| NOTICE
OF PRIVACY PRACTICES
For
Advanced Dermatology
(referred
to in this document as "the practice")
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 of Privacy Practices is being provided to you as
a requirement of the Health Insurance Portability and Accountability
Act (HIPAA). This Notice 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 in some cases. Your "protected health information"
means any of your written and oral health information, including
demographic data that can be used to identify you. This
is health information that is created or received by your
health care provider, and that relates to your past, present
or future physical or mental health or condition.
I.
Uses and Disclosures of Protected Health Information
The
practice may use your protected health information for purposes
of providing treatment, obtaining payment for treatment,
and conducting health care operations. Your protected health
information may be used or disclosed only for these purposes
unless the Practice has obtained your authorization or the
use or disclosure is otherwise permitted by the HIPAA Privacy
Regulations or State law. Disclosures of your protected
health information for the purposes described in this Notice
may be made in writing, orally, or by facsimile.
A.
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 for
treatment purposes. For example, we may disclose your protected
health information to a pharmacy to fulfill a prescription,
to a laboratory to order a blood test, or to a home health
agency that is providing care in your home. We may also
disclose protected health information to other physicians
who may be treating you or consulting with your physician
with respect to your care. In some cases, we may also disclose
your protected health information to an outside treatment
provider for purposes of the treatment activities of the
other provider.
B. Payment. Your protected health information will be
used, as needed, to obtain payment for the services that
we provide. This may include certain communications to your
health insurer to get approval for the treatment that we
recommend. For example, if a hospital admission is recommended,
we may need to disclose information to your health insurer
to get prior approval for the hospitalization. We may also
disclose protected health information to your insurance
company to determine whether you are eligible for benefits
or whether a particular service is covered under your health
plan. In order to get payment for your services, we may
also need to disclose your protected health information
to your insurance company to demonstrate the medical necessity
of the services or, as required by your insurance company,
for utilization review. We may also disclose patient information
to another provider involved in your care for the other
provider's payment activities.
C. Operations. We may use or disclose your protected
health information, as necessary, for our own health care
operations in order to facilitate the function of the practice
and to provide quality care to all patients. Health care
operations include such activities as:
· Quality assessment and improvement activities.
· Employee review activities.
· Training programs including those in which
students, trainees, or practitioners in health care learn
under supervision.
· Accreditation, certification, licensing
or credentialing activities.
· Review and auditing, including compliance
reviews, medical reviews, legal services and maintaining
compliance programs.
· Business management and general administrative
activities.
In certain
situations, we may also disclose patient information to
another provider or health plan for their health care operations.
D.
Other Uses and Disclosures. As part of treatment, payment
and healthcare operations, we may also use or disclose your
protected health information for the following purposes:
·
To remind you of an appointment.
· To inform you of potential treatment alternatives
or options.
· To inform you of health-related benefits
or services that may be of interest to you.
· To contact you to raise funds for the practice
or an institutional foundation related to the practice.
If you do not wish to be contacted regarding fundraising,
please contact our Privacy Officer.
II.
Uses and Disclosures Beyond Treatment, Payment, and Health
Care Operations Permitted Without Authorization or Opportunity
to Object
Federal
privacy rules allow us to use or disclose your protected
health information without your permission or authorization
for a number of reasons including the following:
A.
When Legally Required. We will disclose your protected
health information when we are required to do so by any
Federal, State or local law.
B.
When There Are Risks to Public Health. We may disclose
your protected health information for the following public
activities and purposes:
·
To prevent, control, or report disease, injury or disability
as permitted by law.
· To report vital events such as birth or
death as permitted or required by law.
· To conduct public health surveillance, investigations
and interventions as permitted or required by law.
· To collect or report adverse events and
product defects, track FDA regulated products, enable product
recalls, repairs or replacements to the FDA and to conduct
post marketing surveillance.
· To notify a person who has been exposed
to a communicable disease or who may be at risk of contracting
or spreading a disease as authorized by law.
· To report to an employer information about
an individual who is a member of the workforce as legally
permitted or required.
