance;
(5) Notify a person who has been
exposed to a communicable disease or who may be at risk of contracting or spreading a disease; and
(6) Report to an employer information
about an individual who is a member of the workforce.
To Report Abuse, Neglect, or Domestic Violence. As required or
authorized by law with the patient’s agreement, the Practice may inform government authorities if it is believed that
a patient is the victim of abuse, neglect, or domestic violence.
To Conduct Health Oversight Activities. The Practice may disclose
your protected health information to a health oversight agency for use in (1) audits; (2) civil, administrative, or criminal
investigations, proceedings or actions; (3) inspections; (4) licensure or disciplinary actions; or (5) other oversight activities
as permitted by law. However, if you are the subject of an investigation, the
Practice will not disclose protected health information that is not directly related to your receipt of health care or public
benefits.
For Judicial and Administrative Proceedings. The Practice may
disclose your protected health information for any judicial or administrative proceeding if the disclosure is expressly authorized
by such order or a signed authorization is provided.
For Law Enforcement Purposes. The Practice may disclose your
protected health information to a law enforcement official for law enforcement purposes when:
(1) Required by law to
report of certain types of physical injuries
(2) Required by court order,
court-ordered warrant, subpoena, summons, or similar process;
(3) Needed to identify
or locate a suspect, fugitive, material witness, or missing person;
(4) Needed to report a
crime in an emergency situation;
(5) You are the victim
of a crime in specific limited instances; or
(6) Your death is suspected
by the Practice to be the result of criminal conduct.
To Coroners, Funeral Directors, and for Organ Donation. The Practice
may disclose protected health information to a coroner or medical examiner for the purpose of (1) identification, (2) determination
of cause of death, or (3) performance of the coroner or medical examiner’s other duties as authorized by law. In addition, as permitted by law, the Practice may disclose protected health information, including when
death is reasonably anticipated, to a funeral director to enable the funeral director to carry out his or her duties. Protected health information may also be used and disclosed for the purpose of cadaveric
organ, eye or tissue donation.
To Prevent or Diminish a Serious and Imminent Threat to Health or Safety.
If in good faith the Practice believes that use or disclosure of your protected health information is necessary to
prevent or diminish a serious and imminent threat to you health or safety or to the health and safety of the public, the Practice
may use or disclose your protected health information as permitted under law and consistent with ethical standards of conduct.
For Specified Government Functions. As authorized by the HIPPA
privacy regulations, the Practice may use or disclose your protected health information to facilitate specified government
function relating to military services for the President and others, medical suitability determinations, correctional institutions,
and law enforcement custodial situations.
For Worker’s Compensation. The Practice may disclose your
protected health information to comply with worker’s compensation laws or similar programs.
IV.
Uses and Disclosures Permitted With an Opportunity to Object
Subject to your objection, the Practice may disclose your protected health
information (1) to a family member or close personal friend if the disclosure is directly relevant to the person’s involvement
in your care or payment related to your car; or (2) when attempting to locate or notify family members or others involved
in your care to inform them of your location, condition or death. The Practice
will inform you orally or in writing of such uses and disclosures of your protected health information as well as provide
you with the opportunity to object in advance. Your agreement or objection to
the uses and disclosures can be orally or in writing. If you do not object
to these disclosures, the Practice is able to infer from the circumstances that you do not object, or the Practice determines,
in its professional judgment, that it is your best interest for the Practice to disclose information that is directly relevant
to the person’s involvement with your care, the Practice may disclose your protected health information. If you are incapacitated or in an emergency situation, the Practice may exercise its professional judgment
to determine if the disclosure is in your best interests and, if such a determination is made, may only disclose information
directly relevant to your health care.
V.
Uses and Disclosures Authorized by You
Other than the circumstances described above, the Practice will not disclose
your health information unless you provide written authorization. You may revoke
your authorization in writing at any time except to the extent that the Practice has taken action in reliance upon the authorization.
VI.
Your Rights
You have certain rights regarding your protected health information under
the HIPAA privacy regulations. These rights include:
The right to inspect and copy your protected health information. For
as long as the practice holds your protected health information, you may inspect and obtain a copy of such information included
in a designated record set. A “designated record set” contains medical
and billing records as well as any other records that your physician and the Practice uses to make decisions regarding the
services provided to you. The Practice may deny your request to inspect or copy
your protected health information if the Practice determines in its professional judgment 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 referred
to in the information. You have the right to request a review of this decision.
