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Health Insurance
Portability and Accountability Act
BOWLING GREEN INTERNAL
MEDICINE AND PEDIATRICS ASSOCIATES
NOTICE OF PRIVACY PRACTICES
Date of Last Revision:03/01/03
Effective Date: Immediately
This information is made available on request by a patient
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.
THIS NOTICE APPLIES TO ALL OF THE RECORDS OF YOUR CARE GENERATED BY THE
PRACTICE, WHETHER MADE BY THE PRACTICE OR AN ASSOCIATED FACILITY.
This notice describes our Practice’s policies, which extend to:
· Any health care professional authorized to enter information into your
chart (including physicians, PAs, RNs, etc.);
· All areas of the Practice (front desk, administration, billing and
collection, etc.);
· All employees, staff and other personnel that work for or with our
Practice;
· Our business associates (including a billing service, or facilities to
which we refer patients), on-call physicians, and so on.
The Practice provides this Notice to comply with the Privacy Regulations
issued by the Department of Health and Human Services in accordance with
the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
OUR THOUGHTS ABOUT YOUR PROTECTED HEALTH INFORMATION:
We understand that your medical information is personal to you, and we
are committed to protecting the information about you. As our patient,
we create paper and electronic medical records about your health, our
care for you, and the services and/or items we provide to you as our
patient. We need this record to provide for your care and to comply with
certain legal requirements.
We are required by law to:
· make sure that the protected health information about you is kept
private;
· provide you with a Notice of our Privacy Practices and your legal
rights with respect to protected health information about you; and
· follow the conditions of the Notice that is currently in effect.
HOW WE MAY USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU.
The following categories describe different ways that we use and
disclose protected health information that we have and share with
others. Each category of uses or disclosures provides a general
explanation and provides some examples of uses. Not every use or
disclosure in a category is either listed or actually in place. The
explanation is provided for your general information only.
· Medical Treatment. We use previously given medical information about
you to provide you with current or prospective medical treatment or
services. Therefore we may, and most likely will, disclose medical
information about you to doctors, nurses, technicians, medical students,
or hospital personnel who are involved in taking care of you. For
example, a doctor to whom we refer you for ongoing or further care may
need your medical record. Different areas of the Practice also may share
medical information about you including your record(s), prescriptions,
requests of lab work and x-rays. We may also discuss your medical
information with you to recommend possible treatment options or
alternatives that may be of interest to you. We also may disclose
medical information about you to people outside the Practice who may be
involved in your medical care after you leave the Practice; this may
include your family members, or other personal representatives
authorized by you or by a legal mandate (a guardian or other person who
has been named to handle your medical decisions, should you become
incompetent).
· Payment. We may use and disclose medical information about you for
services and procedures so they may be billed and collected from you, an
insurance company, or any other third party. For example, we may need to
give your health care information, about treatment you received at the
Practice, to obtain payment or reimbursement for the care. We may also
tell your health plan and/or referring physician about a treatment you
are going to receive to obtain prior approval or to determine whether
your plan will cover the treatment, to facilitate payment of a referring
physician, or the like.
· Health Care Operations. We may use and disclose medical information
about you so that we can run our Practice more efficiently and make sure
that all of our patients receive quality care. These uses may include
reviewing our treatment and services to evaluate the performance of our
staff, deciding what additional services to offer and where, deciding
what services are not needed, and whether certain new treatments are
effective. We may also disclose information to doctors, nurses,
technicians, medical students, and other personnel for review and
learning purposes. We may also combine the medical information we have
with medical information from other Practices to compare how we are
doing and see where we can make improvements in the care and services we
offer. We may remove information that identifies you from this set of
medical information so others may use it to study health care and health
care delivery without learning who the specific patients are.
We may also use or disclose information about you for internal or
external utilization review and/or quality assurance, to business
associates for purposes of helping us to comply with our legal
requirements, to auditors to verify our records, to billing companies to
aid us in this process and the like. We shall endeavor, at all times
when business associates are used, to advise them of their continued
obligation to maintain the privacy of your medical records.
· Appointment and Patient Recall Reminders. We may ask that you sign in
writing at the Receptionists' Desk, a "Sign In" log on the day of your
appointment with the Practice. We may use and disclose medical
information to contact you as a reminder that you have an appointment
for medical care with the Practice or that you are due to receive
periodic care from the Practice. This contact may be by phone, in
writing, e-mail, or otherwise and may involve the leaving an e-mail, a
message on an answering machines, or otherwise which could (potentially)
be received or intercepted by others.
