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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.
If you have any questions about this Notice please contact:
our Privacy Contact who is Erika Hill, Office Manager
This Notice of Privacy Practices describes how we may use
and disclose your protected health information to carry out
treatment, payment or health care operations and for other
purposes that are permitted or required by law. It also describes
your rights to access and control your protected health information.
“Protected health information” is information
about you, including demographic information, that may identify
you and that relates to your past, present or future physical
or mental health or condition and related health care services.
We are required to abide by the terms of this Notice of Privacy
Practices. We may change the terms of our notice, at any time.
The new notice will be effective for all protected health
information that we maintain at that time. Upon your request,
we will provide you with any revised Notice of Privacy Practices
by accessing our website at www.painreliefcenters.net, calling
the office and requesting that a revised copy be sent to you
in the mail or asking for one at the time of your next appointment.
1. Uses and Disclosures of Protected Health Information
Uses and Disclosures of Protected Health Information Based
Upon Your Written Consent
You will be asked by your physician to sign a consent form.
Once you have consented to use and disclosure of your protected
health information for treatment, payment and health care
operations by signing the consent form, your physician will
use or disclose your protected health information as described
in this Section 1. Your protected health information may be
used and disclosed by your physician, our office staff and
others outside of our office that are involved in your care
and treatment for the purpose of providing health care services
to you. Your protected health information may also be used
and disclosed to pay your health care bills and to support
the operation of the physician’s practice.
Following are examples of the types of uses and disclosures
of your protected health care information that the physician’s
office is permitted to make once you have signed our consent
form. These examples are not meant to be exhaustive, but to
describe the types of uses and disclosures that may be made
by our office once you have provided consent.
Treatment: We will use and disclose your protected health
information to provide, coordinate, or manage your health
care and any related services. This includes the coordination
or management of your health care with a third party that
has already obtained your permission to have access to your
protected health information. For example, we would disclose
your protected health information, as necessary, to a home
health agency that provides care to you. We will also disclose
protected health information to other physicians who may be
treating you when we have the necessary permission from you
to disclose your protected health information. For example,
your protected health information may be provided to a physician
to whom you have been referred to ensure that the physician
has the necessary information to diagnose or treat you.
In addition, we may disclose your protected health information
from time-to-time to another physician or health care provider
(e.g., a specialist or laboratory) who, at the request of
your physician, becomes involved in your care by providing
assistance with your health care diagnosis or treatment to
your physician.
Payment: Your protected health information will be used, as
needed, to obtain payment for your health care services. This
may include certain activities that your health insurance
plan may undertake before it approves or pays for the health
care services we recommend for you such as; making a determination
of eligibility or coverage for insurance benefits, reviewing
services provided to you for medical necessity, and undertaking
utilization review activities. For example, obtaining approval
for a hospital stay may require that your relevant protected
health information be disclosed to the health plan to obtain
approval for the hospital admission.
Healthcare Operations: We may use or disclose, as-needed,
your protected health information in order to support the
business activities of your physician’s practice. These
activities include, but are not limited to, quality assessment
activities, employee review activities, training of medical
students and licensing.
For example, we may disclose your protected health information
to medical school students that see patients at our office.
In addition, we may use a sign-in sheet at the registration
desk where you will be asked to sign your name and indicate
your physician. We may also call you by name in the waiting
room when your physician is ready to see you. We may use or
disclose your protected health information, as necessary,
to contact you to remind you of your appointment.
We will share your protected health information with third
party “business associates” that perform various
activities (e.g., billing, transcription services) for the
practice. Whenever an arrangement between our office and a
business associate involves the use or disclosure of your
protected health information, we will have a written contract
that contains terms that will protect the privacy of your
protected health information.
We may use or disclose your protected health information,
as necessary, to provide you with information about treatment
alternatives or other health-related benefits and services
that may be of interest to you. We may also use and disclose
your protected health information for other marketing activities.
For example, your name and address may be used to send you
a newsletter about our practice and the services we offer.
We may also send you information about products or services
that we believe may be beneficial to you. You may contact
our Privacy Contact to request that these materials not be
sent to you.
Uses and Disclosures of Protected Health Information Based
upon Your Written Authorization
Other uses and disclosures of your protected health information
will be made only with your written authorization, unless
otherwise permitted or required by law as described below.
You may revoke this authorization, at any time, in writing,
except to the extent that your physician or the physician’s
practice has taken an action in reliance on the use or disclosure
indicated in the authorization.
