|
Sheila A. Bond
MD, FACS
Effective Date:
05-14-04
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.
We understand the
importance of privacy and are committed to maintaining the
confidentiality of your medical information. We make a record of
the medical care we provide and may receive such records from
others. We use these records to provide or enable other health
care providers to provide quality medical care, to obtain payment
for services provided to you as allowed by your health plan and to
enable us to meet our professional and legal obligations to
operate this medical practice properly. We are required by law to
maintain the privacy of protected health information and to
provide individuals with notice of our legal duties and privacy
practices with respect to protected health information. This
notice describes how we may use and disclose your medical
information. It also describes your rights and our legal
obligations with respect to your medical information. If you have
any questions about this Notice, please contact our Privacy
Officer listed above.
A. How this
Medical Practice May Use Or Disclose Your Health Information
This medical practice
collects health information about you and stores it in a chart and
on a computer. This is your medical record. The medial record is
the property of this medical practice, but the information in the
medical record belongs to you. The law permits us to use or
disclose your health information for the following purposes:
-
Treatment.
We use medical information about you to provide your medical care.
We disclose medical information to our employees and others who
are involved in providing the care you need. For example, we may
share your medical information with other physicians or other
health care providers who will provide services, which we do not
provide. Or we may share this information with a pharmacist who
needs it to dispense a prescription to you, or a laboratory that
performs a test. We may also disclose medical information to
members of your family or others who can help you when you are
sick or injured.
-
Payment. We
use and disclose medical information about you to obtain
payment for the services we provide. For example, we give your
health plan the information it requires before it will pay us. We
may also disclose information to other health care providers to
assist them in obtaining payment for services they have provided
to you.
-
Health Care
Operations. We may use and disclose medical information about
you
to operate this medical practice. For example, we may use and
disclose this information to review and improve the quality of
care we provide, or the competence and qualifications of our
professional staff. Or we may use and disclose this information to
get your health plan to authorize services or referrals. We may
also use and disclose this information as necessary for medical
reviews, legal services and audits, including fraud and abuse
detection and compliance programs and business planning and
management. We may also share your medical information with our
"business associates", such as our billing service, that
perform administrative services for us. We have a written contract
with each of these business associates that contains terms
requiring them to protect the confidentiality of your medical
information. Although federal law does not protect health
information which is disclosed to someone other than another
healthcare provider, health plan or healthcare clearinghouse,
under California law all recipients of health care information are
prohibited from re-disclosing it except as specifically required
or permitted by law. We may also share your information with other
health care providers, health care clearinghouses or health plans
that have a relationship with you, when they request this
information to help them with their quality assessment and
improvement activities, their efforts to improve health or reduce
health care costs, their review of competence, qualifications and
performance of health care professionals, their training programs,
their accreditation, certification or licensing activities, or
their health care fraud and abuse detection and compliance
efforts.
-
Appointment
Reminders. We may use and disclose medical information to
contact and remind you about appointments. If you are not home, we
may leave this information on your answering machine or in a
message left with the person answering the phone.
-
Sign In Sheet.
We may use and disclose medical information about you by
having you sign in when you arrive at our office. We may also call
out your name when we are ready to see you.
-
Notification
and Communication with Family. We may disclose your health
information to notify or assist in notifying a family member, your
personal representative or another person responsible for your
care about your location, your general condition or in the event
of your death. In the event of a disaster, we my disclose
information to a relief organization so that they may coordinate
these notification efforts. We may also disclose information to
someone who is involved with your care or helps pay for your care.
If you are able and available to agree or object, we will give you
the opportunity to object prior to making these disclosures,
although we may disclose this information in a disaster even over
your objection if we believe it is necessary to respond to the
emergency circumstances. If you are unable or unavailable to agree
or object, our health professionals will us their best judgment in
communication with your family and others.
-
Marketing.
We may contact you to give you information about products or
services related to your treatment, case management or care
coordination, or to direct or recommend other treatments or
health-related benefits and services that may be of interest to
you, or to provide you with small gifts. We may also encourage you
to purchase a product or service when we see you. We will not
otherwise use or disclose your medical information for marketing
purposes without your written authorization.
-
Required By Law.
As required by law, we will use and disclose your health
information, but we will limit our use or disclosure to the
relevant requirements of the law. When the law requires us to
report abuse, neglect or domestic violence, or respond to judicial
or administrative proceedings, or to law enforcement officials, we
will further comply with the requirement set forth below
concerning those activities.
-
Public Health.
We may, and are sometimes required by law to disclose your
health information to public authorities for purposes related to:
preventing or controlling disease, injury or disability; reporting
child, elder or dependent adult abuse or neglect; reporting
domestic violence; reporting to the Food and Drug Administration
problems with products and reactions to medications; and reporting
disease or infection exposure. When we report suspected elder or
dependent adult abuse or domestic violence, we will inform you or
your personal representative promptly unless in our best
professional judgment, we believe the notification would place you
at risk of serious harm or would require informing a personal
representative we believe is responsible for the abuse or harm.
-
Health
Oversight Activities. We may, and are sometimes required by
law to
disclose your health information to health oversight agencies
during the course of audits, investigations, inspections,
licensure and other proceedings, subject to the limitations
imposed by federal and California law.