· Emergency Situations. In addition, we may disclose medical information
about you to an organization assisting in a disaster relief effort or in
an emergency situation so that your family can be notified about your
condition, status and location.
· Research. Under certain circumstances, we may use and disclose medical
information about you for research purposes regarding medications,
efficiency of treatment protocols and the like. All research projects
are subject to an approval process, which evaluates a proposed research
project and its use of medical information. Before we use or disclose
medical information for research, the project will have been approved
through this research approval process. We will obtain an Authorization
from you before using or disclosing your individually identifiable
health information unless the authorization requirement has been waived.
If possible, we will make the information non-identifiable to a specific
patient. If the information has been sufficiently de-identified, an
authorization for the use or disclosure is not required.
· Required By Law. We will disclose medical information about you when
required to do so by federal, state or local law.
· To Avert a Serious Threat to Health or Safety. We may use and disclose
medical information about you when necessary to prevent a serious threat
either to your specific health and safety or the health and safety of
the public or another person. Any disclosure, however, would only be to
someone able to help prevent the threat.
· Organ and Tissue Donation. If you are an organ donor, we may release
medical information to organizations that handle organ procurement or
organ, eye or tissue transplantation or to an organ donation bank, as
necessary to facilitate organ or tissue donation and transplantation.
· Workers' Compensation. We may release medical information about you
for workers' compensation or similar programs. These programs provide
benefits for work-related injuries or illness.
· Public Health Risks. Law or public policy may require us to disclose
medical information about you for public health activities. These
activities generally include the following:
· to prevent or control disease, injury or disability;
· to report births and deaths;
· to report child abuse or neglect;
· to report reactions to medications or problems with products;
· to notify people of recalls of products they may be using;
· to notify a person who may have been exposed to a disease or may be at
risk for contracting or spreading a disease or condition;
· to notify the appropriate government authority if we believe a patient
has been the victim of abuse, neglect or domestic violence. We will only
make this disclosure if you agree or when required or authorized by law.
· Investigation and Government Activities. We may disclose medical
information to a local, state or federal agency for activities
authorized by law. These oversight activities include, for example,
audits, investigations, inspections, and licensure. These activities are
necessary for the payor, the government and other regulatory agencies to
monitor the health care system, government programs, and compliance with
civil rights laws.
· Lawsuits and Disputes. If you are involved in a lawsuit or a dispute,
we may disclose medical information about you in response to a court or
administrative order. This is particularly true if you make your health
an issue. We may also disclose medical information about you in response
to a subpoena, discovery request, or other lawful process by someone
else involved in the dispute. We shall attempt in these cases to tell
you about the request so that you may obtain an order protecting the
information requested if you so desire. We may also use such information
to defend ourselves or any member of our Practice in any actual or
threatened action.
· Law Enforcement. We may release medical information if asked to do so
by a law enforcement official:
· In response to a court order, subpoena, warrant, summons or similar
process;
· To identify or locate a suspect, fugitive, material witness, or
missing person;
· About the victim of a crime if, under certain limited circumstances,
we are unable to obtain the person's agreement;
· About a death we believe may be the result of criminal conduct;
· About criminal conduct at the Practice; and
· In emergency circumstances to report a crime; the location of the
crime or victims; or the identity, description or location of the person
who committed the crime.
· Coroners, Medical Examiners and Funeral Directors. We may release
medical information to a coroner or medical examiner. This may be
necessary, for example, to identify a deceased person or determine the
cause of death. We may also release medical information about patients
of the Practice to funeral directors as necessary to carry out their
duties.
· Inmates. If you are an inmate of a correctional institution or under
the custody of a law enforcement official, we may release medical
information about you to the correctional institution or law enforcement
official. This release would be necessary (1) for the institution to
provide you with health care; (2) to protect your health and safety or
the health and safety of others; or (3) for the safety and security of
the correctional institution.
CHANGES TO THIS NOTICE
We reserve the right to change this notice at any time. We reserve the
right to make the revised or changed notice effective for medical
information we already have about you as well as any information we may
receive from you in the future. We 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 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.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a
complaint with the Practice or with the Secretary of the Department of
Health and Human Services. To file a complaint with the Practice,
contact our office manager, who will direct you on how to file an office
complaint. All complaints must be submitted in writing, and all
complaints shall be investigated, without repercussion to you.
The Office Manager can be reached at this number (270) 846-4800.