Other Permitted and Required Uses and Disclosures That May
Be Made With Your Consent, Authorization or Opportunity to
Object
We may use and disclose your protected health information
in the following instances. You have the opportunity to agree
or object to the use or disclosure of all or part of your
protected health information. If you are not present or able
to agree or object to the use or disclosure of the protected
health information, then your physician may, using professional
judgment, determine whether the disclosure is in your best
interest. In this case, only the protected health information
that is relevant to your health care will be disclosed.
Others Involved in Your Healthcare: Unless you object, we
may disclose to a member of your family, a relative, a close
friend or any other person you identify, your protected health
information that directly relates to that person’s involvement
in your health care. If you are unable to agree or object
to such a disclosure, we may disclose such information as
necessary if we determine that it is in your best interest
based on our professional judgment. We may use or disclose
protected health information to notify or assist in notifying
a family member, personal representative or any other person
that is responsible for your care of your location, general
condition or death. Finally, we may use or disclose your protected
health information to an authorized public or private entity
to assist in disaster relief efforts and to coordinate uses
and disclosures to family or other individuals involved in
your health care.
Emergencies: We may use or disclose your protected health
information in an emergency treatment situation. If this happens,
your physician shall try to obtain your consent as soon as
reasonably practicable after the delivery of treatment. If
your physician or another physician in the practice is required
by law to treat you and the physician has attempted to obtain
your consent but is unable to obtain your consent, he or she
may still use or disclose your protected health information
to treat you.
Communication Barriers: We may use and disclose your protected
health information if your physician or another physician
in the practice attempts to obtain consent from you but is
unable to do so due to substantial communication barriers
and the physician determines, using professional judgment,
that you intend to consent to use or disclosure under the
circumstances.
Other Permitted and Required Uses and Disclosures That May
Be Made Without Your Consent, Authorization or Opportunity
to Object
We may use or disclose your protected health information in
the following situations without your consent or authorization.
These situations include:
Required By Law: We may use or disclose your protected health
information to the extent that the use or disclosure is required
by law. The use or disclosure will be made in compliance with
the law and will be limited to the relevant requirements of
the law. You will be notified, as required by law, of any
such uses or disclosures.
Public Health: We may disclose your protected health information
for public health activities and purposes to a public health
authority that is permitted by law to collect or receive the
information. The disclosure will be made for the purpose of
controlling disease, injury or disability. We may also disclose
your protected health information, if directed by the public
health authority, to a foreign government agency that is collaborating
with the public health authority.
Communicable Diseases: We may disclose your protected health
information, if authorized by law, to a person who may have
been exposed to a communicable disease or may otherwise be
at risk of contracting or spreading the disease or condition.
Health Oversight: We may disclose protected health information
to a health oversight agency for activities authorized by
law, such as audits, investigations, and inspections. Oversight
agencies seeking this information include government agencies
that oversee the health care system, government benefit programs,
other government regulatory programs and civil rights laws.
Abuse or Neglect: We may disclose your protected health information
to a public health authority that is authorized by law to
receive reports of child abuse or neglect. In addition, we
may disclose your protected health information if we believe
that you have been a victim of abuse, neglect or domestic
violence to the governmental entity or agency authorized to
receive such information. In this case, the disclosure will
be made consistent with the requirements of applicable federal
and state laws.
Food and Drug Administration: We may disclose your protected
health information to a person or company required by the
Food and Drug Administration to report adverse events, product
defects or problems, biologic product deviations, track products;
to enable product recalls; to make repairs or replacements,
or to conduct post marketing surveillance, as required.
Legal Proceedings: We may disclose protected health information
in the course of any judicial or administrative proceeding,
in response to an order of a court or administrative tribunal
(to the extent such disclosure is expressly authorized), in
certain conditions in response to a subpoena, discovery request
or other lawful process.
Law Enforcement: We may also disclose protected health information,
so long as applicable legal requirements are met, for law
enforcement purposes. These law enforcement purposes include
(1) legal processes and otherwise required by law, (2) limited
information requests for identification and location purposes,
(3) pertaining to victims of a crime, (4) suspicion that death
has occurred as a result of criminal conduct, (5) in the event
that a crime occurs on the premises of the practice, and (6)
medical emergency (not on the Practice’s premises) and
it is likely that a crime has occurred.
Coroners, Funeral Directors, and Organ Donation: We may disclose
protected health information to a coroner or medical examiner
for identification purposes, determining cause of death or
for the coroner or medical examiner to perform other duties
authorized by law. We may also disclose protected health information
to a funeral director, as authorized by law, in order to permit
the funeral director to carry out their duties. We may disclose
such information in reasonable anticipation of death. Protected
health information may be used and disclosed for cadaveric
organ, eye or tissue donation purposes.
Research: We may disclose your protected health information
to researchers when their research has been approved by an
institutional review board that has reviewed the research
proposal and established protocols to ensure the privacy of
your protected health information.
