NOTICE
OF PRIVACY PRACTICES FOR FACILITY
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.
If
you have any questions about this Notice please contact:
our Privacy Contact who is Dagmar Gundler (574)287-3767
OUR
COMMITMENT TO PROTECT YOUR HEALTH INFORMATION
This Notice of Privacy Practices 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. Your "protected health information"
means any of your written and oral health information, including your
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.
We are strongly committed to protecting your medical information. We
create a medical record about your care because we need the record to
provide you with appropriate treatment and to comply with various legal
requirements. We transmit some medical information about your care in
order to obtain payment for the services you receive, and we use certain
information in our day to day operations. This Notice will let you know
about the various ways we use and disclose your medical information,
describe your rights and our obligations with respect to the use or
disclosure of your medical information. We will also ask that you acknowledge
receipt of this Notice the first time you come to or use any of our
facilities, because the law requires us to make a good faith effort
to obtain your acknowledgment.
We are required by law to:
Make sure that any medical or health information that we have that identifies
you is kept private, and will be used or disclosed only in accord with
this Notice of Privacy Practices and applicable law; Give you this Notice
of our legal duties and our privacy practices; and abide by the terms
of the Notice of Privacy Practices that is in effect from time to time.
1. USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
A. Uses and Disclosures of Protected Health Information for Treatment,
Payment and Healthcare Operations
Your protected health information may be used and disclosed
by your (Orthotist or Prosthetist), our office staff and others outside
of our office who are involved in your care and treatment for the purpose
of providing health care services to you. Your protected health information
may also be used and disclosed to pay your health care bills and to
support the operation of this facility.
Following are examples of the types of uses and disclosures of your
protected health care information that this facility is permitted to
make. We have provided some examples of the types of each use or disclosure
we may make, but not every use or disclosure in any of the following
categories will be listed.
For Treatment: We will use and disclose your protected health
information to provide, coordinate, or manage your health care and any
related treatment. This includes the coordination or management of your
health care with a third party that has already obtained your permission
to have access to your protected health information. For example, we
would disclose your protected health information, as necessary, to the
physician that referred you to us. We will also disclose protected health
information to other health care providers who may be treating you when
we have the necessary permission from you to disclose your protected
health information.
For Payment: Your protected health information will be used,
as needed, to obtain payment for your health care services. This may
include certain activities that your health insurance plan may undertake
before it approves or pays for the health care services we recommend
for you such as; making a determination of eligibility or coverage for
insurance benefits, reviewing services provided to you for medical necessity,
and undertaking utilization review activities. We may also tell your
health plan about an orthotic or prosthetic device you are going to
receive to obtain prior approval or to determine whether your plan will
cover the device.
For Healthcare Operations: We may use or
disclose, as needed, your protected health information in order to support
the business activities of this facility. These activities include,
but are not limited to, quality assessment activities, employee review
activities, legal services, licensing, and conducting or arranging for
other business activities. We may share your protected health information
with third party "business associates" that perform various
activities (e.g., billing, transcription services) for this facility.
Whenever an arrangement between our facility and our 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.
Treatment Alternatives: 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.
Appointment Reminders: We may use or disclose your protected health
information, as necessary, to contact you to remind you of your appointment.
Sign In Sheets: We may use a sign-in sheet at the registration desk
where you will be asked to sign your name. We may also call you by name
in the waiting room when your (Orthotist or Prosthetist) is ready to
see you.
Marketing and Health Related Benefits and Services: We may also use
and disclose your protected health information for other marketing activities.
For example, we may send you information about products or services
that we believe may be beneficial to you. You may contact our Privacy
Contact to request that these materials not be sent to you.
Sale of the Practice: If we decide to sell this practice or merge or
combine with another practice, we may share your protected health information
with the new owners.
B. Uses and Disclosures of Protected Health Information Based upon Your
Written Authorization
Other uses and disclosures of your protected health information will
be made only with your written authorization, unless otherwise permitted
or required by law as described below. You may revoke your authorization,
at any time, in writing. You understand that we can not take back any
use or disclosure we may have made under the authorization before we
received your written revocation, and that we are required to maintain
a record of the medical care that has been provided to you. The authorization
is a separate document, and you will have the opportunity to review
any authorization before you sign it. We will not condition your treatment
in any way on whether or not you sign any authorization.
C. Other Permitted and Required Uses and Disclosures That May Be Made
Either With Your Agreement or the Opportunity to Object
We may use and disclose your protected health information in
the following instances. You have the opportunity to agree or object
to the use or disclosure of all or part of your protected health information.