You will not be penalized for filing a complaint.
OTHER USES OF MEDICAL INFORMATION.
Other uses and disclosures of medical information not covered by this
notice or the laws that apply to us will be made only with your written
permission, unless those uses can be reasonably inferred from the
intended uses above. If you have provided us with your permission to use
or disclose medical information about you, you may revoke that
permission, in writing, at any time. If you revoke your permission, we
will no longer use or disclose medical information about you for the
reasons covered by your written authorization. You understand that we
are unable to take back any disclosures we have already made with your
permission, and that we are required to retain our records of the care
that we provided to you.
PATIENT RIGHTS
THIS SECTION DESCRIBES YOUR RIGHTS AND THE OBLIGATIONS OF THIS PRACTICE
REGARDING THE USE AND DISCLOSURE OF YOUR MEDICAL INFORMATION.
You have the following rights regarding medical information we maintain
about you:
· Right to Inspect and Copy. You have the right to inspect and copy
medical information that may be used to make decisions about your care.
This includes your own medical and billing records, but does not include
psychotherapy notes. Upon proof of an appropriate legal relationship,
records of others related to you or under your care (guardian or
custodial) may also be disclosed.
To inspect and copy your medical record, you must submit your request in
writing to our Compliance Officer. Ask the front desk person for the
name of the Compliance Officer. If you request a copy of the
information, we may charge a fee for the costs of copying, mailing or
other supplies (tapes, disks, etc.) associated with your request.
We may deny your request to inspect and copy in certain very limited
circumstances. If you are denied access to medical information, you may
request that our Compliance Committee review the denial. Another
licensed health care professional chosen by the Practice will review
your request and the denial. The person conducting the review will not
be the person who denied your request. We will comply with the outcome
and recommendations from that review.
· Right to Amend. If you feel that the medical information we have about
you in your record is incorrect or incomplete, then you may ask us to
amend the information, following the procedure below. You have the right
to request an amendment for as long as the Practice maintains your
medical record.
To request an amendment, your request must be submitted in writing,
along with your intended amendment and a reason that supports your
request to amend. The amendment must be dated and signed by you and
notarized.
We may deny your request for an amendment if it is not in writing or
does not include a reason to support the request. In addition, we may
deny your request if you ask us to amend information that:
· Was not created by us, unless the person or entity that created the
information is no longer available to make the amendment;
· Is not part of the medical information kept by or for the Practice;
· Is not part of the information which you would be permitted to inspect
and copy; or
· Is inaccurate and incomplete.
· Right to an Accounting of Disclosures. You have the right to request
an "accounting of disclosures." This is a list of the disclosures we
made of medical information about you, to others.
To request this list, you must submit your request in writing. Your
request must state a time period not longer than six (6) years back and
may not include dates before April 14, 2003 (or the actual
implementation date of the HIPAA Privacy Regulations). Your request
should indicate in what form you want the list (for example, on paper,
electronically). We will notify you of the cost involved and you may
choose to withdraw or modify your request at that time before any costs
are incurred.
· Right to Request Restrictions. You have the right to request a
restriction or limitation on the medical information we use or disclose
about you for treatment, payment or health care operations. You also
have the right to request a limit on the medical information we disclose
about you to someone who is involved in your care or the payment for
your care (a family member or friend). For example, you could ask that
we not use or disclose information about a particular treatment you
received.
We are not required to agree to your request and we may not be able to
comply with your request. If we do agree, we will comply with your
request except that we shall not comply, even with a written request, if
the information is excepted from the consent requirement or we are
otherwise required to disclose the information by law.
To request restrictions, you must make your request in writing. In your
request, you indicate:
· what information you want to limit;
· whether you want to limit our use, disclosure or both; and
· to whom you want the limits to apply, (e.g., disclosures to your
children, parents, spouse, etc.)
· Right to Request Confidential Communications. You have the right to
request that we communicate with you about medical matters in a certain
way or at a certain location. For example, you can ask that we only
contact you at work or by mail, that we not leave voice mail or e-mail,
or the like.
To request confidential communications, you must make your request in
writing. We will not ask you the reason for your request. We will
accommodate all reasonable requests. Your request must specify how or
where you wish us to contact you.
· Right to a Paper Copy of This Notice. You have the right to a paper
copy of this notice. You may ask us to give you a copy of this notice at
any time. Even if you have agreed to receive this notice electronically,
you are still entitled to a paper copy of this notice.
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