Patients' privacy rights and Primecare Medical Clinics
privacy practices are outlined in a document called the
"Notice of Privacy Practices." (
) Patients are given a copy when they come for their first visit and are asked to sign a form that acknowledges they have received the information. Once they have received the document and
signed the acknowledgment form, they will not need to
receive another copy -- or sign another acknowledgment
-- unless Primecare makes major changes in its privacy
practices.
PRIMECARE MEDICAL
CLINIC
NOTICE OF PRIVACY
PRACTICES
April 14, 2003
As Required by the Privacy
Regulations Created as a Result of the Health Insurance
Portability and Accountability Act of 1996 (HIPPA)
THIS NOTICE DESCRIBES HOW
HEALTH INFORMATION ABOUT YOU (AS A PATIENT OF THIS
PRACTICE) MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET
ACCESS TO YOUR INDIVIDUALLY IDENTIFIABLE HEALTH
INFORMATION.
PLEASE REVIEW THIS
NOTICE CAREFULLY.
A. OUR COMMITMENT TO YOUR PRIVACY
Our
practice is dedicated to maintaining the privacy of your
individually identifiable health information (IIHI). In
conducting our business, we will create records
regarding you and the treatment and services we provide
to you. We are required by law to maintain the
confidentiality of health information that identifies
you. We also are required by law to provide you with
this notice of our legal duties and the privacy
practices that we maintain in our practice concerning
your IIHI. By federal and state law, we must follow the
terms of the notice of privacy practices that we have in
effect at the time.
We
realize that these laws are complicated, but we must
provide you with the following important information:
·
How we may
use and disclose your IIHI
·
Your privacy
rights in your IIHI
·
Our
obligations concerning the use and disclosure of your
IIHI
The
terms of this notice apply to all records containing
your IIHI that are created or retained by our practice.
We reserve the right to revise or amend this Notice of
Privacy Practices. Any revision or amendment to this
notice will be effective for all of your records that
our practice has created or maintained in the past, and
for any of your records that we may create or maintain
in the future. Our practice will post a copy of our
current Notice in our offices in a visible location at
all times, and you may request a copy of our most
current Notice at any time.
B.
IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:
Privacy Officer,
PrimeCare Medical Clinic, 205 E Race St, Searcy,
Arkansas, 72143, (501)279-9000
C. WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY
IDENTIFIABLE HEALTH INFORMATION (IIHI) IN THE FOLLOWING
WAYS:
The
following categories describe the different ways in
which we may use and disclose your IIHI.
1. Treatment.
Our practice may use your IIHI to treat you. For
example, we may ask you to have laboratory tests (such
as blood or urine tests), and we may use the results to
help us reach a diagnosis. We might use your IIHI in
order to write a prescription for you, or we might
disclose your IIHI to a pharmacy when we order a
prescription for you. Many of the people who work for
our practice- including, but not limited to, our doctors
and nurses- may use or disclose your IIHI in order to
treat you or to assist others in your treatment.
Additionally, we may disclose your IIHI to others who
may assist in your care, such as your spouse, children,
or parents. Finally, we may also disclose your IIHI to
other health care providers for purposes related to your
treatment.
2. Payment.
Our practice may use and disclose your IIHI in order to
bill and collect payment for the services and items you
may receive from us. For example, we may contact your
health insurer to certify that you are eligible for
benefits (and for what range of benefits), and we may
provide your insurer with details regarding your
treatment to determine if your insurer will cover, or
pay for, your treatment. We may also use and disclose
your IIHI to obtain payment from third parties that may
be responsible for such costs, such as family members.
Also, we may use your IIHI to bill you directly for
services and items. We may disclose your IIHI to other
health care providers and entities to assist in their
billing and collection efforts.
3. Health Care Operations.
Our practice may use and
disclose your IIHI to operate our business. As examples
of the ways in which we may use and disclose your
information for our operations, our practice may use
your IIHI to evaluate the quality of care you received
from us, or to conduct cost management and business
planning activities for our practice. We may disclose
your IIHI to other health care providers and entities to
assist in their health care operations.
OPTIONAL
4.
Appointment Reminders.
Our practice may use and
disclose your IIHI to contact you and remind you of an
appointment.
OPTIONAL
5.
Treatment Options. Our practice may use and disclose your IIHI to inform you of
potential treatment options or alternatives.
OPTIONAL
6.
Health-Related Benefits and Services.
Our practice may use and disclose your IIHI to inform
you of health-related benefits or services that may be
of interest to you.
OPTIONAL
7.
Release of Information to Family/Friends.
