THE ORTHOPEDIC CENTER
NOTICE OF PRIVACY PRACTICES
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 Debbie Laber,
our Imaging Technician at 410-820-8226, extension 123.
OUR COMMITMENT
TO YOUR PRIVACY
The federal Health Insurance Portability and
Accountability Act (HIPAA) of 1996 contains provisions that give you greater
access to your health information - your medical record, your billing and
insurance records, and any other information our practice might collect from you
to provide healthcare services to you or to receive payment for the healthcare
services rendered. In essence, HIPAA provides you with greater control over how
your health information is used and disclosed.
HIPAA also outlines the
responsibilities that healthcare providers and insurance plans have to keep your
health information confidential. For example, HIPAA requires we provide you with
this Notice and that we follow its expressed terms and the commitments.
We
are committed to maintaining the privacy of your health information within the
standards of sound medical practice. In conducting our business, we will create
records regarding you and the treatment and services we provide to you.
These records are our property. However, as required by law, we will:
- Maintain the confidentiality of your health information.
- Provide you with this Notice of our legal duties and privacy practices
concerning your health information.
- Follow the terms of our Notice of Privacy Practices in effect at the time.
In addition, unless specifically provided for by state or federal law,
we may not use or disclose your health information without your written
authorization. You may revoke your authorization at any time.
CHANGES TO THIS NOTICE
The terms of this Notice apply
to all records containing your health information that are created or retained
by us. We reserve the right to revise, change, or amend our Notice of Privacy
Practices. Any revision or amendment to this Notice will be effective for all of
the information that we already have about you, as well as any of your health
information that we may receive, create, or maintain in the future. Our practice
will post a copy of our current Notice in our offices in a prominent location,
and you may request a copy of our most current Notice during any visit to our
practice.
HOW WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION
The following categories describe the different ways in which HIPAA allows
The Orthopedic Center to use and disclose your health information without your
authorization. We have not provided an exhaustive list of every type of use or
disclosure we are permitted to make. The different ways we are permitted to use
and disclose your health information do fall within one of the following
categories.
Treatment
Our practice will use and disclose your health information as
necessary for you to receive treatment. For example, we may conduct diagnostic
tests and use the results to help us reach a diagnosis, to provide further
treatment to you, or to assist other in your treatment. Additionally, we may
disclose your health information to others outside our practice that may assist
in your care, such as other physicians, caregivers, or members of our
family.
Payment
Our organization will use and disclose your health
information in order to bill and collect payment for the services and items you
receive from us. For example, we may contact your health insurer to confirm you
are eligible for benefits and for what range of benefits. We may be asked by
your insurer to provide specific details about the treatment you received so
your insurer can determine whether the costs of your treatment are reimbursable.
We also may use and disclose your health information to obtain payment from
third parties that may be responsible for such costs, such as members of your
family. Also, we may use your information to bill you directly for the services
we provide during your treatment.
Health Care Operations
The Orthopedic Center will use and disclose
your health information, kept outside of your medical record, within our
practice to help ensure that you receive quality care and that we run
efficiently and in compliance with state and federal laws. Similarly, we may use
such health information to conduct cost-management and planning activities to
identify new services needed in the community. We may use and disclose your
information to certification agencies to help us evaluate the quality of care we
provide, as limited below. Whenever we use or disclose your health information
for these purposes, we will, to the extent possible, delete any information that
could be used to identify you such as your name, your address and telephone
number and your social security number.
Appointment Reminders
Our practice will use and disclose your
health information to remind you that you have an appointment by mail and by
telephone.
Alternative Treatments/Health-Related Benefits and Services
Our
practice will use and disclose your health information to inform you of
treatment alternative and/or health-related benefits and services that may be of
interest to you.
Business Associates
Individuals and entities not employed by our
practice but who perform certain functions for us or provide services on our
behalf occasionally require the use of health information in our possession or
require the disclosure of health information from us. However, we have contracts
with all of our business associates, and these contracts prohibit them from
using or disclosing the health information for reasons other than those
specified in the contracts and from redisclosure of identifying information.
Such business associates include our legal counsel, but, only for the purposes
of his representation of us. Signing the consent authorizes disclosure to our
business associates, other than our legal counsel, subject to these
restrictions. Your health information might be used by, stored at, or disclosed
to a business associate to function on our behalf.
Disclosures to Those Involved in Your Healthcare
Unless you object
or instruct us otherwise, we may disclose your health information to a family
member, relative, close friend or any other person that you identify who has
involvement in your care or with payment related to your care who accompanies
you when you receive treatment. We will, however, disclose only that health
information that is directly related to the person's involvement. If you are
unable to agree or object to a disclosure, we will use our professional judgment
to determine whether to disclose such health information to immediate family
members or to any other individual with whom you have a close personal
relationship.
