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Notice of Privacy Practices
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 describes how we may use and disclose your
protected health information (PHI) to carry out treatment, payment or healthcare
operations (TPO) 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 may identify you and that relates to
your past, present, or future physical or mental health or condition and related
healthcare services.
Upon your request, we will provide you with any revised Notice of Privacy
Practices by accessing our website, coming to the office and requesting a
revised copy, or asking for one at the time of your next appointment.
Uses and Disclosures of Protected Health Information
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 healthcare services to
you, to pay your healthcare bills, to support the operation of the physician's
practice, and any other use required by law.
Treatment
We will use and disclose your protected health information to provide,
coordinate, or manage your healthcare and any related services. This
includes the coordination or management of your healthcare with a third
party. For example, we would disclose your protected health information,
as necessary, to a home health agency that provides care to 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 or treat you.
In addition, we may disclose your protected health information from time to
time to another physician or healthcare provider (e.g., a specialist or
laboratory) who, at the request of your physician, becomes involved in your care
by providing assistance with your healthcare diagnosis or treatment to your
physician.
Payment
Your protected health information will be used, as needed, to obtain payment
for your healthcare services. For example, obtaining approval for a
hospital procedure or stay may require that your relevant protected health
information be disclosed to the health plan to obtain approval for the hospital
procedure or 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. These
activities include, but are not limited to, quality assessment activities,
employee review activities, student training, licensing, and conducting or
arranging for other business activities. For example, we may use a sign-in
sheet at the registration desk where you will be asked to sign your name and
indicate your physician. 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 may use or disclose your protected health information in the following
situations without your authorization. These situations include:
- as Required By Law
- Public Health issues as required by law
- Communicable Diseases
- Health Oversight
- Food and Drug Administration requirements
- Abuse or Neglect
- Legal Proceedings
- Law Enforcement
- Coroners
- Funeral Directors
- Organ Donations
- Research
- Criminal Activity
- Military Activity
- National Security
- Workers' Compensation
- Inmates
- Required Uses and Disclosures
Under the law, we must make disclosures to you and when required by the
Secretary of the Department of Health and Human Services to investigate or
determine our compliance with the requirements of Florida Statutes Section
164.500.
We will share your protected health information with third party "business
associates" that perform various activities (e.g., billing, transcription
services) 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. We
may also use and disclose your protected health information for other marketing
activities. For example, your name and address may be used to send you a
newsletter about our practice and the services we offer. We may also send
you information about products or services that we believe may be beneficial to
you. You may contact our Compliance Officer to request that these
materials not be sent to you.
Others Involved in Your Healthcare: Unless you object,
we may disclose to a member of your family, a relative, a close friend or any
other person you identify, your protected health information that directly
relates to that person's involvement in your healthcare. If you are unable
to agree or object to such a disclosure, we may disclose such information as
necessary if we determine that it 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. Finally, we may use or disclose your protected health
information to an authorized public or private entity to assist in disaster
relief efforts and to coordinate uses and disclosures to family or other
individuals involved in your healthcare.
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 consent 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 consent but is unable to obtain your consent, he or she
may still use or disclose your protected health information to treat you.
Communication Barriers: We may use and disclose your
protected health information if your physician or another physician in the
practice attempts to obtain consent from you but is unable to do so due to
substantial communication barriers and the physician determines, using
professional judgment, that you intend to consent to use or disclose under the
circumstances.
Other Permitted and Required Uses and Disclosures will be
made only with your consent, authorization or opportunity to object unless
required by law.
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.
Your Rights
Following is a statement of your rights with respect to your protected health
information.
You have the right to inspect and receive a 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.
Under federal law, however, you may not inspect or copy the following
records: psychotherapy notes, information compiled in reasonable
anticipation of, or use in, a civil, criminal, or administrative action or
proceeding, and protected health information that is subject to law that
prohibits access to protected health information.
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 the
Notice of Privacy Practices. Your request must state the specific
restriction requested and to whom you want the restrictions to apply.
Your physician is not required to agree to a restriction that you may
request. If the physician believes it is in your best interest to permit
use and disclosure of your protected health information, your protected health
information will not be restricted. You then have the right to use another
healthcare professional.
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.
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
alternative, i.e., electronically.
You may have the right to have your physician amend your protected
health information. In certain cases, we may deny your request
for an amendment. If we deny your request for an 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 such rebuttal.
You have the right to receive an accounting of certain disclosures we
have made, if any, of your protected health information.
Complaints
You may complain to us or to the Secretary of Health and Human Services if
you believe your privacy rights have been violated by us. You may file a
complaint with us in writing by notifying our Compliance Officer of your
complaint. We will not retaliate against you for filing a
complaint.
Our HIPAA Compliance Officer is Sheryl A. Watts, Administrator. She may
be contacted at The Barranco Clinic's Winter Haven office for further
information about matters covered by this Notice. If you have any
objections to this form, please ask to speak with her in person or by phone at
our main office's phone number: (863) 299-1251.
The date on which this Notice of Privacy Practices first takes
effect is April 14, 2003.
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