Our practice may release your IIHI to a friend or family
member that is involved in your care, or who assists in
taking care of you. For example, a parent or guardian
may ask that a babysitter take their child to the
pediatrician’s office for treatment of a cold. In this
example, the babysitter may have access to this child’s
medical information
8.
Disclosures Required By Law. Our
practice will use and disclose your IIHI when we are
required to do so by federal, state, or local law.
D. USE AND DISCLOSURE OF YOUR IIHI IN CERTAIN SPECIAL
CIRCUMSTANCES
The
following categories describe unique scenarios in which
we may use or disclose your IIHI.
1. Public Health Risks.
Our practice may disclose
your IIHI to public health authorities that are
authorized by law to collect information for the purpose
of:
·
Maintaining
vital records, such as births and deaths
·
Reporting
child abuse or neglect
·
Preventing
or controlling disease, injury, or disability
·
Notifying a
person regarding potential exposure to a communicable
disease
·
Notifying a
person regarding a potential risk for spreading or
contracting a disease or condition
·
Reporting
reactions to drugs or problems with products or devices
·
Notifying
individuals if a product or device they may be using has
been recalled
·
Notifying
appropriate government agency(ies) and authority(ies)
regarding the potential abuse or neglect of an adult
patient (including domestic violence); however, we will
only disclose this information if the patient agrees or
we are required or authorized by law to disclose this
information
·
Notifying
your employer under limited circumstances related to
primarily to workplace injury or illness or medical
surveillance
2. Health Oversight Activities. Our
practice may disclose your IIHI to a health oversight
agency for activities authorized by law. Oversight
activities can include, for example, investigations,
inspections, audits, surveys, licensure, and
disciplinary actions; civil, administrative, and
criminal procedures or actions; or other activities
necessary for the government to monitor government
programs, compliance with civil rights laws and the
health care system in general.
3. Lawsuits and Similar Proceedings.
Our practice may use and
disclose your IIHI in response to a court or
administrative order, if you are involved in a lawsuit
or similar proceeding. We also may disclose your IIHI
in response to a discovery request, subpoena, or other
lawful process by another party involved in the dispute,
but only if we have made an effort to inform you of the
request or to obtain an order protecting the information
the party has requested.
4. Law Enforcement.
We may release IIHI if asked to do so by a law enforcement official:
• Regarding a crime victim in certain situations, if we are unable to obtain the person’s agreement
• Concerning a death we believe has resulted from criminal conduct
• Regarding criminal conduct at our offices
• In response to a warrant, summons, court order, subpoena, or similar legal process
• To identify/locate a suspect, material witness, fugitive, or missing person
• In an emergency, to report a crime (including the location or victim(s) of the crime, or the description, identity or location of the perpetrator)
OPTIONAL
5. Deceased Patients.
Our practice may release IIHI to a medical examiner or coroner to identify a deceased individual or to identify the cause of death. If necessary, we may also release information in order for funeral directors to perform their jobs.
6. Organ and Tissue Donation.
Our practice may release your IIHI to organizations that handle organ, eye, or tissue procurement or transplantation, including organ donation banks, as necessary to facilitate organ or tissue donation or transplantation if you are an organ donor.
7. Research.
Our practice may use and disclose your IIHI for research purposes in certain limited circumstances. We will obtain your written authorization to use your IIHI for research purposes except when an IRB or Privacy Board has determined that the waiver of your authorization satisfies the following: (i) the use or disclosure involves no more than a minimal risk to the individual’s privacy based on the following: (A) an adequate plan to protect the identifiers from improper use and disclosure; (B) an adequate plan to destroy the identifiers at the earliest opportunity consistent with the research (unless there is health or research justification for retaining the identifiers or such retention is otherwise required by law); and (C) adequate written assurances that the PHI will not be reused or disclosed to any other person or entity (except as required by law) for authorized oversight of the research study, or for other research for which the use or disclosure would otherwise be permitted; (ii) the research could not practicably be conducted without the waiver; and (iii) the research could not practicably be conducted without access to use of the PHI.
8. Serious Threats to health or Safety.
Our practice may use and disclose your IIHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or the public. Under these circumstances, we will only make disclosures to a person or organization able to help prevent the threat.
9. Military. Our practice may disclose your IIHI if you are a member of U.S. or foreign military forces (including veterans) and if required by the appropriate authorities.
10. National Security.
Our practice may disclose your IIHI to federal officials for intelligence and national security activities authorized by law. We also may disclose your IIHI to federal officials in order to protect the President, other officials or foreign heads of state, or to conduct investigations.