If you are not present or able to agree or object to the use or disclosure
of the protected health information, then your (Orthotist or Prosthetist)
may, using their professional judgment, determine whether the disclosure
is in your best interest. In this case, only the protected health information
that is relevant to your health care will be disclosed.
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, orally or in writing, your protected health information
that directly relates to that person’s involvement in your health
care. 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 your 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 or general condition.
D. Other Permitted and Required Uses and Disclosures That May Be Made
Without Your Authorization or Opportunity to Object
We may use or disclose your protected health information in
the following situations without your authorization or providing you
the opportunity to object.
Required By Law: We may use or disclose your protected health
information to the extent that the use or disclosure is required by
federal, state or local law. The use or disclosure will be made in compliance
with the law and will be limited to the relevant requirements of the
law. You will be notified, as required by law, of any such uses or disclosures.
Public Health: We may disclose your protected health information
for public health activities and purposes to a public health authority
that is permitted by law to collect or receive the information. The
disclosure will be made for the purpose of controlling disease, injury
or disability. A disclosure under this exception would only be made
to somebody in a position to help prevent the threat to public health
Communicable Diseases: We may disclose your protected health information,
if authorized by law, to a person who may have been exposed to a communicable
disease or may otherwise be at risk of contracting or spreading the
disease or condition.
Health Oversight: We may disclose protected health information to a
health oversight agency for activities authorized by law, such as audits,
investigations, and inspections. Oversight agencies seeking this information
include government agencies that oversee the health care system, government
benefit programs, other government regulatory programs and civil rights
laws.
Abuse or Neglect: We may disclose your protected health information
to a public health authority that is authorized by law to receive reports
of child abuse or neglect. In addition, we may disclose your protected
health information if we believe that you have been a victim of abuse,
neglect or domestic violence to the governmental entity or agency authorized
to receive such information. We will only make this disclosure if you
agree or when required or authorized by law. In this case, the disclosure
will be made consistent with the requirements of applicable federal
and state laws.
Military and Veterans: If you are a member of the military,
we may release protected health information about you as required by
military command authorities.
Food and Drug Administration: We may disclose your protected
health information to a person or company required by the Food and Drug
Administration to report adverse events, product defects or problems,
biologic product deviations, track products; to enable product recalls;
to make repairs or replacements, or to conduct post marketing surveillance,
as required.
Legal 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 (to the extent such
disclosure is expressly authorized), in certain conditions in response
to a subpoena, discovery request or other lawful process.
Law Enforcement: We may also disclose your protected health
information, so long as applicable legal requirements are met, for law
enforcement purposes. These law enforcement purposes might include (1)
legal processes and otherwise required by law, (2) limited information
requests for identification and location purposes, (3) pertaining to
victims of a crime, (4) suspicion that death has occurred as a result
of criminal conduct, (5) in the event that a crime occurs on the premises
of the practice, and (6) medical emergency (not on the facility’s
premises) and it is likely that a crime has occurred.
Coroners, Funeral Directors, and Organ Donation: We may disclose
your protected health information to a coroner or medical examiner for
identification purposes, determining 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.
Research: Under certain circumstances, we may disclose your
protected health information to researchers when their research has
been approved by an institutional review board that has reviewed the
research proposal and established protocols to ensure the privacy of
your protected health information.
Criminal Activity: Consistent with applicable federal and state
laws, we may disclose your protected health information, if we believe
that the use or disclosure is necessary to prevent or lessen a serious
and imminent threat to the health or safety of a person or the public.
We may also disclose protected health information if it is necessary
for law enforcement authorities to identify or apprehend an individual.
Military Activity and National Security: When the appropriate conditions
apply, we may use or disclose protected health information of individuals
who are Armed Forces personnel (1) for activities deemed necessary by
appropriate military command authorities; (2) for the purpose of a determination
by the Department of Veterans Affairs of your eligibility for benefits,
or (3) to foreign military authority if you are a member of that foreign
military services. We may also disclose your protected health information
to authorized federal officials for conducting national security and
intelligence activities, including for the provision of protective services
to the President or others legally authorized.
Workers’ Compensation: We may disclose your protected health information
as authorized to comply with workers’ compensation laws and other
similar legally-established programs that provide benefits for work-related
illnesses and injuries.
Inmates: We may use or disclose your protected health information if
you are an inmate of a correctional facility and your (Orthotist or
Prosthetist) created or received your protected health information in
the course of providing care to you.
