| ANDERSON
CHIROPRACTIC OFFICES
PRIVACY NOTICE
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU
MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO
THAT INFORMATION.
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.
CONSENT
1. The Practice may use and/or disclose your PHI provided that it
first obtains a
valid Consent signed by you. The Consent will allow the Practice
to 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 lower back
pain 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.
NO CONSENT REQUIRED
1. The Practice may use and/or disclose your PHI, without a written
Consent from
you, in the following 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
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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.
(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.
(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
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individual who is reasonably able to prevent or lessen the threat.
(o) Specialized Government Functions - This refers to disclosures
of PHI that
relate primarily to military and veteran activity.
(p) 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.
(q) National Security and Intelligence Activities – The Practice
may disclose
your PHI in order to provide authorized governmental officials with
necessary
intelligence information for national security activities and purposes
authorized by law.
(r) Military and Veterans – If you are a member of the armed
forces, the
Practice may disclose your PHI as required by the military command
authorities.
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.
DIRECTORY/SIGN-IN LOG
The Practice may maintain sign-in lists or logs for individuals
seeking care and treatment in the office. 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.
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YOUR RIGHTS
1. You have the right to:
(a) Revoke any Authorization and/or Consent, in writing, at any
time. To request a revocation, you must submit a written request
to the Practice's Privacy 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 Privacy 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 Privacy
Officer. The Practice will accommodate all reasonable requests.
(d) Inspect and copy your PHI as provided by law. To inspect and
copy your PHI, you must submit a written request to the Practice's
Privacy Officer. The Practice can charge you a fee for the cost
of copying, mailing or other supplies associated with your request.
In certain situations that are defined by law, the Practice may
deny your request, but you will have the right to have the denial
reviewed as set forth more fully in the written denial notice.
(e) Amend your PHI as provided by law. To request an amendment,
you must submit a written request to the Practice's Privacy 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 y 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. To
request an accounting, you must submit a written request to the
Practice's Privacy
Officer. The request must state a time period which may not be longer
than six (6) years
and may not include dates before April 14, 2003. The request should
indicate in what
form you want the list (such as a paper or electronic copy). The
first list you request
within a twelve (12) month period will be free, but the Practice
may charge you for the
cost of providing additional lists. The Practice will notify you
of the costs involved and
you can decide to withdraw or modify your request before any costs
are incurred.
(g) Receive a paper copy of this Privacy Notice from the Practice
upon
request to the Practice's Privacy Officer.
(h) Complain to the Practice or to the Secretary of HHS if you believe
your privacy rights have been violated. To file a complaint with
the Practice, you must contact the Practice's Privacy Officer. All
complaints must be in writing.
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(i) To obtain more information on, or have your questions about
your rights
answered, you may contact the Practice's Privacy Officer, Dr. Craig
Anderson, at
this office or via email at crander@sovernet.com.
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 high level of confidentiality.
(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.
EFFECTIVE DATE
This Notice is in effect as of 02/15/2003.
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