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HIPAA HEART
CONSULTANTS, P.C.
NOTICE OF PRIVACY PRACTICES
(Effective April 14, 2003)
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.
The law requires us to keep your medical records confidential and to provide
you with this Notice of Privacy Practices describing how we may use and
disclose your health information, including your medical history, symptoms,
examination and test results, diagnoses and treatment plans, to carry
out treatment, payment and health care operations and for other purposes
that are allowed or required by law. It also describes your rights to
review and control the use and disclosure of your health information.
We are required to follow the privacy practices described in this Notice.
We may change our privacy practices at any time. The revised privacy practices
will be set forth in a revised Notice and will be effective for all health
information that we maintain at that time. Upon your request, we will
provide you with a copy of the most recent Notice. A current copy of our
Notice of Privacy Practices will be posted in our office in a visible
location at all times.
- Uses and Disclosures.
The law allows us to use and disclose your health information for treatment,
payment and health care operations. The following are examples of such
uses and disclosures:
a. Treatment. We will
use and disclose your health information to individuals within our
office in order to provide, coordinate, and manage your medical
care and any related services. This includes the use or disclosure
of your health information to aid in the coordination or management
of your medical care with a third party. For example, your 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.
b. Payment. Your
health information will be used or disclosed, as needed, to allow
us to obtain payment for health care services provided to you. This
may include disclosure to your health insurance plan or carrier
as they undertake certain activities before approving or paying
for medical services. Such activities include making a determination
of eligibility or coverage for insurance benefits, reviewing services
provided to you for medical necessity, and undertaking utilization
review activities.
c. Healthcare Operations.
We may use or disclose, as needed, your health information to operate
our business. These activities include, but are not limited to,
quality assessment and improvement activities, reviewing the quality
of care provided by your health care providers, training of personnel
and medical students, licensing, and conducting or arranging for
other business activities.
d. Incidental Uses and Disclosures.
There may also be incidental uses or disclosures of your health
information as a result of otherwise allowed uses and disclosures.
Such uses and disclosures may occur because they cannot reasonably
be prevented. For example, when your name is called in the waiting
room, we cannot reasonably prevent others from overhearing your
name.
e. Other. 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 use or disclose
your health information, as necessary, to contact you to schedule
or remind you of an appointment, including leaving messages on your
answering machine.
We may fax your health information to carry
out treatment, payment or health care operations.
We will share your health information with other organizations that
perform various activities on our behalf such as billing or transcription
services. Whenever an arrangement between our office and another
organization involves the use or disclosure of your health information,
we will have a written contract that contains terms that will protect
the privacy of your health information.
We may use or disclose your 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. 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 we believe
may be beneficial to you.
We may disclose your health information to another health care provider
of yours for their health care operations relating to their quality
assessment and improvement activities, reviewing the competence
or qualifications of their health care professionals, or detecting
or preventing health care fraud and abuse.
We may use or disclose demographic information about you and the
dates we provided health care services to you for the purpose of
raising funds for our organization.
We may use or disclose your health information for marketing purposes
in meetings between our physicians and you or when we provide you
with promotional gifts of nominal value.
- Uses and Disclosures Allowed or
Required by Law. We may use or disclose your health information
in the following situations as allowed or required by law:
a. Required By Law.
We may use or disclose your health information if we are legally required
to do so. We will limit the use or disclosure to that required by
such law.
b. Public Health. We may disclose your health
information to a public health authority for purposes of controlling
disease, injury or disability. We may also disclose your health information,
if directed by the public health authority, to a foreign government
agency that is collaborating with the public health authority.
c. Communicable Diseases. We may disclose
your 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.
d. Health Oversight. We may disclose health
information to a health oversight agency for activities authorized
by law, such as audits, investigations, and inspections. Oversight
agencies seeking this information include, but are not limited to,
government agencies that oversee the health care system, government
benefit programs, other government regulatory programs and entities
subject to civil rights laws.
e. Abuse or Neglect. We may disclose your
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 health information to the governmental entity
or agency authorized to receive such information if we believe that
you have been a victim of abuse, neglect or domestic violence. In
this case, the disclosure will be made consistent with the requirements
of applicable federal and state laws.