C.
To Report Abuse, Neglect Or Domestic Violence. We may
notify government authorities if we believe that a patient
is the victim of abuse, neglect or domestic violence. We
will make this disclosure only when specifically required
or authorized by law or when the patient agrees to the disclosure.
D.
To Conduct Health Oversight Activities. We may disclose
your protected health information to a health oversight
agency for activities including audits; civil, administrative,
or criminal investigations, proceedings, or actions; inspections;
licensure or disciplinary actions; or other activities necessary
for appropriate oversight as authorized by law. We will
not disclose your health information if you are the subject
of an investigation and your health information is not directly
related to your receipt of health care or public benefits.
E.
In Connection With Judicial And Administrative Proceedings.
We may disclose your protected health information in the
course of any judicial or administrative proceeding in response
to an order of a court or administrative tribunal as expressly
authorized by such order or in response to a signed authorization
(in a format approved by the Michigan Court Administrator).
F.
For Law Enforcement Purposes. We may disclose your protected
health information to a law enforcement official for law
enforcement purposes as follows:
·
As required by law for reporting of certain types of wounds
or other physical injuries.
· Pursuant to court order, court-ordered warrant,
subpoena, summons or similar process.
· For the purpose of identifying or locating
a suspect, fugitive, material witness or missing person.
· Under certain limited circumstances, when
you are the victim of a crime.
· To a law enforcement official if the practice
has a suspicion that your death was the result of criminal
conduct.
· In an emergency in order to report a crime.
G.
To Coroners, Funeral Directors, and for Organ Donation.
We may disclose protected 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
protected health information to a funeral director, as authorized
by law, in order to permit the funeral director to carry
out their duties. We may disclose such information in reasonable
anticipation of death. Protected health information may
be used and disclosed for cadaveric organ, eye or tissue
donation purposes.
H.
For Research Purposes. We may use or disclose your protected
health information for research when the use or disclosure
for research has been approved by an institutional review
board or privacy board that has reviewed the research proposal
and research protocols to address the privacy of your protected
health information.
I.
In the Event of A Serious Threat To Health Or Safety.
We may, consistent with applicable law and ethical standards
of conduct, use or disclose your protected health information
if we believe, in good faith, that such use or disclosure
is necessary to prevent or lessen a serious and imminent
threat to your health or safety or to the health and safety
of the public.
J.
For Specified Government Functions. In certain circumstances,
the Federal regulations authorize the practice to use or
disclose your protected health information to facilitate
specified government functions relating to military and
veterans activities, national security and intelligence
activities, protective services for the President and others,
medical suitability determinations, correctional institutions,
and law enforcement custodial situations.
K.
For Worker's Compensation. The practice may release
your health information to comply with worker's compensation
laws or similar programs.
III.
Uses and Disclosures Permitted Without Authorization But
With Opportunity to Object
We may
disclose your protected health information to your family
member or a close personal friend if it is directly relevant
to the person's involvement in your care or payment related
to your care. We can also disclose your information in connection
with trying to locate or notify family members or others
involved in your care concerning your location, condition
or death.
You
may object to these disclosures. If you do not object to
these disclosures or we can infer from the circumstances
that you do not object or we determine, in the exercise
of our professional judgment, that it is in your best interests
for us to make disclosure of information that is directly
relevant to the person's involvement with your care, we
may disclose your protected health information as described.
IV.
Uses and Disclosures Which You Authorize
Other
than as stated above, we will not disclose your health information
other than with your written authorization. You may revoke
your authorization in writing at any time except to the
extent that we have taken action in reliance upon the authorization.
V.
Your Rights
You
have the following rights regarding your health information:
A. The right to inspect and copy your protected health information.
You may inspect and obtain a copy of your protected health
information 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 uses 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 for use in, a
civil, criminal, or administrative action or proceeding;
and protected health information that is subject to a law
that prohibits access to protected health information. Depending
on the circumstances, you may have the right to have a decision
to deny access reviewed.