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 the final rule on Standards for Privacy of Individually
Identifiable Health Information.
2. YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU
Following is a statement of your rights with respect to your
protected health information and a brief description of how you may
exercise these rights.
You have the right to inspect and copy your protected health information.
This means you may inspect and obtain a copy of your protected health
information contained in your medical and billing records and any other
records that your (Orthotist or Prosthetist) uses for making decisions
about you, for as long as we maintain the protected health information.
To inspect and copy your medical information, you must submit a written
request to the Privacy Contact listed on the first and 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.
We may deny your request in limited situations specified in the law.
For example, you may not inspect or copy psychotherapy notes; or information
compiled in reasonable anticipation of, or use in, a civil, criminal,
or administrative action or proceeding, and certain other specified
protected health information defined by law. In some circumstances,
you may have a right to have this decision reviewed. The person conducting
the review will not be the person who initially denied your request.
We will comply with the decision in any review. Please contact our Privacy
Contact if you have questions about access to your medical record.
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 this Notice of Privacy Practices. Your request must
state the specific restriction requested and to whom you want the restriction
to apply.
Your (Orthotist or Prosthetist) is not required to agree to a restriction
that you may request. If the (Orthotist or Prosthetist) 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.
If your (Orthotist or Prosthetist) 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.
With this in mind, please discuss any restriction you wish to request
with your (Orthotist or Prosthetist). You may request a restriction
by contacting Dagmar Gundler, Privacy Contact.
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. We will not request
an explanation from you as to the basis for the request. Please make
this request in writing to our Privacy Contact.
You may have the right to have your (Orthotist or Prosthetist) amend
your protected health information. This means you may request an amendment
of your protected health information contained in your medical and billing
records and any other records that your (Orthotist or Prosthetist) uses
for making decisions about you, for as long as we maintain the protected
health information. You must make your request for amendment in writing
to our Privacy Contact, and provide the reason or reasons that support
your request.
We may deny any request that is not in writing or does not state a reason
supporting the request. We may deny your request for an amendment of
any information that:
Was not created by us, unless the person that created the information
is no longer available to amend the information;
Is not part of the protected health information kept by or for us;
Is not part of the information you would be permitted to inspect or
copy; or
Is accurate and complete.
If we deny your request for amendment, we will do so in writing
and explain the basis for the denial. You have the right to file a written
statement of disagreement with us. We may prepare a rebuttal to your
statement and will provide you with a copy of any such rebuttal. Please
contact our Privacy Contact to determine if you have questions about
amending your medical record.
You have the right to receive an accounting of certain disclosures we
have made, if any, of your protected health information. This right
only applies to disclosures for purposes other than treatment, payment
or healthcare operations as described in this Notice of Privacy Practices.
It also excludes disclosures we may have made to you, to family members
or friends involved in your care, or for notification purposes. You
have the right to receive specific information regarding these disclosures
that occurred after April 14, 2003. The right to receive this information
is subject to certain exceptions, restrictions and limitations. You
must submit a written request for disclosures in writing to the Privacy
Contact. You must specify a time period, which may not be longer than
six years and cannot include any date before April 14, 2003. You may
request a shorter timeframe. Your request should indicate the form in
which you want the list (i.e., on paper, etc). You have the right to
one free request within any 12 month period, but we may charge you for
any additional requests in the same 12 month period. We will notify
you about the charges you will be required to pay, and you are free
to withdraw or modify your request in writing before any charges are
incurred.
You have the right to obtain a paper copy of this notice from us, upon
request to our Privacy Contact, or in person at our office, at any time,
even if you have agreed to accept this notice electronically. You may
obtain a copy of this notice at our website, www.americanlimb.com
3. 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 by notifying our privacy contact of
your complaint. We will not retaliate against you in any way for filing
a complaint, either with us or with the Secretary.
You may contact our Privacy Contact, Dagmar Gundler at (574)287-3767
or dagmarg@americanlimb.com for further information about the complaint
process.
4. CHANGES TO THIS NOTICE
We reserve the right to change the privacy practices that are
described in this Notice of Privacy Practices. We also reserve the right
to apply these changes retroactively to Protected Health Information
received before the change in privacy practices. You may obtain a revised
Notice of Privacy Practices by calling the office and requesting a revised
copy be sent in the mail, asking for one at the time of your next appointment,
or accessing our website
This notice was published and becomes effective on April 14,2003.