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CARROLLWOOD FAMILY MEDICAL & REHABILITATION
CENTER, INC.
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL
INFORMATION ABOUT YOU
MAY BE USED AND DISCLOSED AND HOW YOU CAN
GET ACCESS TO
THAT INFORMATION
PLEASE REVIEW THIS NOTICE CAREFULLY.
This Practice is committed to maintaining the privacy
of your protected
health information ("PHI"), which includes information
about your health
condition and the care and treatment you receive from the Practice.
The
creation of a record detailing the care and services you receive
helps this
office to provide you with quality health care. This Notice details
how your
PHI may be used and disclosed to third parties. This Notice also
details your
rights regarding your PHI. The privacy of PHI in patient files will
be
protected when the files are taken to and from the Practice by placing
the
files in a box or brief case and kept within the custody of a doctor
or
employee of the Practice authorized to remove the files from the
Practice's
office. It may be necessary to take patient files to a facility
where a
patient is confined or to a patient's home where the patient is
to be
examined or treated.
NO CONSENT REQUIRED
The Practice may use and/or disclose your PHI for
the purposes of:
· (a) Treatment - In order to provide you
with the health care you require,
the Practice will provide your PHI to those health care professionals,
whether on the Practice's staff or not, directly involved in your
care so that they may
understand your health condition and needs. For example, a physician
treating you
for a condition or disease may need to know the results of your
latest
physician examination by this office.
· (b) Payment - In order to get paid for
services provided to you, the
Practice will provide your PHI, directly or through a billing service,
to appropriate
third party payors, pursuant to their billing and payment requirements.
For example,
the Practice may need to provide the Medicare program with information
about
health care services that you received from the Practice so that
the Practice
can be properly reimbursed. The Practice may also need to tell your
insurance
plan about treatment you are going to receive so that it can determine
whether or
not it will cover the treatment expense.
· (c) Health Care Operations - In order for
the Practice to operate in
accordance with applicable law and insurance requirements and in
order for the
Practice to continue to provide quality and efficient care, it may
be necessary for
the Practice to compile, use and/or disclose your PHI. For example,
the Practice may
use your PHI in order to evaluate the performance of the Practice's
personnel in
providing care to you.
1. The Practice may use and/or disclose your PHI,
without a written Consent
from you, in the following additional instances:
· (a) De-identified Information - Information
that does not identify you
and, even without your name, cannot be used to identify you.
· (b) Business Associate - To a business
associate if the Practice obtains
satisfactory written assurance, in accordance with applicable law,
that
the business associate will appropriately safeguard your PHI. A
business
associate is an entity that assists the Practice in undertaking
some essential
function, such as a billing company that assists the office in submitting
claims for payment to
insurance companies or other payers.
· (c) Personal Representative - To a person
who, under applicable law, has
the authority to represent you in making decisions related to your
health
care.
· (d) Emergency Situations -
· (i) for the purpose of obtaining or rendering
emergency treatment to
you provided that the Practice attempts to obtain your Consent as
soon as
possible; or
· (ii)
to a public or private entity authorized by law or by its
charter to assist in disaster relief efforts, for the purpose of
coordinating your care
with such entities in an emergency situation.
· (e) Communication Barriers - If, due to substantial communication
barriers or inability to communicate, the Practice has been unable
to obtain
your Consent and the Practice determines, in the exercise of its
professional
judgment, that your Consent to receive treatment is clearly inferred
from the
circumstances.
· (f) Public Health Activities - Such activities include,
for
example, information collected by a public health authority, as
authorized by
law, to prevent or control disease and that does not identify you
and, even
without your name, cannot be used to identify you.
· (g) Abuse, Neglect or Domestic Violence - To a government
authority if the Practice is required by law to make such disclosure;
if the
Practice is authorized by law to make such a disclosure, it will
do so if it
believes that the disclosure is necessary to prevent serious harm.
· (h) Health Oversight Activities - Such activities, which
must
be required by law, involve government agencies and may include,
for example,
criminal investigations, disciplinary actions, or general oversight
activities relating to the community's health care system.