OTHER PERMITTED USES AND DISCLOSURES
As Required By Law
The Orthopedic Center will use or disclose
health information about you to a government agency when required to do so by
applicable state or federal law. For example, a physician is required to report
individuals who receive treatment for gunshot wounds to the State. If you
receive treatment for a gunshot wound, we will provide your health information
to the appropriate State agency.
For Public Health Activities
Our organization may disclose your
health information for educational or research purposes subject to, and in
accordance with, an institutional oversight board. For example, we will disclose
your health information to report reactions to drugs, problems with products or
devices, or to notify you if a device you have has been recalled. Such
disclosures shall only occur if the persons given access to the health
information signs an acknowledgment agreeing not to redisclose any of your
identifying information.
Victims of Abuse or Neglect
We will disclose your health
information to the appropriate government authority if we believe you are a
victim of abuse or neglect. Such disclosure is restricted to information which,
in our opinion, will contribute to the assessment of risk, development of a
service plan, implementation of a safety plan or the investigation of a case of
abuse or neglect. If such disclosure is made, you will be informed unless your
physician thinks informing you would place you at risk of serious harm or is
otherwise not in your best interest. For example, The Orthopedic Center must
notify Adult Protective Services if an elderly person appears to have been a
victim of neglect.
For Health Oversight Activities
Our practice may receive a subpoena
from a health oversight agency requiring disclosure of your health information,
with which we must comply. Such disclosure may only relate to an investigation
regarding the licensure, certification or discipline of a health professional or
the improper practice of a health professional without your authorization.
For Lawsuits and Similar Proceedings
Our practice will use and
disclose your health information in response to a court or administrative order
or subpoena, which appears, on its face, to be lawfully issued. Except in the
case of criminal investigations, that health information will not be released
unless the order or subpoena contains a good faith certification of service of
the order or subpoena upon you (or your attorney) unless: 1) you have waived
such service; or 2) the court waives service as permitted by law. Furthermore,
your health information will not be disclosed before you can object to the
disclosure with sufficient information regarding the case or proceeding at
issue. Disclosure of health information in criminal matters does not require
service, but does require that the agency have written procedures to protect the
confidentiality of records.
To Law Enforcement
We will release your health information to law
enforcement upon receipt of a subpoena, warrant or court order but only if the
information sought is sought solely for the investigating and prosecuting of
criminal activity and the agencies have written procedures to protect the
confidentiality of records. Unless the process is issued by a court or a grand
jury, we will only honor the request if the request is specific and limited in
scope and only with information that does not disclose your identity, unless
de-identified information cannot reasonably be used.
To Coroners, Medical Examiners, and Funeral Directors
Our practice
may release health information to a coroner or medical examiner. This may be
necessary, for example, to identify a deceased person or to determine the case
of death. We may also release health information about patients of a hospital to
funeral directors as necessary to carry out their duties.
For Organ and Tissue Donation Purposes
We may disclose your health
information to organizations legally authorized to handle organ and tissue
procurement, banking, or transplantation. For example, we might provide your
health information to an organ donation center if the information were needed to
include you on a list of individuals awaiting an organ for transplant, or if you
are listed as an organ donor.
To Avert a Serious Threat to Health or Safety
Our practice may use
and disclose your health information when necessary to provide for the emergency
health care needs of a patient. Under these circumstances, we will only make
disclosures to a person or organization able to help provide for those
needs.
For Specialized Government Functions
Our practice may disclose your
health information if you are a member of U.S. or foreign military forces
(including veterans) and if required to do so by the appropriate military
command authorities, and as otherwise required by federal
law.
Furthermore, our practice may disclose your health information if
you are involuntarily committed under State law, or ordered by a court to
detention: 1) in a correctional institution; or 2) by law enforcement officials.
We would have to be satisfied that disclosure of the information is necessary
for your proper care and treatment.
YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION
Under HIPAA, you have several specific rights regarding the health
information we maintain about you. Some of these rights require you to contact
The Orthopedic Center in writing in order to exercise them. If you are required
to contact The Orthopedic Center in writing, please submit your written
request to:
Debbie Laber , Imaging Technician
The Orthopedic Center
510 Idlewild
Avenue, Suite 200
Easton, Maryland 21601
Right to Request Restrictions
You have the right to ask that we
limit how we use and disclose your health information. Additionally, you have
the right to request that we limit any disclosures we make of your health
information to only those individuals who are involved in your care or for
payment for your care.
We are not required to agree to your request; although we will accommodate
reasonable requests. Further, if we do agree to your request, we are bound by
our agreement with you except when otherwise required by law, in case of an
emergency, or when the information we need to use or disclose is necessary to
treat you.
Requests for restrictions must be submitted in writing to Debbie Laber at
the above listed address.
