| Please
Review this Notice Carefully.
This Practice is committed to maintaining the privacy of your
protected health information ("PHI"), which includes
information about your health condition and the care and treatment
you receive from the Practice. The creation of a record detailing
the care and services you receive helps this office to provide
you with quality health care. This Notice details how your PHI
may be used and disclosed to third parties. This Notice also details
your rights regarding your PHI. The privacy of PHI in patient
files will be protected when the files are taken to and from the
Practice by placing the files in a box or brief case and kept
within the custody of a doctor or employee of the Practice authorized
to remove the files from the Practice’s office. It may be
necessary to take patient files to a facility where a patient
is confined or to a patient’s home where the patient is
to be examined or treated.
NO CONSENT REQUIRED
The Practice may use and/or disclose your PHI
for the purposes of:
• (a) Treatment - In order to provide
you with the health care you require, the Practice will provide
your PHI to those health care professionals, whether on the Practice's
staff or not, directly involved in your care so that they may
understand your health condition and needs. For example, a physician
treating you for a condition or disease may need to know the results
of your latest physician examination by this office.
• (b) Payment - In order to get paid
for services provided to you, the Practice will provide your PHI,
directly or through a billing service, to appropriate third party
payors, pursuant to their billing and payment requirements. For
example, the Practice may need to provide the Medicare program
with information about health care services that you received
from the Practice so that the Practice can be properly reimbursed.
The Practice may also need to tell your insurance plan about treatment
you are going to receive so that it can determine whether or not
it will cover the treatment expense.
• (c) Health Care Operations - In order
for the Practice to operate in accordance with applicable law
and insurance requirements and in order for the Practice to continue
to provide quality and efficient care, it may be necessary for
the Practice to compile, use and/or disclose your PHI. For example,
the Practice may use your PHI in order to evaluate the performance
of the Practice's personnel in providing care to you.
1. The Practice may use and/or disclose your
PHI, without a written Consent from you, in the following additional
instances:
• (a) De-identified Information - Information
that does not identify you and, even without your name, cannot
be used to identify you.
• (b) Business Associate - To a business
associate if the Practice obtains satisfactory written assurance,
in accordance with applicable law, that the business associate
will appropriately safeguard your PHI. A business associate is
an entity that assists the Practice in undertaking some essential
function, such as a billing company that assists the office in
submitting claims for payment to insurance companies or other
payers.
• (c) Personal Representative -To a person
who, under applicable law, has the authority to represent you
in making decisions related to your health care
• (d) Emergency Situations -
- (i) for the purpose of obtaining or rendering
emergency treatment to you provided that the Practice attempts
to obtain your Consent as soon as possible; or
- (ii) to a public or private entity authorized
by law or by its charter to assist in disaster relief efforts,
for the purpose of coordinating your care with such entities
in an emergency situation.
• (e) Communication Barriers - If, due
to substantial communication barriers or inability to communicate,
the Practice has been unable to obtain your Consent and the Practice
determines, in the exercise of its professional judgment, that
your Consent to receive treatment is clearly inferred from the
circumstances.
• (f) Public Health Activities - Such
activities include, for example, information collected by a public
health authority, as authorized by law, to prevent or control
disease and that does not identify you and, even without your
name, cannot be used to identify you.
• (g) Abuse, Neglect or Domestic Violence
- To a government authority if the Practice is required by law
to make such disclosure; if the Practice is authorized by law
to make such a disclosure, it will do so if it believes that the
disclosure is necessary to prevent serious harm
• (h) Health Oversight Activities - Such
activities, which must be required by law, involve government
agencies and may include, for example, criminal investigations,
disciplinary actions, or general oversight activities relating
to the community's health care system.
• (i) Judicial and Administrative Proceeding
- For example, the Practice may be required to disclose your PHI
in response to a court order or a lawfully issued subpoena.
• (j) Law Enforcement Purposes - In certain
instances, your PHI may have to be disclosed to a law enforcement
official. For example, your PHI may be the subject of a grand
jury subpoena. Or, the Practice may disclose your PHI if the Practice
believes that your death was the result of criminal conduct.
• (k) Coroner or Medical Examiner - The
Practice may disclose your PHI to a coroner or medical examiner
for the purpose of identifying you or determining your cause of
death.
• (l) Organ, Eye or Tissue Donation -
If you are an organ donor, the Practice may disclose your PHI
to the entity to whom you have agreed to donate your organs.
• (m) Research - If the Practice is involved
in research activities, your PHI may be used, but such use is
subject to numerous governmental requirements intended to protect
the privacy of your PHI and that does not identify you and, even
without your name, cannot be used to identify you.
• (n) Avert a Threat to Health or Safety
- The Practice may disclose your PHI if it believes that such
disclosure is necessary to prevent or lessen a serious and imminent
threat to the health or safety of a person or the public and the
disclosure is to an individual who is reasonably able to prevent
or lessen the threat.
• (o) Workers' Compensation - If you are
involved in a Workers' Compensation claim, the Practice may be
required to disclose your PHI to an individual or entity that
is part of the Workers' Compensation system.
APPOINTMENT REMINDER
The Practice may, from time to time, contact
you to provide appointment reminders or information about treatment
alternatives or other health-related benefits and services that
may be of interest to you. The following appointment reminders
are used by the Practice: a) a postcard mailed to you at the address
provided by you; and b) telephoning your home and leaving a message
on your answering machine or with the individual answering the
phone.
