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Privacy Practice Notice
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.
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.
“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 health care services.
We are required to abide by the terms
of this Notice of Privacy Practices. We may change the terms of
our notice, at any time. The new notice will be effective for all
protected health information that we maintain at that time. Upon
your request, we will provide you with any revised Notice of Privacy
Practices by accessing our website [www.thecancercenter.com] or
[www.petimaging.net], calling the office and requesting that a revised
copy be sent to you in the mail or asking for one at the time of
your next appointment.
1. USES AND DISCLOSURES OF PROTECTED
HEALTH INFORMATION
Uses and Disclosures of Protected
Health Information
Based Upon Your Written Consent
Once you have acknowledged the receipt
of this notice, your physician will use or disclose your protected
health information as described in this Section 1. 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 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 the physician’s practice.
Following are examples of the types of
uses and disclosures of your protected health care information that
the physician’s office is permitted to make once you have
signed our consent form. These examples are not meant to be exhaustive,
but to describe the types of uses and disclosures that may be made
by our office once you have provided consent.
Treatment:
We will use and disclose your protected health information to provide,
coordinate, or manage your health care and any related services.
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 a home health agency that provides care to you. We will also
disclose protected health information to other physicians who may
be treating you when we have the necessary permission from you to
disclose your protected health information. 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 health
care provider (e.g., a specialist or laboratory) who, at the request
of your physician, becomes involved in your care by providing assistance
with your health care diagnosis or treatment to your physician.
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. For example,
obtaining approval for a hospital stay may require that your relevant
protected health information be disclosed to the health plan to
obtain approval for the hospital 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,
training of medical students, licensing, marketing and conducting
or arranging for other business activities.
For example, we may disclose your protected
health information to medical school students that see patients
at our office. In addition, 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 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 Privacy Contact to request that these
materials not be sent to you.
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 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.
Other Permitted and Required
Uses and Disclosures That May Be Made With Your Acknowledge of our
Notice of Privacy Practice, Authorization or 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 physician may, using 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, 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 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 health care.
Emergencies:
We may use or disclose your protected health information in an emergency
treatment situation. If this happens, your physician shall provide
you with our Notice of Privacy Practice for you review and acknowledgment,
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 provide you with
this Notice of Privacy Practice but is unable to obtain your acknowledgment,
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 provide you with our Notice of Privacy Practice but is unable
to do so due to substantial communication barriers.
Other Permitted and Required
Uses and Disclosures That May Be Made
Without Your Acknowledgment of our Notice of Privacy Practice,
Authorization or Opportunity to Object
We may use or disclose your protected
health information in the following situations without your consent
or authorization. These situations include:
Required
By Law: We may use or disclose your protected health information
to the extent that the use or disclosure is required by 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.
We may also disclose your protected health information, if directed
by the public health authority, to a foreign government agency that
is collaborating with the public health authority.
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. In this
case, the disclosure will be made consistent with the requirements
of applicable federal and state laws.
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 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 protected health information, so long as applicable
legal requirements are met, for law enforcement purposes. These
law enforcement purposes 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 Practice’s premises)
and it is likely that a crime has occurred.
Coroners,
Funeral Directors, and Organ Donation: We may disclose 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 cadaver organ, eye or tissue donation purposes.
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: Your protected health information may be disclosed
by us as authorized to comply with workers’ compensation laws
and other similar legally established programs.
Inmates:
We may use or disclose your protected health information if you
are an inmate of a correctional facility and your physician 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 Section 164.500 et. seq.
Research 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.
2. YOUR RIGHTS
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 protected health information
about you that is contained in a designated record set for as long
as we maintain the protected health information. A “designated
record set” contains medical and billing records and any other
records that your physician and the practice use for making decisions
about you.
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. Depending on the circumstances, a decision to deny
access may be review able. In some circumstances, you may have a
right to have this decision reviewed. 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 physician is not required to agree
to a restriction that you may request. If 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. If your physician 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 physician. You may request a restriction
by contacting our Privacy Officer and completing our Request for
Restrictions Form.
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. To request confidential communication, please contact
our Privacy Officer to obtain a request form.
You may have the right
to have your physician amend your protected health information.
This means you may request an amendment of protected health information
about you in a designated record set for as long as we maintain
this information. In certain cases, we may deny your request for
an amendment. If we deny your request for 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
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 applies
to disclosures for purposes other than treatment, payment or healthcare
operations as described in this Notice of Privacy Practices. It
excludes disclosures we may have made to you, for a facility directory,
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. You may request
a shorter timeframe. The right to receive this information is subject
to certain exceptions, restrictions and limitations.
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 electronically.
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 Officer of and completing our complaint form. We will
not retaliate against you for filing a complaint.
You may contact our Privacy Contact,
at (618) 236-1000 for further information about the complaint process.
This notice was published and became
effective April 14, 2003.
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