FAMILY PRACTICE PARTNERS, P.C.
NOTICE OF PRIVACY PRACTICES
As Required by the Privacy Regulations Created as a Result of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU (AS A PATIENT OF THIS PRACTICE ) MAY BE USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY.
A. OUR COMMITMENT TO YOUR PRIVACY
Our practice is dedicated to maintaining the privacy of your individually identifiable health information (IIHI). In conducting our business, we will create records regarding you and the treatment and services we provide to you. We are required by law to maintain the confidentiality of health information that identifies you. We also are required by law to provide you with this notice of our legal duties and the privacy practices that we maintain in our practice concerning your IIHI. By federal and state law, we must follow the terms of the notice of privacy practices that we have in effect at the time.
We realize that these laws are complicated, but we must provide you with the following important information:
The terms of this notice apply to all records containing your IIHI that are created or retained by our practice. We reserve the right to revise or amend this Notice of Privacy Practices. Any revision or amendment to this notice will be effective for all of your records that our practice has created or maintained in the past, and for any of your records that we may create or maintain in the future. Our practice will post a copy of our current Notice in our offices in a visible location at all times, and you may request a copy of our most current Notice at any time.
B. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:
Office Manager, 515 East Bell St., Murfreesboro, TN -- 615-890-9191 (If unable to reach, contact Randall Rickard, M.D. at same location.)
C. WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION (IIHI) IN THE FOLLOWING WAYS
The following categories describe the different ways in which we may use and disclose your IIHI.
1. Treatment. Our practice may use your IIHI to treat you. For example, we may ask you to have laboratory tests (such as blood or urine tests), and we may use the results to help us reach a diagnosis. We might use your IIHI in order to write a prescription for you, or we might disclose your IIHI to a pharmacy when we order a prescription for you. Many of the people who work for our practice – including, but not limited to, our doctors and nurses – may use or disclose your IIHI in order to treat you or to assist others in your treatment. Additionally, we may disclose your IIHI to others who may assist in your care, such as your spouse, children or parents. Finally, we may also disclose your IIHI to other health care providers for purposes related to your treatment.
2. Payment. Our practice may use and disclose your IIHI in order to bill and collect payment for the services and items you may receive from us. For example, we may contact your health insurer to certify that you are eligible for benefits (and for what range of benefits), and we may provide your insurer with details regarding your treatment to determine if your insurer will cover, or pay for, your treatment. We also may use and disclose your IIHI to obtain payment from third parties that may be responsible for such costs, such as family members. Also, we may use your IIHI to bill you directly for services and items. We may disclose your IIHI to other health care providers and entities to assist in their billing and collection efforts. We may call your home about a bill and leave a message about this on your voice mail or answering machine.
3. Health Care Operations. Our practice may use and disclose your IIHI to operate our business. As examples of the ways in which we may use and disclose your information for our operations, our practice may use your IIHI to evaluate the quality of care you received from us, or to conduct cost-management and business planning activities for our practice. We may disclose your IIHI to other health care providers and entities to assist in their health care operations.
4. Appointment Reminders. Our practice may use and disclose your IIHI to contact you and remind you of an appointment. This appointment information may be left on a voice mail or answering machine.
5. Treatment Options. Our practice may use and disclose your IIHI to inform you and to enable us to inform you of potential treatment options or alternatives.
6. Health-Related Benefits and Services. Our practice may use and disclose your IIHI to inform you or enable us to inform you of health-related benefits or services that may be of interest to you.
7. Release of Information to Family/Friends. Our practice may release your IIHI to a friend or family member that is involved in your care, or who assists in taking care of you. There are various reasons why we may need to do this in order to provide proper care. For example, a parent or guardian may ask that a babysitter take their child to the doctor’s office for treatment of a cold. In this example, the babysitter may have access to this child’s medical information. A second example is the need to speak through a translator if you do not understand the language we use.
8. Disclosures Required By Law. Our practice will use and disclose your IIHI when we are required to do so by federal, state or local law. For example, if you contract tuberculosis we will inform the county health department.
9. Electronic Communications. Our practice routinely uses fax machines to transmit IIHI as needed for treatment, payment, or healthcare operations. An example of this practice is that our office commonly faxes information to insurance companies after you have authorized its release. We use a message on the first page of each fax to explain that the transmission contains confidential material. This message asks for the material to be returned to us if the wrong person received the fax. We may find it necessary to record IIHI on your answering machine or voice mail to properly care for you in a timely fashion. For example, we may leave a message to call our office if an alarming lab value is discovered. We may use cordless phones or cell phones to communicate with you in regards to IIHI without encrypting the message to prevent interception of these wireless transmissions. Such calls are often made when we are returning calls to you on your request after office hours. We may on occasion use E-mail that may or may not be encrypted to communicate with appropriate parties in regards to your care and transmissions will include IIHI. One example of this would be communicating information about your condition to another MD involved in your care via e-mail. Our practice reserves the right to utilize the internet to provide each patient access to information that will include his or her IIHI to enhance accessibility of this information to them. Future uses of this medium of information exchange could include sharing IIHI with other healthcare professionals to improve information transfer at the time of a referral. Our general policy will be to use our judgment to select reasonable available measures to keep IIHI secure in the electronic environment. An example would be the use of secure web pages to post IIHI for patient viewing, while encrypting cell phone calls would not be done given currently available technology.