SIGN-IN LOG
The Practice maintains a sign-in log for individuals
seeking care and treatment in the office. The sign-in log is located
in a position where staff can readily see who is seeking care
in the office, as well as the individual's location within the
Practice's office suite. This information may be seen by, and
is accessible to, others who are seeking care or services in the
Practice's offices.
FAMILY/FRIENDS
The Practice may disclose to your family member,
other relative, a close personal friend, or any other person identified
by you, your PHI directly relevant to such person's involvement
with your care or the payment for your care. The Practice may
also use or disclose your PHI to notify or assist in the notification
(including identifying or locating) a family member, a personal
representative, or another person responsible for your care, of
your location, general condition or death. However, in both cases,
the following conditions will apply:
• (a) If you are present at or prior to
the use or disclosure of your PHI, the Practice may use or disclose
your PHI if you agree, or if the Practice can reasonably infer
from the circumstances, based on the exercise of its professional
judgment, that you do not object to the use or disclosure.
• (b) If you are not present, the Practice
will, in the exercise of professional judgment, determine whether
the use or disclosure is in your best interests and, if so, disclose
only the PHI that is directly relevant to the person's involvement
with your care.
AUTHORIZATION
Uses and/or disclosures, other than those described
above, will be made only with your written authorization.
YOUR RIGHTS
1. You have the right to:
• (a) Revoke any Authorization and/or
Consent, in writing, at any time and to request a revocation,
you must submit a written request to the Practice's COMPLIANCE
OFFICER.
• (b) Request restrictions on certain
use and/or disclosure of your PHI as provided by law, however,
the Practice is not obligated to agree to any requested restrictions.
To request restrictions, you must submit a written request to
the Practice's COMPLIANCE OFFICER. In your written request, you
must inform the Practice of what information you want to limit,
whether you want to limit the Practice's use or disclosure, or
both, and to whom you want the limits to apply. If the Practice
agrees to your request, the Practice will comply with your request
unless the information is needed in order to provide you with
emergency treatment
• (c) Receive confidential communications
or PHI by alternative means or at alternative locations; you must
make your request in writing to the Practice's COMPLIANCE OFFICER.
The Practice will accommodate all reasonable requests.
• (d) Inspect and obtain a copy your PHI
as provided by law. To inspect and copy your PHI, you are requested
to submit a written request to the Practice's COMPLIANCE OFFICER.
The Practice can charge you a fee for the cost of copying, mailing
or other supplies associated with your request
• (e) Amend your PHI as provided by law.
To request an amendment, you must submit a written request to
the Practice's COMPLIANCE OFFICER. You must provide a reason that
supports your request. The Practice may deny your request if it
is not in writing, if you do not provide a reason in support of
your request, if the information to be amended was not created
by the Practice (unless the individual or entity that created
the information is no longer available), if the information is
not part of your PHI maintained by the Practice, if the information
is not part of the information you would be permitted to inspect
and copy, and/or if the information is accurate and complete.
If you disagree with the Practice's denial, you will have the
right to submit a written statement of disagreement.
• (f) Receive an accounting of disclosures
of your PHI as provided by law. The request should indicate in
what form you want the list (such as a paper or electronic copy)
• (g) Receive a paper copy of this Privacy
Notice from the Practice upon request to the Practice's COMPLIANCE
OFFICER.
• (h) Complain to the Practice or to the
Office of Civil Rights, U.S. Department of Health and Human Services,
200 Independence Avenue, S.W., Room 509F, HHH Building, Washington,
D.C. 20201, 202/619-0257, email: ocrmail@hhs.gov or to the Florida
Attorney General, Office of the Attorney General, PL-01 The Capitol,
Tallahassee, FL 32399-1050, 850/414-3300, if you believe your
privacy rights have been violated. To file a complaint with the
Practice, you must contact the Practice's COMPLIANCE OFFICER.
All complaints must be in writing.
• (i) To obtain more information on, or
have your questions about your rights answered, you may contact
the Practice's COMPLIANCE OFFICER, Lori Villa at 321-453-6126.
PRACTICE'S REQUIREMENTS
1. The Practice:
• (a) Is required by federal law to maintain
the privacy of your PHI and to provide you with this Privacy Notice
detailing the Practice's legal duties and privacy practices with
respect to your PHI.
• (b) Is required by State law to maintain
a higher level of confidentiality with respect to certain portions
of your medical information that is provided for under federal
law. In particular, the Practice is required to comply with the
following State statutes:
Section 381.004 relating to HIV testing, Chapter
384 relating to sexually transmitted diseases and Section 456.057
relating to patient records ownership, control and disclosure.
• (c) Is required to abide by the terms
of this Privacy Notice.
• (d) Reserves the right to change the
terms of this Privacy Notice and to make the new Privacy Notice
provisions effective for all of your PHI that it maintains.
• (e) Will distribute any revised Privacy
Notice to you prior to implementation.
• (f) Will not retaliate against you for
filing a complaint.
QUESTIONS AND COMPLAINTS
You may obtain additional information about
our privacy practices or express concerns or complaints to the
person identified below who is the COMPLIANCE OFFICER and Contact
person appointed for this practice. The COMPLIANCE OFFICER is
Lori Villa.
You may file a complaint with the COMPLIANCE
OFFICER if you believe that your privacy rights have been violated
relating to release of your protected health information. You
may, also, submit a complaint to the Department of Health and
Human Services the address of which will be provided to you by
the COMPLIANCE OFFICER. We will not retaliate against you in any
way if you file a complaint.
EFFECTIVE DATE
This Notice is in effect as of 2/26/03. |