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
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