| NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL
INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN
OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This Notice of Privacy Practices is being provided
to you as a requirement of the privacy regulations issued under
the Health Insurance Portability and Accountability Act of 1996
(HIPAA). This notice describes our medical practice (the “Practice”)
may use and disclose medical information about you 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 medical information about you. Your medical
information (i.e., “protected health information” for
purposes of HIPAA) 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. We are
required by law to maintain the privacy of your medical information
and we must abide by the terms of this notice.
In this notice we provide descriptions of the different
ways that we may use and disclose your medical information. In some
cases, an example is provided to describe the types of uses and
disclosures of your medical information that may be made by us.
In addition to the privacy protections provided under
federal law (which are described in more detail below) and except
in certain limited circumstances, California law requires us to
obtain your written consent (or, under some statutes or rules, written
consent from your attorney, guardian, or upon court order) before
we can use or disclose your information if you qualify as a patient
that:
- Suffers from a sexually transmitted disease;
- Is HIV+ or has Acquired Immune Deficiency Syndrome;
- Suffers from a mental disorder;
- Has a problem with substance abuse;
- Is eligible to receive benefits for the State
of California for certain developmental disabilities or mental
retardation;
- Receives rehabilitative services through the California
MediCal program;
- Is eligible to receive certain other benefits
through California’s MediCal program
Effective Date: April 14, 2003
Uses and Disclosures of Protected Health Information
For Treatment. We may use medical
information about you to provide you with medical treatment or services.
We may disclose medical information about you to doctors, nurses,
technicians, residents, or other health care professionals who are
involved in taking care of you. For example, we may disclose your
medical information to another doctor or health care provider (such
as a specialist, your primary care doctor, a pharmacist or clinical
laboratory) who, at the direction of your doctor, is involved in
your treatment or care. California Law may also limit these uses
or disclosures of your medical information.
For Payment. We may use and disclose
medical information about you so that the treatment and services
you receive may be billed to and payment may be collected from you,
an insurance company or others. For example, your insurance company
may need to know certain information about the diagnostic test (such
as a stress test or electrocardiogram) or procedure (such as a sigmoidoscopy
or conization) you received so they will pay us or reimburse you
for the test or procedure. We may also use and disclose medical
information about you to obtain prior approval or to determine whether
your insurance company will cover a proposed treatment. California
Law may also limit these uses or disclosures of your medical information.
For Health Care Operations. We may
use and disclose medical information about you for health care operations.
This is necessary to make sure that all or our patients receive
quality care and to support the business operations of our Practices.
These uses or disclosures of your medical information may also be
limited by California Law.
A few examples of our health care operations are quality
improvement, doctor/employee review activities, compliance, and
the training of health care professionals. Also included in healthcare
operations are the day-to-day tasks that are required to keep our
Practice locations functioning and to provide you with quality care.
For example, in our waiting rooms we may use a sign-in sheet at
the registration desk where you will be asked to sign you name and
indicate your doctor or there may be an individual check in sheet
that will ask additional information of you. We may also call you
by name in the waiting room when your doctor is ready to see you.
In addition, we may contact you (e.g., by telephone or mail or Email)
to remind you about an appointment, to provide instructions prior
to a diagnostic test or procedure, to provide information about
treatment alternatives or other health-related benefits that may
be of interest to you, to advise you of normal test results or to
discuss your account. In such cases, we may send you a postcard
reminding you of an appointment or reminding you that it is time
to schedule an appointment or we may leave a message on your answering
machine, if available. The departments that may have reason to communicate
with you regarding your care include the following:
- Reception/Communications (i.e., appointment reminders)
- Diagnostic Testing
- Authorizations
- Research
- Clinical Services
- Business Office
- Quality Improvement (i.e., patient satisfaction)
As another part of health care operations, we may
use and disclose medical information about you to our “business
associates”. Our business associates, such as transcription
services,
collection agency, and call answering service, just to name a few,
perform services on behalf of the Practice. Whenever an arrangement
between our Practices and a business associate involves the use
or disclosure of medical information about you, we will have a written
contract with that business associate that will require such business
associate to agree to protect the privacy of your medical information.