f. Food and Drug Administration. We may disclose
your health information to a person or company as required by the
Food and Drug Administration (“FDA”) for purposes relating
to the quality, safety or effectiveness of FDA regulated products
or activities.
g. Legal Proceedings. We may disclose 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), and in certain
conditions, in response to a subpoena, discovery request or other
lawful process.
h. Law Enforcement. We may disclose health
information, so long as applicable legal requirements are met, to
law enforcement officials, for law enforcement purposes.
i. Coroners, Funeral Directors and Organ Donation. We may disclose
health information to a coroner or medical examiner for identification
purposes, to determine cause of death or for the coroner or medical
examiner to perform other duties authorized by law. We may also disclose
health information to a funeral director, as authorized by law, in
order to permit the funeral director to carry out his/her duties.
Health information may be used and disclosed for cadaveric organ,
eye or tissue donation purposes.
j. Research. We may
disclose your health information to researchers when their research
has been approved by a privacy board or an institutional review board.
k. Criminal Activity. Consistent with applicable
federal and state laws, we may disclose your 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.
l. Military Activity and National
Security. When the appropriate conditions apply, we may
use or disclose 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 health information to
authorized federal officials for conducting national security and
intelligence activities, including providing protective services to
the President of the United States or others.
m. Employers. We may
disclose to your employer health information obtained in providing
medical services to you at the request of your employer for purposes
of conducting an evaluation relating to medical surveillance of the
workplace or determining whether you have a work related illness or
injury when such medical services are needed by the employer to comply
with certain legal requirements.
n. Correctional Institutions. If you are an
inmate or in legal custody, we may disclose to the correctional institution
or law enforcement official having legal custody of you, certain health
information if necessary for health and safety purposes.
o. Workers’ Compensation.
Your health information may be disclosed by us as authorized to comply
with workers’ compensation laws and other similar legally established
programs.
p. Compliance. Under
the law, we must make disclosures of health information to the Secretary
of the Department of Health and Human Services to enable it to investigate
or determine our compliance with the requirements of the privacy laws.
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Written Authorization.
Any uses and disclosures of your health information for purposes other
than treatment, payment and health care operations, or as otherwise
allowed or required by law as described above will be made only with
your written authorization. Any authorization you provide to us is
effective for the period specified in the authorization (which cannot
exceed one year) unless you revoke the authorization in writing. Any
written authorization may be revoked by you, at any time. Your revocation
shall not apply to those uses and disclosures we made on your behalf
pursuant to your authorization prior to the time we received your
written revocation. We will accept authorizations by facsimile and
will treat such as originals.
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Facility Directories.
Unless you notify us, we will use and disclose in our facility directory
your name, the location at which you are receiving care, your condition
(in general terms), and your religious affiliation. All of this information,
except religious affiliation, will be disclosed to people that ask
for you by name. Members of the clergy will be told your religious
affiliation. If you do not want us to use or disclose such information
or want some restrictions on what is placed in our facility directory
or who the information is disclosed to, your request must be in writing,
addressed to our Privacy Officer and state the specific restrictions
requested. If you are not present or able to express your objection
or request a restriction to such use or disclosure, then your physician
may, using the physician’s professional judgment, determine
whether the use or disclosure is in your best interest.
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Others Involved in Your Healthcare.
We may disclose to a member of your family, a relative, a close friend
or any other person you identify, your health information that directly
relates to that person’s involvement in your health care or
who has responsibility for payment of your health care. We may also
use or disclose your health information to notify or assist in notifying
a relative or any person responsible for your care, of your location,
general condition or death. In addition, we may use or disclose your
health information to a public or private entity, authorized by law
or by its charter to assist in disaster relief efforts, for the purposes
of coordinating the above uses and disclosures to your family or other
individuals involved in your health care.