Your request must describe in a clear and concise fashion: (1) the
information you wish restricted; (2) whether you are requesting to limit our
practice's use, disclosure or both; and (3) to whom or how you want the limits
to apply.
Right to Receive Confidential Communications
You have the right
to request the manner in which, and where we should communicate with you
regarding your health information. For instance, you may direct us to contact
you by mail rather than by telephone, or at work rather than at your home. You
also have the right to ask us to send your health information to you at a
location other than the one we have on file for you. For example, you might want
us to send your health information to a post office box instead of your home
address.
In order to receive a confidential communication or to have
communications sent to a different location, you must submit your request in
writing to Debbie Laber, at the above listed address.
Your request
must specify the requested method of contact and/or the location, as
appropriate. You are not required to give a reason for your request. The
Orthopedic Center will accommodate all reasonable requests.
Right to Inspect and Copy
You have the right to inspect and obtain
a copy of the health information about you that we use and/or store, including
your medical records and insurance and billing records in "designated record
sets" defined by our practice. If you want to inspect or obtain a copy of your
health information, you must submit your request in writing to Debbie Laber at
the address provided on the last page of this Notice.
Our practice
charges a fee that covers the costs we incur to make the copies, send or mail
the health information to you, and any labor and supplies required. We will
inform you of the estimated cost associated with your request before we make
copies for you in case you want to withdraw or limit your request.
In
only a few, limited circumstances, The Orthopedic Center will deny a patient's
request. If we deny you access to or a copy of your health information, you may
request a review of the denial which will be performed by a healthcare provider
chosen by us who was not involved in the initial decision.
Right to Request Amendments
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 The Orthopedic
Center. Your request for amendment(s) must be made in writing and submitted
to Debbie Laber at the address provided on the last page of this
Notice.
In your request, you must specify the reason(s) you believe
your information is incorrect or incomplete. Failure to submit your request in
writing and/or failing to include the proper documentation will result in a
denial. In addition, your request will be denied if you ask us to amend
information that is:
- accurate and complete;
- not part of the health information kept by or for The Orthopedic Center;
- not part of the health information which you would be permitted to inspect
and copy; or
- not created by The Orthopedic Center, unless the individual or entity that
created the information is not available to amend the information and The
Orthopedic Center has all the information required to evaluate and respond to
your request.
Right to Receive an Accounting of Disclosures
You
have the right to request an accounting of disclosures of your health
information that have been made by The Orthopedic Center. The accounting of
disclosures will not include: (1) disclosures that are made in the course of
providing treatment to you; (2) disclosures that are made for purposes of
obtaining payment for the services rendered to you; (3) disclosures that are
made for purposes of operating our practice; and (4) any disclosures you
previously authorized The Orthopedic Center to make.
In order to
obtain an accounting of disclosures, you must submit your request in writing to
Debbie Laber at the address provided on the last page of this
Notice.
You request must include a specific period of time that may
not be longer than six (6) years prior to the date of the request, and the
specific period of time may not include dates prior to April 14,
2003.
The first accounting of disclosures you request in a twelve (12)
month period will be provided free of charge. There will be a charge for any
additional accountings of disclosures requested within the same (12) month
period. The Orthopedic Center will notify you of the costs associated with any
additional requests made by you. That way, you may withdraw or limit your
request prior to incurring any costs.
Right to a Paper Copy of This
Notice
You are entitled to receive a paper copy of this Notice of Privacy
Practices the first time you come to The Orthopedic Center for treatment.
However, you may ask for and we will provide you with a copy of this Notice at
any time. Please direct your requests for a copy of this Notice to Debbie Laber
at the address provide at the end of this Notice.
Right to File a Complaint
If you believe The Orthopedic Center
has misused or improperly disclosed your health information, you may file a
complaint with our practice by contacting Debbie Laber, our Imaging Technician
at (410) 820-8226 extension 123.
Alternatively, you may file a
complaint with the Secretary of the Department of Health and Human
Services.
All complaints must be submitted in writing, either to
Debbie Laber, Imaging Technician at the previous listed address or to the
Department of Health and Human Services.
You will not be penalized
for filing a complaint.
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 that are not permitted
by law. You may revoke any authorization you provide to us regarding the use and
disclosure of your health information at any time in writing. After you revoke
your authorization, we will no longer use or disclose your health information
for the reasons described in the authorization. Of course, we are unable to take
back any disclosures that we have already made with your permission.
CONTACT
If you have any questions about how The Orthopedic Center
will use or disclose your health information, or if you require further
information about this Notice of Privacy Practices, please contact:
Debbie Laber, Imaging Technician
The Orthopedic Center
510
Idlewild Avenue, Suite 200
Easton, Maryland 21601
(410) 820-8226,
extension 123