Uses and Disclosures of Protected Health Information
Not Discussed in This Notice
Uses and disclosures of your medical information that
have not been described in this notice will not be made without
your written permission. If you provide us 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 such permission. However, you should understand
that we are unable to take back any actions we have already taken
with your permission, and that we are required to retain our records
of the care we provided to you.
Other Permitted and Required Uses and Disclosures
That May Be Made With Your Agreement or Opportunity to Object
You have the opportunity to agree or object to the
use or disclosure of all or parts of medical information about you
in the situations discussed in the following paragraph. If you are
not present or able to agree or object to the use or disclosure
of your medical information in such instances, then your doctor
may, using his or her professional judgment, use or disclose your
medical information if believed to be in your best interest. California
Law may also limit these uses or disclosures of your medical information.
Individuals Involved in Your Care or Payment
for Your Care. Unless you object, in an urgent situation
we may release medical information about you to a friend, family
member, or any other person you identify who is involved in your
medical care. We may also give information to someone who helps
pay for your care. We may use or disclose medical information
about you 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. In addition,
we may disclose medical information about you to an entity assisting
in a disaster relief effort so that your family can be notified
about your location, general condition or death.
Research
We may use and disclose medical information about
you for research purposes under certain circumstances. However,
other than obtaining medical information in preparation for a research
program or protocol, your specific permission is generally required
if such research will involve the use or disclosure of your medical
information.
Other Permitted and Required Uses and Disclosures
That May Be Made Without Your Authorization or Opportunity to Agree
or Object
Unless California Law requires otherwise, we may use
or disclose your protected health information in certain situations
without your specific permission or without giving you an opportunity
to agree or object. Among these situations are the following:
Required By Law. We are permitted
to 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.
In certain circumstances, we may use and disclose medical information
about you when necessary to prevent a serious threat to your health
and safety or the health and safety of the public or another person.
Military and Veterans. If you are
a member of the armed forces, in certain circumstances we may
release information about you to an appropriate government body.
Workers’ Compensation. We
may release medical information about you to comply with workers’
compensation (or similar) laws.
Inmates. If you are an inmate of
a correctional institution or under the custody of a law enforcement
official, we may in certain circumstances release medical information
about you to the correctional institution or law enforcement official.
Public Health Activities. We may
disclose medical information about you for public health activities.
These activities generally include, without limitation, the following:
- to prevent or control disease, injury or disability;
- to report births and deaths;
- to report child abuse and neglect;
- to report animal bites;
- to report reactions to medications or problems
with products;
- to notify people of recalls or 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
disease or condition; or
- to notify the appropriate government authority
if we believe a patient has been the victim of abuse, neglect
or domestic violence
Health Oversight Activities. We
may disclose medical information to a health oversight agency
for activities related to the monitoring of the health care system,
government programs or compliance with civil rights laws. These
oversight activities include, for example, audits, investigations,
inspections, and licensure.
Lawsuits and Disputes
In certain circumstances, we may disclose medical information
about you in response to a subpoena, discovery request, or other
lawful order from a court.
Law Enforcement. We may release
medical information if asked to do so by a law enforcement official
as part of law enforcement activities in certain circumstances.
Coroners, Medical Examiners and Funeral
Directors. If authorized by law, we may release medical
information to a coroner or medical examiner. We may also release
medical information to a funeral director, as consistent with
applicable law, in order to permit the funeral director to carry
out his or her duties. Also, medical information may be used and
disclosed for organ, or tissue donation purposes.
Protective Services for the President, National
Security and Intelligence Activities. We may disclose
medical information about you to authorized federal officials
so they may, without limitation, (i) provide protection to the
President; other authorized persons or foreign heads of state
or conduct special investigations, or (ii) conduct lawful intelligence,
counter-intelligence, or other national security activities authorized
by law.
