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NOTICE OF
PRIVACY PRACTICES
Date of Last Revision: April 1, 2003
Effective Date: April 14, 2003
This
information is made available on request by a patient
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.
THIS
NOTICE APPLIES TO ALL OF THE RECORDS OF YOUR CARE GENERATED
BY THE PRACTICE, WHETHER MADE BY THE PRACTICE OR AN ASSOCIATED
FACILITY.
This notice describes our Practice’s
policies, which extend to:
Any health care professional authorized to enter
information into your chart (including physicians, PAs, RNs,
technicians, and transcriptionist, etc.);
All areas of the Practice (front desk, administration,
billing and collection, etc.)
All employees, staff and other personnel that
work for or with our Practice;
Our business associates (including a billing service,
or facilities to which we refer patients), on-call physicians,
and so on.
The Practice provides this Notice
to comply with the Privacy Regulations issued by the Department
of Health and Human Services in accordance with the Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
OUR THOUGHTS ABOUT YOUR PROTECTED
HEALTH INFORMATION:
We understand that your medical
information is personal to you, and we are committed to protecting
the information about you. As our patient, we create paper
and electronic medical records about your health, our care for
you, and the services and/or items we provide to you as our
patient. We need this record to provide for your care
and to comply with certain legal requirements.
We are required by law to:
·
make sure that the protected health information
about you is kept private;
·
provide you with a Notice of our Privacy Practices
and your legal rights with respect to protected health information
about you; and
·
follow the conditions of the Notice that is currently
in effect.
HOW WE MAY USE AND DISCLOSE
MEDICAL INFORMATION ABOUT YOU.
The following categories describe
different ways that we use and disclose protected health information
that we have and share with others. Each category of uses or
disclosures provides a general explanation and provides some
examples of uses. Not every use or disclosure in a category
is either listed or actually in place. The explanation
is provided for your general information only.
·
Medical Treatment. We use previously
given medical information about you to provide you with current
or prospective medical treatment or services. Therefore
we may, and most likely will, disclose medical information about
you to doctors, nurses, technicians, medical students, pharmacists,
contact lens vendors, optical shops or hospital personnel who
are involved in taking care of you. Different areas of
the Practice also may share medical information about you including
your record(s), prescriptions (including glasses and contact
lenses), requests of lab work and x-rays. We may also discuss
your medical information with you to recommend possible treatment
options or alternatives that may be of interest to you.
We also may disclose medical information about you to people
outside the Practice who may be involved in your medical care
after you leave the Practice; this may include your family members,
or other personal representatives in your circle of care authorized
by you or by a legal mandate (a guardian or other person who
has been named to handle your medical decisions, should you
become incompetent. In some cases we may assume that those within
your “circle of care” may call and request information regarding
your care or make appointments for you. For example,
a doctor to whom we refer you for ongoing or further care may
need your medical record. Or, a family member, friend
or caretaker calls to schedule an appointment, determine when
you were last seen, or get information as to what medications
should be administered and when
·
Payment. We may use and disclose medical
information about you for services and procedures so they may
be billed and collected from you, an insurance company, or any
other third party. We may also tell your health plan and/or
referring physician about a treatment you are going to receive
to obtain prior approval or to determine whether your plan will
cover the treatment, to facilitate payment of a referring physician,
or the like. For example, we may need to give your
health care information, about treatment you received at the
Practice, to obtain payment or reimbursement for the care.
·
Health Care Operations. We may use
and disclose medical information about you so that we can run
our Practice more efficiently and make sure that all of our
patients receive quality care. These uses may include reviewing
our treatment and services to evaluate the performance of our
staff, deciding what additional services to offer and where,
deciding what services are not needed, and whether certain new
treatments are effective. We may also disclose information to
doctors, nurses, technicians, medical students, and other personnel
for review and learning purposes. We may also combine the medical
information we have with medical information from other Practices
to compare how we are doing and see where we can make improvements
in the care and services we offer. We may remove information
that identifies you from this set of medical information so
others may use it to study health care and health care delivery
without learning who the specific patients are.
We
may also use or disclose information about you for internal
or external utilization review and/or quality assurance, to
business associates for purposes of helping us to comply with
our legal requirements, to auditors to verify our records, to
billing companies to aid us in this process and the like.
We shall endeavor, at all times when business associates are
used, to advise them of their continued obligation to maintain
the privacy of your medical records.
·
Appointment and Patient Recall Reminders.
