If you have any questions about this Notice please contact: our Privacy
Contact who is Ann Cicero 214-744-3278
OUR COMMITMENT TO PROTECT YOUR HEALTH INFORMATION
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.
Your "protected health Information" means any of your written and oral health
Information, including your demographic data that can be used to Identify you.
This is health information that Is created or received by your health care
provider, and that relates to your past, present or future physical or mental
health or condition.
We are strongly committed to protecting your medical information. We create a
medical record about your care because we need the record to provide you with
appropriate treatment and to comply with various legal requirements. We transmit
some medical information about your care In order to obtain payment for the
services you receive, and we use certain information In our day to day
operations. This Notice will let you know about the various ways we use and
disclose your medical Information, describe your rights and our obligations with
respect to the use or disclosure of your medical Information. We will also ask
that you acknowledge receipt of this Notice the first time you come to or use
any of our facilities, because the law requires us to make a good faith effort
to obtain your acknowledgment.
We are required by law to:
Make sure that any medical or health information that we have that
identifies you is kept private, and will be used or disclosed only in accord
with this Notice of Privacy Practices and applicable law;
Give you this Notice of our legal duties and our privacy practices; and
Abide by the terms of the Notice of Privacy Practices that Is in effect from
time to time.
1. USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
A. Uses and Disclosures of Protected Health information for Treatment,
Payment and Healthcare Operations
Your protected health information may be used and disclosed by your
(Orthotist or Prosthetist), our office staff and others outside
of our office who 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 this facility.
Following are examples of the types of uses and disclosures of your
protected health care information that this facility is permitted to make. We
have provided some examples of the types of each use or disclosure we may make,
but not every use or disclosure in any of the following categories will
be listed.
For Treatment: We will use and disclose your protected health
information to provide, coordinate, or manage your health cars and any related
treatment. This includes the coordination or management of your health care with
a third party that has already obta4ned your permission to have access to
your protected health information. For example, we would disclose your protected
health Information, as necessary, to the physician that referred you to
us. We will also disclose protected health Information to other health care
providers who may be treating you when we have the necessary permission from you
to disclose your protected health Information,
For 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. We may also tell your health plan about an
orthotic or prosthetic device you are going to receive to obtain prior approval
or to determine whether your plan will cover the device.
For Healthcare Operations: We may use or disclose, as needed, your
protected health information in order to support the business activities
of this facility, These activities Include, but are not limited to, quality
assessment activities, employee review activities, legal services, licensing,
and conducting or arranging for other business activities. We may share
your protected health Information with third party "business associates" that
perform various activities (e.g., billing, transcription services) for this
facility. Whenever an arrangement between our facility and our 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.
Treatment Alternatives: 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.
Appointment Reminders: We may use or disclose your protected health
Information, as necessary, to contact you to remind you of your appointment.
Sign in Sheets: We may use a sign-in sheet at the registration desk
where you will be asked to sign your name. We may also call you by name in the
waiting room when your (Orthotist or Prosthetist) is ready to see you.
Marketing and Health Related Benefits and Services: We may also use
and disclose your protected health information for other marketing activities,
For example, we may 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.
Sale of the Practice: If we decide to sell this practice or merge or
combine with another practice, we may share your protected health information
with the new owners.
B. 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 your authorization, at any time, in
writing. You understand that we can not take back any use or disclosure we may
have made under the authorization before we received your written revocation,
and that we are required to maintain a record of the medical care that has been
provided to you. The authorization is a separate document, and you will have the
opportunity to review any authorization before you sign It. We will not
condition your treatment in any way on whether or not you sign any
authorization.
C. Other Permitted and Required Uses end Disclosures That May Be Made Either
With Your Agreement or the 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 (Orthotist or Prosthetlst) may,
using their 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, orally or in writing, 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 your
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 or general condition.
D: Other Permitted and Required Uses and Disclosures That May Be Made Without
Your Authorization or Opportunity to Object
We may use or disclose your protected health information in the following
situations without your authorization or providing you the opportunity to
object.
Required by Law: We may use or disclose your protected health
information to the extent that the use or disclosure is required by federal,
state or local 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. A
disclosure under this exception would only be made to somebody in a position to
help prevent the threat to public health
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 bean a victim of abuse,
neglect or domestic violence to the governmental entity or agency
authorized to receive such information. We will only make this disclosure
If you agree or when required or authorized by law. In this case, the disclosure
will be made consistent with the requirements of applicable federal and
state laws.