-
Judicial and
Administrative Proceedings. We may, and are sometimes required
by law to disclose your health information in the course of any
administrative or judicial proceeding to the extent expressly
authorized by a court or administrative order. We may also
disclose information about you in response to a subpoena,
discovery request or other lawful process if reasonable efforts
have been made to notify you of the request and you have not
objected, or if your objections have been resolved by a court or
administrative order.
-
Law
Enforcement. We may, and are sometimes required by law, to
disclose your
health information to a law enforcement official for purposes such
as identifying or locating a suspect, fugitive, material witness
or missing person, complying with a court order, warrant, grand
jury subpoena and other law enforcement purposes.
-
Coroners.
We may, and are often required by law, to disclose your health
information to coroners in connection with their investigations of
deaths.
-
Organ or
Tissue Donation. We may disclose your health information to
organizations involved in procuring, banking or transplanting
organs and tissues.
-
Public Safety.
We may, and are sometimes required by law, to disclose your health
information to appropriate persons in order to prevent or lessen a
serious and imminent threat to the health or safety of a
particular person or the general public.
-
Specialized
Government Functions. We may disclose your health information
for military or national security purposes or to correctional
institutions or law enforcement officers that have you in their
lawful custody.
-
Worker's
Compensation. We may disclose your health information as
necessary to comply with worker's compensation laws. For example,
to the extent your care is covered by workers' compensation, we
will make periodic reports to your employer about your condition.
We are also required by law to report cases of occupational injury
or occupational illness to the employer or workers' compensation
insurer.
-
Change of
Ownership. In the event that this medical practice is sold or
merged with another organization, your health information/record
will become the property of the new owner, although you will
maintain the right to request that copies of your health
information be transferred t another physician or medical group.
B. When This
Medical Practice May Not Use or Disclose Your Health Information.
Except as described
in this Notice of Privacy Practices, this medical practice will
not use or disclose health information which identifies you
without your written authorization. If you do authorize this
medical practice to use or disclose your health information for
another purpose, you may revoke your authorization in writing at
any time.
C. Your Health
Information Rights
-
Right to
Request Special Privacy Protections. You have the right to
request
restrictions on certain uses and disclosures of your health
information, by a written request specifying what information you
want to limit and what limitations on our use or disclosure of
that information you wish to have imposed. We reserve the right to
accept or reject your request, and will notify you of our
decision.
-
Right to
Request Confidential Communications. You have the right to
request
that you receive your health information either mailed to a
specific location or you or someone you have authorized in writing
may pick up the information in person.
-
Right to
Inspect and Copy. You have the right to inspect and copy your
health
information, with limited exceptions. To access your medical
information, you must submit a written request detailing what
information you want access to and whether you want to inspect it
or get a copy of it. We will charge a reasonable fee, as allowed
by California and federal law. We may deny your request under
limited circumstances. If we deny your request to access your
child's records or the records of an incapacitated adult you are
representing because we believe allowing access would be
reasonably likely to cause substantial harm to the patient, you
will have a right to appeal our decision. If we deny your request
to access your psychotherapy notes, you will have the right to
have them transferred to another mental health professional.
-
Right to Amend
or Supplement. You have a right to request that we amend your
health information that you believe is incorrect or incomplete.
You must make a request to amend in writing and include the
reasons you believe the information is inaccurate or incomplete.
We are not required to change your health information, and will
provide you with information about this medical practice's denial
and how you can disagree with the denial. We may deny your request
if we do not have the information, if we did not create the
information (unless the person or entity that created the
information is no longer available to make the amendment), if you
would not be permitted to inspect or copy the information at
issue, or if the information is accurate and complete as is. You
also have the right to request that we add to your record a
statement of up to 250 words concerning any statement or item you
believe to be incomplete or incorrect.
-
Right to an
Accounting of Disclosures. You have a right to receive an
accounting
of disclosures of your health information made by this medical
practice, except that this medical practice does not have to
account for the disclosures provide to you or pursuant to your
written authorization, or as described in paragraphs 1(treatment),
2 (payment), 3 (health care operations), 6 (notification and
communication with family) and 16 (specialized government
functions) of Section A of this Notice of Privacy Practices or
disclosures for purposes of research or public health which
exclude direct patient identifiers, or which are incident to a use
or disclosure otherwise permitted or authorized by law, or the
disclosures to a health oversight agency or law enforcement
official to the extent this medical practice has received notice
from that agency or official that providing this accounting would
be reasonably likely to impede their activities.
-
You have a right
to a paper copy of this Notice of Privacy Practices, even if you
have previously requested its receipt.
If you would like to
have a more detailed explanation of these rights or if you would
like to exercise one or more of these rights, contact our Privacy
Officer listed at the top of this Notice of Privacy Practices.
D. Changes to this
Notice of Privacy Practices
We reserve the right
to amend this Notice of Privacy Practices at any time in the
future. Until such amendment is made, we are required by law to
comply with this Notice. After an amendment is made, the revised
Notice of Privacy Protections will apply to all protected health
information that we maintain, regardless of when it was created or
received. We will keep a copy of the current notice posted in our
reception area, and will offer you a copy. We will also post the
current notice on our website.
E. Complaints
If you believe your
privacy rights have been violated, you may file a complaint with
our office or with the Secretary of the Department of Health and
Human Services. To file a complaint with our office, contact
Annette Dalton at (973) 509-0007. You will not be penalized for
filing a complaint.
|