Criminal Activity: Consistent with applicable federal and
state laws, we may disclose your protected health information,
if we believe that the use or disclosure is necessary to prevent
or lessen a serious and imminent threat to the health or safety
of a person or the public. We may also disclose protected
health information if it is necessary for law enforcement
authorities to identify or apprehend an individual.
Military Activity and National Security: When the appropriate
conditions apply, we may use or disclose protected health
information of individuals who are Armed Forces personnel
(1) for activities deemed necessary by appropriate military
command authorities; (2) for the purpose of a determination
by the Department of Veterans Affairs of your eligibility
for benefits, or (3) to foreign military authority if you
are a member of that foreign military services. We may also
disclose your protected health information to authorized federal
officials for conducting national security and intelligence
activities, including for the provision of protective services
to the President or others legally authorized.
Workers’ Compensation: Your protected health information
may be disclosed by us as authorized to comply with workers’
compensation laws and other similar legally-established programs.
Inmates: We may use or disclose your protected health information
if you are an inmate of a correctional facility and your physician
created or received your protected health information in the
course of providing care to you.
Required Uses and Disclosures: Under the law, we must make
disclosures to you and when required by the Secretary of the
Department of Health and Human Services to investigate or
determine our compliance with the requirements of Section
164.500 et. seq.
2. Your Rights
Following is a statement of your rights with respect to your
protected health information and a brief description of how
you may exercise these rights.
You have the right to inspect and copy your protected health
information. This means you may inspect and obtain a copy
of protected health information about you that is contained
in a designated record set for as long as we maintain the
protected health information. A “designated record set”
contains medical and billing records and any other records
that your physician and the practice uses for making decisions
about you.
Under federal law, however, you may not inspect or copy the
following records; psychotherapy notes; information compiled
in reasonable anticipation of, or use in, a civil, criminal,
or administrative action or proceeding, and protected health
information that is subject to law that prohibits access to
protected health information. Depending on the circumstances,
a decision to deny access may be reviewable. In some circumstances,
you may have a right to have this decision reviewed.
Please contact our Privacy Contact if you have questions about
access to your medical record.
You have the right to request a restriction of your protected
health information. This means you may ask us not to use or
disclose any part of your protected health information for
the purposes of treatment, payment or healthcare operations.
You may also request that any part of your protected health
information not be disclosed to family members or friends
who may be involved in your care or for notification purposes
as described in this Notice of Privacy Practices. Your request
must state the specific restriction requested and to whom
you want the restriction to apply.
Your physician is not required to agree to a restriction that
you may request. If physician believes it is in your best
interest to permit use and disclosure of your protected health
information, your protected health information will not be
restricted. If your physician does agree to the requested
restriction, we may not use or disclose your protected health
information in violation of that restriction unless it is
needed to provide emergency treatment. With this in mind,
please discuss any restriction you wish to request with your
physician. You may submit your requested restrictions to our
office in writing.
You have the right to request to receive confidential communications
from us by alternative means or at an alternative location.
We will accommodate reasonable requests. We may also condition
this accommodation by asking you for information as to how
payment will be handled or specification of an alternative
address or other method of contact. We will not request an
explanation from you as to the basis for the request. Please
make this request in writing to our Privacy Contact.
You may have the right to have your physician amend your protected
health information. This means you may request an amendment
of protected health information about you in a designated
record set for as long as we maintain this information. In
certain cases, we may deny your request for an amendment.
If we deny your request for amendment, you
have the right to file a statement of disagreement with us
and we may prepare a rebuttal to your statement and will provide
you with a copy of any such rebuttal. Please contact our Privacy
Contact to determine if you have questions about amending
your medical record.
You have the right to receive an accounting of certain disclosures
we have made, if any, of your protected health information.
This right applies to disclosures for purposes other than
treatment, payment or healthcare operations as described in
this Notice of Privacy Practices. It excludes disclosures
we may have made to you, for a facility directory, to family
members or friends involved in your care, or for notification
purposes. You have the right to receive specific information
regarding these disclosures that occurred after April 14,
2003. You may request a shorter timeframe. The right to receive
this information is subject to certain exceptions, restrictions
and limitations.
You have the right to obtain a paper copy of this notice
from us, upon request, even if you have agreed to accept this
notice electronically.
3. Complaints
You may complain to us or to the Secretary of Health and Human
Services if you believe your privacy rights have been violated
by us. You may file a complaint with us by notifying our privacy
contact of your complaint. We will not retaliate against you
for filing a complaint.
You may contact our Privacy Contact, Erika Hill, Office Manager
at (727) 518-8660 for further information about the complaint
process.
This notice was published and becomes effective on May 21,
2002.
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