10. Audible Communications. Our practice is located in structures that do not afford full privacy at all times and places in regards to the spoken word being overheard by someone unintended. For example, a nurse may ask you a question near to an exam room occupied by another patient. Our policy is to conduct ourselves in such a way as to minimize this unintended disclosure of IIHI.
11. Mailing of Information. Our practice may use the US Postal Service to transport IIHI from one location to another to conduct treatment, payment, or healthcare operations. An example of this use is mailing to you a letter explaining the results of your laboratory tests.
12. Drop Box Communication. Our practice may make agreements to use unsecured but mutually agreed locations to leave IIHI for you should you need an item but cannot come to receive it from us in a more secure fashion. Such communication might include leaving a lab requisition outside our locked doors in a location we mutually agree upon for you to pick up after we have closed.
D. USE AND DISCLOSURE OF YOUR IIHI IN CERTAIN SPECIAL CIRCUMSTANCES
The following categories describe unique scenarios in which we may use or disclose your identifiable health information:
1. Public Health Risks. Our practice may disclose your IIHI to public health authorities that are authorized by law to collect information for the purpose of:
2. Health Oversight Activities. Our practice may disclose your IIHI to a health oversight agency for activities authorized by law. Oversight activities can include, for example, investigations, inspections, audits, surveys, licensure and disciplinary actions; civil, administrative, and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws and the health care system in general.
3. Lawsuits and Similar Proceedings. Our practice may use and disclose your IIHI in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. We also may disclose your IIHI in response to a discovery request, subpoena, or other lawful process by another party involved in the dispute, but only if we have made an effort to inform you of the request or to obtain an order protecting the information the party has requested.
4. Law Enforcement. We may release IIHI if asked to do so by a law enforcement official:
5. Deceased Patients. Our practice may release IIHI to a medical examiner or coroner to identify a deceased individual or to identify the cause of death. If necessary, we also may release information in order for funeral directors to perform their jobs.
6. Organ and Tissue Donation. Our practice may release your IIHI to organizations that handle whole cadaver, organ, eye, or tissue procurement for transplantation or medical study (including organ donation banks and medical schools) as necessary to facilitate donation if you are a donor.
7. Research. Our practice may use and disclose your IIHI for research purposes in certain limited circumstances. We will obtain your written authorization to use your IIHI for research purposes except when it has been determined that the waiver of your authorization satisfies the following: (i) the use or disclosure involves no more than a minimal risk to your privacy based on the following: (A) an adequate plan to protect the identifiers from improper use and disclosure; (B) an adequate plan to destroy the identifiers at the earliest opportunity consistent with the research (unless there is a health or research justification for retaining the identifiers or such retention is otherwise required by law); and (C) adequate written assurances that the PHI will not be re-used or disclosed to any other person or entity (except as required by law) for authorized oversight of the research study, or for other research for which the use or disclosure would otherwise be permitted; (ii) the research could not practicably be conducted without the waiver; and (iii) the research could not practicably be conducted without access to and use of the PHI. For example, our practice does participate in a nationwide research network that does not get information from our practice until all patient identifiers are removed. Since this does meet the criteria outlined under (B) above, we do not obtain authorization for this particular research.
8. Serious Threats to Health or Safety. Our practice may use and disclose your IIHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or the public. Under these circumstances, we will only make disclosures to a person or organization able to help prevent the threat.
9. Military. Our practice may disclose your IIHI if you are a member of U.S. or foreign military forces (including veterans) and if required by the appropriate authorities.
10. National Security. Our practice may disclose your IIHI to federal officials for intelligence and national security activities authorized by law. We also may disclose your IIHI to federal officials in order to protect the President, other officials or foreign heads of state, or to conduct investigations.
11. Inmates. Our practice may disclose your IIHI to correctional institutions or law enforcement officials if you are an inmate or under the custody of a law enforcement official. Disclosure for these purposes would be necessary: (a) for the institution to provide health care services to you, (b) for the safety and security of the institution, and/or (c) to protect your health and safety or the health and safety of other individuals.
12. Workers’ Compensation. Our practice may release your IIHI for workers’ compensation and similar programs.
13. Students in the Health Professions. Our practice may disclose your IIHI to a student working with us in our office as part of their training.