· (i) Judicial and Administrative Proceeding - For example,
the Practice
may be required to disclose your PHI in response to a court order
or a
lawfully issued subpoena.
· (j) Law Enforcement Purposes - In certain instances, your
PHI may have to
be disclosed to a law enforcement official. For example, your PHI
may be the
subject of a grand jury subpoena. Or, the Practice may disclose
your PHI if
the Practice believes that your death was the result of criminal
conduct.
· (k) Coroner or Medical Examiner - The Practice may disclose
your PHI to a
coroner or medical examiner for the purpose of identifying you or
determining
your cause of death.
· (l) Organ, Eye or Tissue Donation - If you are an organ
donor, the
Practice may disclose your PHI to the entity to whom you have agreed
to
donate your organs.
· (m) Research - If the Practice is involved in research
activities, your
PHI may be used, but such use is subject to numerous governmental
requirements intended to protect the privacy of your PHI and that
does not
identify you and, even without your name, cannot be used to identify
you.
· (n) Avert a Threat to Health or Safety - The Practice may
disclose your
PHI if it believes that such disclosure is necessary to prevent
or lessen a
serious and imminent threat to the health or safety of a person
or the public
and the disclosure is to an individual who is reasonably able to
prevent or
lessen the threat.
· (o) Workers' Compensation - If you are involved in a Workers'
Compensation claim, the Practice may be required to disclose your
PHI to an
individual or entity that is part of the Workers' Compensation system.
APPOINTMENT REMINDER
The Practice may, from time to time, contact you to provide appointment
reminders or information about treatment alternatives or other health-related
benefits and services that may be of interest to you. The following
appointment reminders are used by the Practice: a) a postcard mailed
to you
at the address provided to you; b) telephoning your home and leaving
a
message on your answering machine or with the individual answering
the phone;
c) telephoning you at your work and leaving message for you on the
answering
machine/voice mail or person answering the phone; and d) telephoning
you on
your cell phone number or pager number that you leave at the office.
SIGN-IN LOG
The Practice maintains a sign-in log for individuals seeking care
and
treatment in the office. The sign-in log is located in a position
where staff
can readily see who is seeking care in the office, as well as the
individual's location within the Practice's office suite. This information
may be seen by, and is accessible to, others who are seeking care
or services
in the Practice's offices.
FAMILY/FRIENDS
The Practice may disclose to your family member, other relative,
a close
personal friend, or any other person identified by you, your PHI
directly
relevant to such person's involvement with your care or the payment
for your
care. The Practice may also use or disclose your PHI to notify or
assist in
the notification (including identifying or locating) a family member,
a
personal representative, or another person responsible for your
care, of your
location, general condition or death. However, in both cases, the
following
conditions will apply:
· (a) If you are present at or prior to the
use or disclosure of your PHI,
the Practice may use or disclose your PHI if you agree, or if the
Practice can
reasonably infer from the circumstances, based on the exercise of
its professional
judgment, that you do not object to the use or disclosure.
· (b) If you are not present, the Practice
will, in the exercise of
professional judgment, determine whether the use or disclosure is
in your best
interests and, if so, disclose only the PHI that is directly relevant
to the person's
involvement with your care.
AUTHORIZATION
Uses and/or disclosures, other than those described
above, will be made
only with your written authorization.
YOUR RIGHTS
1. You have the right to:
· (a) Revoke any Authorization and/or Consent,
in writing, at any time and
to request a revocation, you must submit a written request to the
Practice's
COMPLIANCE OFFICER
· (b) Request restrictions on certain use
and/or disclosure of your PHI as
provided by law, however, the Practice is not obligated to agree
to any
requested restrictions .To request restrictions, you must submit
a written
request to the Practice's COMPLIANCE OFFICER. In your written request,
you
must inform the Practice of what information you want to limit,
whether you
want to limit the Practice's use or disclosure, or both, and to
whom you
want the limits to apply. If the Practice agrees to your request,
the
Practice will comply with your request unless the information is
needed in
order to provide you with emergency treatment.