We may ask that you sign in writing at the Receptionists' Desk,
a "Sign In" log on the day of your appointment with
the Practice. We may use and disclose medical information
to contact you as a reminder that you have an appointment for
medical care with the Practice or that you are due to receive
periodic care from the Practice. This contact may be by
phone, in writing, or automated telephone system and/or
e-mail and may involve your name, address and phone number;
the name of your scheduled treating physician; and the time
and place of your scheduled appointment(s) for the limited purpose
of contacting you to notify you of a pending appointment or
other healthcare related communication. This may involve
the leaving of limited protected health information regarding
pending appointments or a reminder message as an e-mail, a message
on an answering machine(s), which could (potentially) be received
or intercepted by others or to a third party individual who
answers your phone.
·
Emergency Situations. In addition,
we may disclose medical information about you to an organization
assisting in a disaster relief effort or in an emergency situation
so that your family can be notified about your condition, status
and location.
·
Research. Under certain circumstances,
we may use and disclose medical information about you for research
purposes regarding medications, efficiency of treatment protocols
and the like. All research projects are subject to an approval
process, which evaluates a proposed research project and its
use of medical information. Before we use or disclose
medical information for research, the project will have been
approved through this research approval process. We will
obtain an Authorization from you before using or disclosing
your individually identifiable health information unless the
authorization requirement has been waived. If possible, we will
make the information non-identifiable to a specific patient.
If the information has been sufficiently de-identified, an authorization
for the use or disclosure is not required.
·
Required By Law. We will 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.
We may use and disclose medical information about you when necessary
to prevent a serious threat either to your specific health and
safety or the health and safety of the public or another person.
Any disclosure, however, would only be to someone able to help
prevent the threat.
·
Organ and Tissue Donation. If you are an
organ donor, we may release medical information to organizations
that handle organ procurement or organ, eye or tissue transplantation
or to an organ donation bank, as necessary to facilitate organ
or tissue donation and transplantation.
·
Workers' Compensation. We may release
medical information about you for workers' compensation or similar
programs. These programs provide benefits for work-related injuries
or illness.
·
Public Health Risks. Law or public policy
may require us to disclose medical information about you for
public health activities. These activities generally include
the following:
·
to prevent or control disease, injury or disability;
·
to report births and deaths;
·
to report child abuse or neglect;
·
to report reactions to medications or problems
with products;
·
to notify people of recalls of 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 a disease
or condition;
·
to notify the appropriate government authority
if we believe a patient has been the victim of abuse, neglect
or domestic violence. We will only make this disclosure if you
agree or when required or authorized by law.
·
Investigation and Government Activities. We may disclose medical information to a local, state or federal
agency for activities authorized by law. These oversight activities
include, for example, audits, investigations,
inspections, and licensure. These activities are necessary for
the payor, the government and other regulatory agencies to monitor
the health care system, government programs, and compliance
with civil rights laws.
·
Lawsuits and Disputes. If you are involved
in a lawsuit or a dispute, we may disclose medical information
about you in response to a court or administrative order.
This is particularly true if you make your health an issue.
We may also disclose medical information about you in response
to a subpoena, discovery request, or other lawful process by
someone else involved in the dispute. We shall attempt
in these cases to tell you about the request so that you may
obtain an order protecting the information requested if you
so desire. We may also use such information to defend
ourselves or any member of our Practice in any actual or threatened
action.
·
Law Enforcement. We may release medical
information if asked to do so by a law enforcement official:
·
In response to a court order, subpoena, warrant,
summons or similar process;
·
To identify or locate a suspect, fugitive, material
witness, or missing person;
·
About the victim of a crime if, under certain
limited circumstances, we are unable to obtain the person's
agreement;
·
About a death we believe may be the result of
criminal conduct;
·
About criminal conduct at the Practice; and
·
In emergency circumstances to report a crime;
the location of the crime or victims; or the identity, description
or location of the person who committed the crime.
·
Coroners, Medical Examiners and Funeral Directors.
We may release medical information to a coroner or medical examiner.
This may be necessary, for example, to identify a deceased
person or determine the cause of death. We may also release
medical information about patients of the Practice to funeral
directors as necessary to carry out their duties.
·
Inmates. If you are an inmate of a correctional
institution or under the custody of a law enforcement official,
we may release medical information about you to the correctional
institution or law enforcement official. This release would
be necessary (1) for the institution to provide you with health
care; (2) to protect your health and safety or the health and
safety of others; or (3) for the safety and security of the
correctional institution.