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Your Rights. Following
is a statement of your legal rights with respect to your health information
and a brief description of how you may exercise these rights.
a. Access. You have the limited right, subject
to certain grounds for denial, to look at all of your health information
that we keep except for the following records: psychotherapy notes;
information compiled in reasonable anticipation of, or use in, a civil,
criminal, or administrative action or proceeding; and certain laboratory
information restricted by federal law. You also have the limited right,
subject to certain grounds for denial, to obtain copies of that health
information you have a right to look at. Our office may charge you
a reasonable fee for copying, mailing, labor and supplies associated
with your request. Any request for access to or copies of your health
information must be in writing and provided to our Privacy Officer.
If your request for access to or copies of your health information
is denied, you may, depending on the circumstances, have a right to
have a decision to deny access reviewed. We will provide you, in writing,
with our reasons for denial of access and, if, by law, you are allowed
to have such denial reviewed, we will provide you with instructions
for having a denial of access reviewed.
b. Restrictions. You may ask us to restrict
the use or disclosure of any part of your health information to carry
out treatment, payment or healthcare operations. You may also request
that any part of your health information not be disclosed to family,
relatives or friends who may be involved in your care or to notify
them of your location, general condition or death. In addition, you
may request that we restrict the use and disclosure of your health
information for disaster relief efforts. Your request must be in writing,
addressed to our Privacy Officer and state the specific restriction
requested and to whom you want the restriction to apply. If you are
not present or able to express an objection or request a restriction
to such use or disclosure, then your physician may, using the physician’s
professional judgment, determine whether the use or disclosure is
in your best interest.
We are not required to agree to a restriction that you may request.
If your physician believes it is in your best interest to permit use
and disclosure of your health information, your health information
will not be restricted. If your physician does agree to the requested
restriction, we may not use or disclose your health information in
violation of that restriction unless there is an emergency. We may
terminate our agreement to restrict uses and disclosures of your health
information by providing you with written notice of such; provided,
however, that our termination shall only be effective with respect
to health information created or received after we have given you
notice of termination of the restriction.
c. Confidential Communication. You have the
right to request that we send your health information to you by alternative
means or to an alternative location. We will accommodate reasonable
requests. We may condition this accommodation by having you sign an
authorization, 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. Your request must be in writing, addressed
to our Privacy Officer, and state the accommodations you are requesting.
d. Amendments. You may request an amendment
of your health information that we maintain. Such request must be
in writing and provided to our Privacy Officer. 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
that will become part of your health information. If you file a statement
of disagreement, we reserve the right to respond to your statement.
You will receive a copy of any response we make and any such response
will become part of your health information.
e. Accounting of Disclosures. You have the
right to receive an accounting of certain disclosures we have made,
if any, of your health information. This right applies to disclosures
made on and after April 14, 2003 for purposes other than (i) treatment,
payment or healthcare operations as described in this Notice; (ii)
disclosures made to you; (iii) disclosures to a facility directory;
(iv) disclosures to family members or friends involved in your care
or for notification purposes; or (v) disclosures pursuant to an authorization.
The right to receive this information is subject to certain exceptions,
restrictions and limitations. Your request for an accounting must
be in writing, addressed to our Privacy Officer.
f. Electronic Notice. If you receive a copy
of this Notice on our website or by e-mail, you have the right to
obtain a paper copy from us upon request.
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Complaints. You
may complain to us or to the Secretary of Health and Human Services
if you believe we have violated your privacy rights. To complain to
us, you may send our Privacy Officer a letter describing your concerns
to the address found below. We respect your privacy and support any
efforts to protect the privacy of your health information. We will
not retaliate against you for filing a complaint.
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Privacy Officer Contact Information.
If you have any questions about this Notice, you may contact our Privacy
Officer by telephone, e-mail, facsimile, or mail at the address set
forth below. If, however, you want to exercise any of your rights
pursuant to this Notice of Privacy Practices or have a complaint,
such action must be in writing and faxed or mailed to our Privacy
Officer at the address set forth below.
HEART CONSULTANTS, P.C.
ATTN: PRIVACY OFFICER
6901 N 72nd Street, Suite 3300N
Omaha, NE 68122
Phone: (402)572-3300
Facsimile: (402)572-3305
Email: jpittman@heartconsultantspc.com
Note: If signed by someone other than the patient,
we need written proof of your authority.
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