We may deny your request to inspect or copy your protected
health information if, in our professional judgment, we
determine that the access requested is likely to endanger
your life or safety or that of another person, or that it
is likely to cause substantial harm to another person referenced
within the information. You have the right to request a
review of this decision.
To inspect and copy your medical information, you must submit
a written request to the Privacy Officer whose contact information
is listed on the last pages of this Notice. If you request
a copy of your information, we may charge you a fee for
the costs of copying, mailing or other costs incurred by
us in complying with your request.
Please contact our Privacy Officer if you have questions
about access to your medical record.
B. The right to request a restriction on uses and disclosures
of your protected health information. You may ask us
not to use or disclose certain parts of your protected health
information for the purposes of treatment, payment or health
care operations. You may also request that we not disclose
your health information 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.
The practice is not required to agree to a restriction that
you may request. We will notify you if we deny your request
to a restriction. If the practice does agree to the requested
restriction, we may not use or disclose your protected health
information in violation of that restriction unless it is
needed to provide emergency treatment. Under certain circumstances,
we may terminate our agreement to a restriction. You may
request a restriction by contacting the Privacy Officer.
C. The right to request to receive confidential communications
from us by alternative means or at an alternative location.
You have the right to request that we communicate with you
in certain ways. We will accommodate reasonable requests.
We may 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 require you to provide an explanation for your request.
Requests must be made in writing to our Privacy Officer.
D. The right to have your physician amend your protected
health information. 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 with us and we may prepare a
rebuttal to your statement and will provide you with a copy
of any such rebuttal. Requests for amendment must be in
writing and must be directed to our Privacy Officer. In
this written request, you must also provide a reason to
support the requested amendments.
E. The right to receive an accounting. You have the
right to request an accounting of certain disclosures of
your protected health information made by the practice.
This right applies to disclosures for purposes other than
treatment, payment or health care operations as described
in this Notice of Privacy Practices. We are also not required
to account for disclosures that you requested, disclosures
that you agreed to by signing an authorization form, disclosures
for a facility directory, to friends or family members involved
in your care, or certain other disclosures we are permitted
to make without your authorization. The request for an accounting
must be made in writing to our Privacy Officer. The request
should specify the time period sought for the accounting.
We are not required to provide an accounting for disclosures
that take place prior to April 14, 2003. Accounting requests
may not be made for periods of time in excess of six years.
We will provide the first accounting you request during
any 12-month period without charge. Subsequent accounting
requests may be subject to a reasonable cost-based fee.
F. The right to obtain a paper copy of this notice.
Upon request, we will provide a separate paper copy of this
notice even if you have already received a copy of the notice
or have agreed to accept this notice electronically.
VI.
Our Duties
The practice is required by law to maintain the privacy
of your health information and to provide you with this
Notice of our duties and privacy practices. We are required
to abide by terms of this Notice as may be amended from
time to time. We reserve the right to change the terms of
this Notice and to make the new Notice provisions effective
for all protected health information that we maintain. If
the practice changes its Notice, we will provide a copy
of the revised Notice by sending a copy of the Revised Notice
via regular mail or through in-person contact.
VII.
Complaints
You have the right to express complaints to the practice
and to the Secretary of Health and Human Services if you
believe that your privacy rights have been violated. You
may complain to the practice by contacting the practice's
Privacy Officer verbally or in writing, using the contact
information below. We encourage you to express any concerns
you may have regarding the privacy of your information.
You will not be retaliated against in any way for filing
a complaint.
VIII.
Contact Person
The practice's contact person for all issues regarding
patient privacy and your rights under the Federal privacy
standards is the Privacy Officer. Information regarding
matters covered by this Notice can be requested by contacting
the Privacy Officer. Complaints against the practice, can
be mailed to the Privacy Officer by sending it to:
Advanced Dermatology
300 E. Maiden Lane
St. Joseph, MI 49085
ATTN: Privacy Officer
The
Privacy Officer can be contacted by telephone at 269-429-7546
IX. Effective Date
This Notice is effective April 14, 2003.
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