11. Inmates. Our practice may disclose your IIHI to correctional institutions or law enforcement officials if you are an inmate or under the custody of a law enforcement official. Disclosure for these purposes would be necessary; (a) for the institution to provide health care services to you, (b) for the safety and security of the institution, and or (c) to protect your health and safety or the health and safety or other individuals.
12. Workers Compensation. Our practice may release your IIHI for workers’ compensation and similar programs.
E. YOUR RIGHTS REGARDING YOUR IIHI
You have the following rights regarding the IIHI that we maintain about your:
1. Confidential Communications. You have the right to request that our practice communicate with you about your health and related issues in a particular manner or at a certain location. For instance, you may ask that we contact you at home, rather than at work. In order to request a type of confidential communication, you must make a written request to
Privacy Officer, PrimeCare Medical Clinic, 205 E Race St, Searcy, AR 72143 specifying the requested method of contact, or the location where you wish to be contacted. Our practice will accommodate reasonable requests. You do not need to give a reason for your request.
2. Requesting Restrictions. You have the right to request a restriction in our use or disclosure of your IIHI for treatment, payment, or healthcare operations. Additionally, you have the right to request that we restrict our disclosure of you IIHI to only certain individuals involved in your care or the payment for your care, such as family members and friends. We are not required to agree to your request; however, if we do agree, we are bound by our agreement except when otherwise required by law, in emergencies, or when the information is necessary to treat you. In order to request a restriction in our use and disclosure of your IIHI, you must make your request in writing to Privacy Officer, PrimeCare Medical Clinic, 205 E Race St, Searcy, AR 72143, (501)279-9000. Your request must describe in a clear and concise fashion:
a) The information you wish restricted;
b) Whether you are requesting to limit our practice’s use, disclosure or both; and
c) To whom you want the limits to apply.
3. Inspection and Copies. You have the right to inspect and obtain a copy of the IIHI that may be used to make decisions about you, including patient medical records and billing records, but not including psychotherapy notes. You must submit your request in writing to Privacy Officer, PrimeCare Medical Clinic, 205 E Race St, Searcy, AR 72143, (501)279-9000 in order to inspect and/or obtain a copy of your IIHI. Our practice may charge a fee for the costs of copying, mailing, labor and supplies associated with your request. Our practice may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial. Another licensed health care professional chosen by us will conduct reviews.
4. Amendment. You may ask us to amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is kept by or for our practice. To request an amendment, your request must be made in writing to Privacy Officer, PrimeCare Medical Clinic, 205 E Race St, Searcy, AR 72143, (501)279-9000. You must provide us with a reason that supports your request for amendment. Our practice will deny your request if you fail to submit your request (and the reason supporting your request) in writing. Also, we may deny your request if you ask us to amend information that is in our opinion: (a) accurate and complete; (b) not part of the IIHI kept by or for the practice; (c) not part of the IIHI which your would be permitted to inspect and copy; or (d) not created by our practice, unless the individual or entity that created the information is not available to amend the information.
5. Accounting of Disclosures. All of our patients have the right to request an “accounting of disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures out practice has made of your IIHI for non-treatment or operations purposes. Use of your IIHI as part of the routine patient care in our practice is not required to be documented. For example, the doctor sharing information with the nurse; or billing department using your information to file your insurance claim. In order to obtain an accounting of disclosures, you must submit a request in writing to Privacy Officer, PrimeCare Medical Clinic, 205 E Race St, Searcy, AR 72143, (501)279-9000. All requests for an “accounting of disclosures” must state a time period, which may not be longer than six (6) years from the date of disclosure and may not include dates before April 14, 2003. The first list you request within a 12-month period is free of charge, but out practice may charge you for additional lists within the same 12-month period. Our practice will notify you of the costs involved with additional requests, and you may withdraw your request before you incur any costs.
6. Right to a Paper Copy of This Notice. You are entitled to receive a paper copy of our notice of privacy practices. You may ask us to give you a copy of this notice at any time. To obtain a paper copy of this notice, contact Privacy Officer, PrimeCare Medical Clinic, (501)279-9000.
7. Right to File a Complaint.
If your believe your privacy rights have been violated, you may file a complaint with our Privacy Officer, PrimeCare Medical Clinic, (501)279-9000. We urge you to file your complaint with us first and give us the opportunity to address your concerns. All Complaints must be submitted in writing. You will not be penalized for filing a complaint.
8. Right to Provide an Authorization for Other Uses and Disclosures. Our practice will obtain your written authorization for uses and disclosures that are not identified by this notice or permitted by applicable law. Any authorization you provide to us regarding the use and disclosure of your IIHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose of your IIHI for the reasons described in the authorization. Please note, we are required to retain records of your care.