To Notify and Employer of Medical Information
Related to an Employee It:
- or to evaluate whether an employee has a work-related
injury or illness,
- the use or disclosure of information is related
to these purposes,
- the use and disclosure is required for the employer
to comply with its legal obligations,
- the covered entity was providing services at
the request of an employer for medical surveillance the employee
is given notice that the information will be disclosed (notice
can be handed to the patient or, if the health care I provided
on the worksite, prominently displayed at the location where
health care is provided).
Your Rights Regarding Medical Information
About You
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 relates to you.
To inspect and copy such medical information, you must
submit your request in writing to our Privacy Officer at the address
below. If you request a copy of the information, we may charge
you a reasonable fee for the costs of copying, mailing or other
supplies associated with your request.
We may deny your request to inspect and copy in certain circumstances.
If you are denied access to medical information, you may in certain
circumstances request that the denial be reviewed. In such cases,
another licensed health care professional chosen by ProHealth/Argus
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 of the review.
- Right to Amend. If you feel that
medical information we have about you is incorrect or incomplete,
you may ask us to amend the information. In certain circumstances,
you have the right to amend your medical information.
To request an amendment, your request must
be made in writing and submitted to our Privacy Officer at the
address below. In addition, you must provide a reason that supports
your request. We may deny your request for an amendment in certain
circumstances.
- Right to an Accounting of Disclosures.
You have the right to receive an accounting of certain disclosures
that we have made.
To request an accounting of disclosures, you must submit your
request in writing to our Privacy Officer at the address below.
Your request must state a time period that may not be longer than
six (6) years and may not include dates before April 14, 2003.
Your request should indicate in what form you want the list (for
example, on paper or electronically). The first list you request
within a 12-month period will be free. For additional lists within
a single 12-month period, we may charge you for the costs of providing
the list. We will notify you of the cost involved and you may
chose 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 how
we use or disclose certain medical information about you, including
how we use or disclose your medical information for treatment,
payment or health care operations.
We are not required to agree to your request. If we do agree,
we will comply with your request unless the information is needed
to provide you emergency treatment.
To request restrictions, you must make your request in writing
to our Privacy Officer at the address below. In your request,
you must tell us: 1) what information you want to limit; 2) whether
you want to limit our use, disclosure or both; and 3) to whom
you want the limits to apply.
- 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.
To request confidential communications, you must make your request
in writing to our Privacy Officer at the address below. 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 to be contacted.
- Right to a Paper Copy of This Notice.
You have the right to a paper 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.
To obtain a paper copy of this notice, you can request one in
writing from our Privacy Officer at the address below or simply
ask for a copy at the reception/check-in desk at your doctor’s
office.
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 receive in the future. We will post a copy
of the current notice. The notice will contain on the first page,
in the bottom right-hand corner, the effective date.
Complaints
If you believe your privacy rights have been violated,
you may file a complaint with us or with the Secretary of the Department
of Health and Human Services. To file a complaint, contact our Privacy
Officer at the address below. All complaints must be submitted in
writing. You will not be penalized for filing a complaint, and we
will seek to deal with all complaints in a reasonable and efficient
manner.
Privacy Officer
Jean M. Seruntine
HIPAA Compliance Officer
1045 Atlantic Avenue, Suite 705
Long Beach, California 90813
Tel. No. (562) 491-9771
Fax No. (562) 491-9659
Email Address: jms@medicity.com
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Acknowledgement of Receipt of Notice of Privacy
Practices
The Practice reserves the right to modify
the privacy practices outlined in this notice.
I have received a copy of the Notice of Privacy Practices.
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of Patient (Print or Type) |
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of Patient |
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Signature of Patient Representative
(Required if patient is a minor or an adult who is unable
to sign this form.) |
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Relationship of Representative |
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Documentation of Attempt to Obtain Acknowledgement
of Receipt of Privacy Practices
Attempt to Obtain Acknowledgement
An attempt was made to obtain an acknowledgement
of the Notice of Privacy Practices on ________________________.
The acknowledgement was not obtained because:
Signature
Name
of the Patient (Print or Type) |
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Name of Staff Member |
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