Military Veterans: If you are a member of the military, we may
release protected health information about you as required by military command
authorities.
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 your 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 your protected health
Information, so long as applicable legal requirements are met, for law
enforcement purposes. These law enforcement purposes might 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, end (6) medical
emergency (not on the facility’s premises) and it Is likely that a crime
has occurred.
Coroners, Funeral Directors, and Organ Donation: We may disclose your
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: Under certain circumstances, 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.
Workman's Compensation: We may disclose your protected health
information as authorized to comply with workers’ compensation laws and other
similar legally-established programs that provide benefits for work related
illnesses and injuries.
Inmates: We may use or disclose your protected health
Information If you are an inmate of a corrections facility and your (Orthotist
or Prosthetist) 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 the final rule on Standards for Privacy of
Individually Identifiable Health Information.
2. YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU
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 your protected health
information contained in your medical and billing records and any other records
that your (Orthotist or Prosthetlst) uses for making
decisions about you, for as long as we maintain the protected health
information.
To inspect and copy your medical information, you must submit a written
request to the Privacy Contact listed on the first and last pages of this
Notice. If you request a copy of your Information, we may charge you a fee for
the costs of copying, mailing or other costs incurred by us In complying with
your request.
We may deny your request in limited situations specified in the
law, For example, you may not inspect or copy psychotherapy notes; or
information compiled in reasonable anticipation of, or use in, a civil,
criminal, or administrative action or proceeding, and certain other specified
protected health information defined by law. In some circumstances, you may have
a right to have this decision reviewed. The person conducting the review will
not be the person who initially denied your request. We will comply with the
decision in any review, Please contact our Privacy Contact if you have questions
about access to your medical record.
You have a 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 (Orthotlst or Prosthetist) is not required to agree to a restriction
that you may request. If the (Orthotlst or Prosthetist) 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 (Orthotlst
or Prosthetist) 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 (Orthotlst or Prosthetist).
You may request a restriction 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 (Orthotlst or Prosthetist) amend your
protected health information. This means you may request an amendment of
your protected health Information contained In your medical end billing records
and any other records that your (Orthotist or Prosthetist) uses for making
decisions about you, for as long as we maintain the protected health
information. You must make your request for amendment In writing to our Privacy
Contact, and provide the reason or reasons that support your request.
We may deny any request that is not In writing or does not state a reason
supporting the request. We may deny your request for an amendment of any
information that:
1. Was not created by us, unless the person that created the information is
no longer available to amend the information;
2. Is not part of the protected health information kept by or for us;
3. Is not part of the Information you would be permitted to inspect or copy;
or
4. Is accurate end complete.
If we deny your request for amendment, we will do so in writing and explain
the basis for the denial. You have the right to file a written statement of
disagreement with us. We may prepare a rebuttal to your statement end 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 only
applies to disclosures for purposes other than treatment, payment or health care
operations as described in this Notice of Privacy Practices. It also
excludes disclosures we may have made to you, 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. The right to receive this information is subject to certain
exceptions, restrictions and limitations. You must submit a written request for
disclosures in writing to the Privacy Contact. You must specify a time period,
which may not be longer than six years and cannot include any date before April
14, 2003. You may request a shorter timeframe. Your request should indicate the
form in which you want the list (i.e., on paper. etc). You have the right to one
free request within any 12 month period, but we may charge you for any
additional requests in the same 12 month period. We will notify you about the
charges you will be required to pay, and you are free to withdraw or modify your
request in writing before any charges are incurred.
You have the right to obtain a paper copy of this notice from us upon
request to our Privacy Contact, or in person at our office, at any time, even if
you have agreed to accept this notice electronically.
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 in any way for filing a complaint, either with us or
with the Secretary.
You may contact our Privacy Contact, Ann Cicero, at (214) 744-3278 for
further Information about the complaint process.
4. CHANGES TO THIS NOTICE
We reserve the right to change the privacy practices that are
described in this Notice of Privacy Practices. We also reserve the right to
apply these changes retroactively to Protected Health Information received
before the change in privacy practices. You may obtain a revised Notice of
Privacy Practices by calling the office and requesting a revised copy be
sent in the mail, asking for one at the time of your next appointment, or accessing our website.
This notice was published and becomes effective on April 14,
2003.