Notice
of Privacy
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 at the front desk.
This Notice of Privacy 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 web site, 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 the 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 another physician who may be treating
you when we have the necessary permission from you to disclose your protected
health information. Your protected health information may be
provided 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 Chiropractic adjustments may require that your relevant protected
health information be disclosed to the health plan to obtain approval
for that care.
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 Chiropractic students, licensing, marketing and fundraising
activities, and conducting or arranging for other business activities.
For example, we may disclose your protected health information to Chiropractic
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 to the use
or disclosure indicated in the authorization. With your authorization,
we may use or disclose your demographic information and the dates that
you received treatment from your physician, as necessary, in order to
contact your for fundraising activities supported by our office. If you
do not want to receive these materials, please contact our Privacy Contact
and request that these fundraising materials not be sent to you.
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 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 disclose
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 insurance 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 this 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.
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 purpose of treatment,
payment or healthcare operations. You may also request that any part of
your protected health information not be disclosed to family members of
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 request a
restriction by presenting your request, in writing to the staff member
identified as “Privacy Contact” at the top of this form. A
simple sentence, “Do not use my PHI (Protected Health Information)
for education of Chiropractic Students.” or “Do not send any
communications to my home address.” Sign and date your request.
Ask that the staff provide you with a photocopy of your request initialed
by them. This copy will serve as your receipt.
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 methods 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
a 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 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 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
us at the front desk, at Coast Pain Relief Center, or coastpainrelief@bellsouth.net
for further information about the complaint process. This notice was published
and becomes effective on April 25, 2003.
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