In addition, you may not inspect or copy certain records by law, including:
(1) information compiled in reasonable anticipation or, or for use in, a civil, criminal, or administrative action or proceeding;
and (2) protected health information that is subject to a law that prohibits access to protected health information. You may have the right to have a decision to deny access reviewed in some situations.
You must submit a written request to the Practice’s Privacy Officer
to inspect and copy your health information. The Practice may charge you a fee
for the costs of copying, mailing, or other costs incurred by the practice in complying with your request. Please contact our Privacy Officer if you have questions about access to your medical record at the
number given on the last pages of this Notice.
The right to request a restriction on uses and disclosures of your protected health information. You may request that the Practice not use or disclose specific
sections of your protected health information for the purposes of treatment, payment, or health care operations. Additionally, you may request that the practice 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 Notice. In your request, you must specify the scope of restriction requested as well as the individuals for which
you want the restriction to apply. Your request should be directed to the Practice’s
Privacy Officer.
The Practice may choose to deny your request for a restriction, in which
case the Practice will notify you of its decision. Once the Practice agrees to
the requested restriction, the Practice may not violate the agreement except to provide emergency treatment. The Practice may terminate the agreement to a restriction in some instances.
The right to request to receive confidential communications from the Practice by alternative means or at an alternative
location. You have the right
to request that the Practice communicates with you through alternative means or at an alternative location. The Practice will make every effort to comply with reasonable requests.
However, the Practice may condition its compliance by asking you for information regarding the procurement of payment
or specific information regarding an alternative address or other method of contact.
You are not required to provide an explanation for your request. Requests
should be made in writing to the Practice’s Privacy Officer.
The right to request an amendment of your protected health information. During the time that the Practice holds your protected health information, you may
request an amendment of your information in a designated record set. The Practice
may deny your request in some instances. However, should the Practice deny your
request for amendment, you have the right to file a statement of disagreement with the Practice. In turn, the Practice may develop a rebuttal to your statement. If
it does so, the Practice will provide you with a copy of the rebuttal. Requests
for amendment must be submitted in writing to the Practice’s Privacy Officer. Your
written request must supply a reason to support the requested amendments.
The right to request an accounting of certain disclosures. You have the right to request an accounting of the Practice’s disclosures of
our protected health information made for purposes other than treatment, payment, or health care operations as described in
this Notice. The Practice is not required to account for disclosures (1) which
you requested, (2) which you authorized by signing an authorization form, (3) for a facility directory, (4) to friends or
family members involved in your care, and (5) certain other disclosures the practice is permitted to make without your authorization. The request for an accounting must be made in writing to our Privacy Officer and should
state the time period for which you wish the accounting to include up to a six-year period.
The Practice is not required to provide an accounting for disclosures that take place prior to April 14, 2003. The Practice will not charge
you for the first accounting you request in any 12-month period. Subsequent accounts
may require a fee based on the Practice’s reasonable costs for compliance with the request.
The right to obtain a paper copy of this Notice. The Practice will provide a separate paper copy of this Notice upon request even if you have already been
given a copy of it or have agreed to review it electronically.
VII.
The Practice’s Duties
The practice is required to ensure the privacy of your health information
and to provide you with this Notice of your rights and the Practice’s duties and procedures regarding your privacy. The Practice must abide by the terms of this notice, as may be amended periodically. The Practice reserves the right to change the terms of this Notice and to make the
new Notice provisions effective for all protected health information the Practice collects and maintains. If the Practice alters its Notice, the Practice will provide a copy of the revised Notice through regular
mail or in-person contact.
VIII Complaints
If you believe that your privacy rights have been violated, you have
the right to relate complaints to the Practice and to the Secretary of the Department of Health and Human Services. You may provide complaints to the Practice verbally or in writing.
Such complaints should be directed to the Practice’s Privacy Officer. The
Practice encourages you to relate any concerns you may have regarding the privacy of your information and you will not be
retaliated against in any way for filing a complaint.
IX Contact Person
The Practice’s contact person regarding the Practice’s duties
and your rights under the HIPAA privacy regulations is the Privacy Officer. The
privacy Officer can provide information regarding issues related to this Notice by request.
Complaints to the Practice should be directed to the Privacy Officer at the following address:
Scott Brown
124 Foy Drive
Rocky Mount,C
27804
Tel. (252) 937-2100
X. Effective Date: April 14, 2003.