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 may
receive from you in the future. We will post a copy of the current
notice in the Practice. The notice will contain on the first
page, in the top right-hand corner, the date of last revision
and effective date. In addition, each time you visit the
Practice for treatment or health care services you may request
a copy of the current notice in effect.
COMPLAINTS
If you believe your privacy
rights have been violated, you may file a complaint with the
Practice or with the Secretary of the Department of Health and
Human Services. To file a complaint with the Practice, contact
our practice manager, who will direct you on how to file an
office complaint. All complaints must be submitted in
writing, and all complaints shall be investigated, without repercussion
to you.
Sharon Anderson, the Practice
Manager can be reached at this number 515-244-3937.
You will not be penalized
for filing a complaint.
OTHER USES OF MEDICAL INFORMATION.
Other uses and disclosures of
medical information not covered by this notice or the laws that
apply to us will be made only with your written permission,
unless those uses can be reasonably inferred from the intended
uses above. If you have provided us with your 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 your written authorization.
You understand that we are unable to take back any disclosures
we have already made with your permission, and that we are required
to retain our records of the care that we provided to you.
PATIENT
RIGHTS
THIS
SECTION DESCRIBES YOUR RIGHTS AND THE OBLIGATIONS OF THIS PRACTICE
REGARDING THE USE AND DISCLOSURE OF YOUR MEDICAL INFORMATION.
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 may be used
to make decisions about your care. This includes your own medical
and billing records, but does not include psychotherapy notes.
Upon proof of an appropriate legal relationship, records of
others related to you or under your care (guardian or custodial)
may also be disclosed.
To
inspect and copy your medical record, you must submit your request
in writing to our Compliance Officer. Ask the front desk
person for the name of the Compliance Officer. If you
request a copy of the information, we may charge a fee for the
costs of copying, mailing or other supplies (tapes, disks, etc.)
associated with your request.
We
may deny your request to inspect and copy in certain very limited
circumstances. If you are denied access to medical information,
you may request that our Compliance Committee review the denial.
Another licensed health care professional chosen by the Practice
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 and recommendations from that review.
·
Right to Amend. If you feel that the medical
information we have about you in your record is incorrect or
incomplete, then you may ask us to amend the information, following
the procedure below. You have the right to request an
amendment for as long as the Practice maintains your medical
record.
To request an amendment,
your request must be submitted in writing, along with your intended
amendment and a reason that supports your request to amend.
The amendment must be dated and signed by you and notarized.
We may deny your request
for an amendment if it is not in writing or does not include
a reason to support the request. In addition, we may deny your
request if you ask us to amend information that:
·
Was not created by us, unless the person or entity
that created the information is no longer available to make
the amendment;
·
Is not part of the medical information kept by
or for the Practice;
·
Is not part of the information which you would
be permitted to inspect and copy; or
·
Is inaccurate and incomplete.
·
Right to an Accounting of Disclosures.
You have the right to request an "accounting of disclosures."
This is a list of the disclosures we made of medical information
about you, to others.
To request this list, you
must submit your request in writing. Your request must state
a time period not longer than six (6) years back and may not
include dates before April 14, 2003 (or the actual implementation
date of the HIPAA Privacy Regulations). Your request should
indicate in what form you want the list (for example, on paper,
electronically). We will notify you of the cost involved and
you may choose 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 the medical
information we use or disclose about you for treatment, payment
or health care operations. You also have the right to request
a limit on the medical information we disclose about you to
someone who is involved in your care or the payment for your
care (a family member or friend). For example, you could
ask that we not use or disclose information about a particular
treatment you received.
We
are not required to agree to your request and we may not be
able to comply with your request. If we do agree,
we will comply with your request except that we shall not comply,
even with a written request, if the information is excepted
from the consent requirement or we are otherwise required to
disclose the information by law.
To
request restrictions, you must make your request in writing.
In your request, you indicate:
·
what information you want to limit;
·
whether you want to limit our use, disclosure
or both; and
·
to whom you want the limits to apply, (e.g., disclosures
to your children, parents, spouse, etc.
·
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, that we not leave voice mail or e-mail, or the like.
To request confidential communications,
you must make your request in writing. 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
us to contact you.
·
Right to a Paper Copy of This Notice. You
have the right to a paper copy of this notice. You may ask us
to give you a 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.
Associated
Ophthalmologists, P.C.
1212 Pleasant Street Suite
202
Des Moines, Iowa 50309
E-mail:
eyes@dmeyemd.com
Telephone: (515)
244-EYES (3937)
Fax: (515) 243-1442
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