Notice of Privacy Practices for Protected Health Information

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.

 

If you have any questions about this notice, please contact our Privacy Contact Shahrad Mabourakh, M.D.  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.  “Protected health information” is information about you, including demographic information, that my identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

 

We are required to abide by the terms of this Notice of Privacy Practices.  We may change the terms of our notice at any time.  The new notice will be effective for all protected health information that we maintain both before and after the change. Upon your request, we will provide you with any revised Notice of Privacy Practices by calling the office and requesting that a revised copy be sent o you in the mail or asking for one at the time of your next appointment.

 

Uses and Disclosures of Protected Health Information

 

You will be asked by your physician to sign this Notice of Privacy Practices.  We will make a good faith effort to obtain a written acknowledgement that you received this Notice Of Privacy Practices for Protected Health Information the first time we provide services to you after April 14, 2003 or as soon as reasonably practicable under the circumstances.  Your protected health information may be used and disclosed by your physician, our office staff and others outside of our office that 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 obtain payment for your health care bills and to support the operation of the physicians practice.

 

Following are examples of the types of used and disclosures of your protected health care information that the physician’s office is permitted to make.  These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by our office.

 

Treatment.  We will use and disclose your protected health information to provide, coordinate or manage your health care and any related services.  This includes the coordination or management of your health care with a third party that may need access to your protected health information, as necessary, to a home health agency that provides care to you.  We will also disclose protected health information to other physicians who may be treating you.  For example, your protected 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 and treat you.

 

In addition, we may disclose your protected health information from time-to-time to another physician or health care provider (e.g., a specialist or laboratory) who, at the request of your physician, becomes involved in your care by providing assistance with your health care diagnosis or treatment to your physician.

 

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 practices.  For example, obtaining approval for a hospital stay may require that your relevant protected health information be disclosed to the health plan to obtain approval for the hospital admission.

 

Healthcare Operations.  We may use or disclose, as needed, your protected health information in order to support the business activities of your physician’s practice.

 

For example, 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 physician is ready to see you.  We may use or disclose your protected health information, as necessary, to contact you to remind you of your appointment.

 

We will share your protected health information with third party “bu8siness associates” that perform various activities (e.g. billing) for the practice.  Whenever an arrangement between our office and a 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.

 

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.  For example, your name and address may be used to send you a newsletter about our practice and the services we offer.

 

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 this authorization, at any time, in writing, except to the extent that your physician or the physician’s practice has taken an action in reliance on the use or disclosure indicated in the authorization.

 

Other Permitted and Required Uses and Disclosures that may be made with Your Authorization or 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 party 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 physician may, using 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 an individual, whom you have identified to receive information, your protected health information that directly relates to that person’ 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 is in your best interest based on our professional judgment.  We may use or disclose 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, general condition or death.

 

Emergencies.

We may use or disclose your protected health information in an emergency treatment situation.  If this happens, your physician shall try to obtain your acknowledgement of our Privacy Practices as soon as reasonably practicable after the delivery of treatment.  If your physician or another physician in the practice is required by law to treat you and the physician has attempted to obtain your acknowledgement, but is unable, he or she may still use or disclose your protected health information for treatment, payment, and health care operations.

 

Other Permitted and Required Uses and Disclosures that may be made without Your Consent, Authorization or Opportunity to Object.

We may use or disclose your protected health information in the following situations without your acknowledgement or authorization.  These situations include:

• Required by Law

• Public Health

• Communicable Diseases

• Health Oversight

• Abuse or Neglect

• Food and Drug Administration

• Legal Proceedings

• Law Enforcement

• Coroners, Funeral Directors and Organ Donation

• Research

• Criminal Activity

• Military Activity and National Security

• Workers Compensation

• Inmates

• Required Uses and Disclosures

Your Rights

 

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 protected health information about you that is contained in a designated record set for as long as we maintain the protected health information.  A “designated record set” contains medical and billing records and any other records that your physician and the practice use for making decisions about you.

 

Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or us in, a civil, criminal, or administration action or proceeding; and protected health information that is subject to law that prohibits access to protected health information.  Depending on the circumstances, a decision to deny access may be review able.  In some circumstances, you may have a right to have this decision reviewed.  Please contact the Privacy Contact if you have questions about access to your medical record.

 

You have the 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 physician is not required to agree to a restriction that you may request.  If a physician believes it is in your best interest to permit use and disclosure of your protected health information, you protected health information will be not be restricted.  If your physician does agree to the requested restriction, we may not sue or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment.  You may request a restriction by submitting a written request to our Privacy Contact.

 

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 physician amend your protected health information.  This means that you may request an amendment of protected health information about you in a designated record set for as long as we maintain this information.  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 wit us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.  Please contact our Privacy Contact 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 applies to disclosures for purposes other than treatment, payment or healthcare operations and valid authorizations or incidental disclosures as described in this Notice of Privacy Practices.  It 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.  Your may request a shorter timeframe.  This right to receive this information is subject to certain exceptions, restrictions and limitation.

 

You have the right to obtain a paper copy of this notice from us, upon request, even if you have agreed to accept this notice electronically.

 

Complaints.

 

You may complain to the Secretary of Health and Human Services or us 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 for filing a complaint.

 

You may contact our Privacy Contact, Shahrad Mabourakh, M.D, at 954-720-1414 for further information about the complaint process.

This notice was published and becomes effective April 14, 2003.