· (c) Receive confidential communications
or PHI by alternative means or at
alternative locations; you must make your request in writing to
the
Practice's COMPLIANCE OFFICER. The Practice will accommodate all
reasonable
requests.
· (d) Inspect and obtain a copy of your PHI
as provided by law. To inspect
and copy your PHI, you are requested to submit a written request
to the
Practice's COMPLIANCE OFFICER. The Practice can charge you a fee
for the cost of
copying, mailing or other supplies associated with your request.
· (e) Amend your PHI as provided by law.
To request an amendment, you must
submit a written request to the Practice's COMPLIANCE OFFICER. You
must
provide a reason that supports your request. The Practice may deny
your
request if it is not in writing, if you do not provide a reason
in support of
your request, if the information to be amended was not created by
the Practice (unless the
individual or entity that created the information is no longer
available), if the information is not part of your PHI maintained
by the Practice, if the
information is not part of the information you would be permitted
to inspect
and copy, and/or if the information is accurate and complete. If
you disagree
with the Practice's denial, you will have the right to submit a
written
statement of disagreement.
· (f) Receive an accounting of disclosures
of your PHI as provided by law.
The request should indicate in what form you want the list (such
as a paper
or electronic copy).
· (g) Receive a paper copy of this Privacy
Notice from the Practice upon
request to the Practice's COMPLIANCE OFFICER.
· (h) Complain to the Practice or to the
Office of Civil Rights, U.S.
Department of Health and Human Services, 200 Independence Avenue.
S.W., Room 509F, HHH Building, Washington, D.C. 20201, 202/619-0257,
email:OCRMAIL@HHS.GOVor to the Florida Attorney General, Office
of the Attorney General, PL-01 The
Capitol, Tallahassee, FL 32399-1050, 850/414-3300, if you believe
your
privacy rights have been violated. To file a complaint with the
Practice, you
must contact the Practice's COMPLIANCE OFFICER. All complaints must
be in
writing.
· (i) To obtain more information on, or have
your questions about your
rights answered, you may contact the Practice's COMPLIANCE OFFICER,
Dr. Barry D. Shapiro, D.C., P.A. at (813) 960-8866 or via email
at
DRSHAPIRO@CARROLLWOODFAMILY MEDICAL.COM.
PRACTICE'S REQUIREMENTS
1. The Practice:
· (a) Is required by federal law to maintain
the privacy of your PHI and to
provide you with this Privacy Notice detailing the Practice's legal
duties and
privacy practices with respect to your PHI.
· (b) Is required by State law to maintain
a higher level of
confidentiality with request to certain portions of your medical
information that is provided
for under federal law. In particular, the Practice is required to
comply with the
following States statutes:
Section 381.004 relating to HIV testing, Chapter
384 relating to sexually
transmitted diseases and Section 456.057 relating to patient records
ownership, control and disclosure.
· (c) Is required to abide by the terms of
this Privacy Notice.
· (d) Reserves the right to change the terms
of this Privacy Notice and to
make the new Privacy Notice provisions effective for all of your
PHI that it
maintains.
· (e) Will distribute any revised Privacy
Notice to you prior to
implementation.
· (f) Will not retaliate against you for
filing a complaint.
QUESTIONS AND COMPLAINTS
You may obtain additional information about our
privacy practices or
express concerns or complaints to the person identified below who
is the
COMPLIANCE OFFICER and Contact person appointed for this practice.
The
COMPLIANCE OFFICER is Dr. Barry D. Shapiro, D.C., P.A.
You may file a complaint with the COMPLIANCE OFFICER
if you believe that
your privacy rights have been violated relating to release of your
protected
health information. You may, also, submit a complaint to the Department
of
Health and Human
Services the address of which will be provided to you by the COMPLIANCE
OFFICER. We will not retaliate against you in any way if you file
a complaint.
EFFECTIVE DATE
This Notice is in effect as of April 14, 2003.
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