14. After Hours Contacts. Not all the doctors who take emergency calls during the hours our office is closed will be partners in Family Practice Partners, P.C. Not all information obtained in on-call phone conversations is entered into a record. Some information is transmitted by the alternate physician to us for inclusion in your medical record at FPP. If a doctor not involved with FPP serves your needs on our behalf in that situation, FPP will have ascertained that he or she will deal with your IHII according to policies much like those of FPP. Their policies will be outlined in a separate but similar Notice of Privacy Practices (NPP). You will have the same rights regarding your IHII under that alternate NPP as are stated here. We can assist you in obtaining a copy of the NPP of any other physician caring for you in this setting at your request.
E. YOUR RIGHTS REGARDING YOUR IIHI
You have the following rights regarding the IIHI that we maintain about you:
1. Confidential Communications. You have the right to request that our practice communicate with you about your health and related issues in a particular manner or at a certain location. For instance, you may ask that we contact you at home, rather than work. In order to request a type of confidential communication, you must make a written request to Office Manager at 890-9191 (or her alternate as indicated in section B of this notice) specifying the requested method of contact, or the location where you wish to be contacted. Our practice will accommodate reasonable requests. You do not need to give a reason for your request.
2. Requesting Restrictions. You have the right to request a restriction in our use or disclosure of your IIHI for treatment, payment or health care operations. Additionally, you have the right to request that we restrict our disclosure of your IIHI to only certain individuals involved in your care or the payment for your care, such as family members and friends. We are not required to agree to your request; however, if we do agree, we are bound by our agreement except when otherwise required by law, in emergencies, or when the information is necessary to treat you. In order to request a restriction in our use or disclosure of your IIHI, you must make your request in writing to Office Manager at 890-9191 (or her alternate as indicated in section B of this notice). Your request must describe in a clear and concise fashion:
(a) the information you wish restricted;
3. Inspection and Copies. You have the right to inspect and obtain a copy of the IIHI that may be used to make decisions about you, including patient medical records and billing records, but not including psychotherapy notes. You must submit your request in writing to Office Manager at 890-9191 (or her alternate as indicated in section B of this notice) in order to inspect and/or obtain a copy of your IIHI. Our practice may charge a fee for the costs of copying, mailing, labor and supplies associated with your request. Our practice may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial. Another licensed health care professional chosen by us will conduct reviews.
4. Amendment. You may ask us to amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is kept by or for our practice. To request an amendment, your request must be made in writing and submitted to Office Manager at 890-9191 (or her alternate as indicated in section B of this notice). You must provide us with a reason that supports your request for amendment. Our practice will deny your request if you fail to submit your request (and the reason supporting your request) in writing. Also, we may deny your request if you ask us to amend information that is in our opinion: (a) accurate and complete; (b) not part of the IIHI kept by or for the practice; (c) not part of the IIHI which you would be permitted to inspect and copy; or (d) not created by our practice, unless the individual or entity that created the information is not available to amend the information.
5. Accounting of Disclosures. All of our patients have the right to request an “accounting of disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures our practice has made of your IIHI for non-treatment, non-payment or non-operations purposes. Use of your IIHI as part of the routine patient care in our practice is not required to be documented. For example, the doctor sharing information with the nurse or another physician; or the billing department using your information to file your insurance claim. In order to obtain an accounting of disclosures, you must submit your request in writing to Office Manager at 890-9191 (or her alternate as indicated in section B of this notice). All requests for an “accounting of disclosures” must state a time period, which may not be longer than six (6) years from the date of disclosure and may not include dates before April 14, 2003. The first list you request within a 12-month period is free of charge, but our practice may charge you for additional lists within the same 12-month period. Our practice will notify you of the costs involved with additional requests, and you may withdraw your request before you incur any costs.
6. Right to a Paper Copy of This Notice. You are entitled to receive a paper copy of our notice of privacy practices. You may ask us to give you a copy of this notice at any time. To obtain a paper copy of this notice, contact Office Manager at 890-9191 (or her alternate as indicated in section B of this notice).
7. Right to File a Complaint. If you believe your privacy rights have been violated, you may file a complaint with our practice or with the Secretary of the Department of Health and Human Services. (HHS general phone number 202-619-0257; Office for Civil Rights phone number 800-368-1019) To file a complaint with our practice, contact Office Manager at 890-9191 (or her alternate as indicated in section B of this notice). All complaints must be submitted in writing. You will not be penalized for filing a complaint.
8. Right to Provide an Authorization for Other Uses and Disclosures. Our practice will obtain your written authorization for uses and disclosures that are not identified by this notice or permitted by applicable law. Any authorization you provide to us regarding the use and disclosure of your IIHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose your IIHI for the reasons described in the authorization. Please note, we are required to retain records of your care.
Again, if you have any questions regarding this notice or our health information privacy policies, please contact Office Manager at 890-9191 (or her alternate as indicated in section B of this notice).