THIS NOTICE OF PRIVACY PRACTICES (THIS “NOTICE”) DESCRIBES HOW YOUR PROTECTED HEALTH INFORMATION MAY BE USED AND DISCLOSED WHEN YOU USE SERVICES PROVIDED THROUGH PATIENTS MEDICAL PC. AND ITS AFFILIATED PRACTICES AND PROVIDERS. “Providers” are professionals contracted or employed by independently owned professional practices that contract with Patients Medical to provide certain healthcare services. Practices that are subject to this Notice include Patients Medical P.C. The Practices may disclose Protected Health Information (or “PHI”) (as defined by HIPAA) to Patients Medical in connection with its role as a business associate and for use consistent with this Notice. In this Privacy Notice, Patients Medical, the “Practices and Providers, collectively, may be referred to as, “Patients Medical ,” “us,” “we,” or “our”).
Patients Medical is committed to maintaining the privacy of your PHI. We are required by law to: (a) provide you with this Notice of our legal duties and privacy practices with respect to your PHI; (b) follow the terms of the Notice currently in effect; and (c) notify you if there is a breach of your PHI. We must also provide you with information regarding: (I) how we may use and disclose your PHI; (ii) your privacy rights; and (iii) our obligations concerning the use and disclosure of your PHI.
This Notice is NOT an authorization. It describes how we, our business associates, and their subcontractors may use and disclose your PHI to carry out treatment, payment, or health care operations, and for other purposes as permitted or required by law. It also describes your rights to access and control your PHI.
Patients Medical is permitted under federal law to use and disclose PHI for certain purposes, including treatment, payment, and health care operations. We do not need your permission for these uses or disclosures under applicable laws. The following are examples of the types of routine uses and disclosures of PHI that we are permitted to make without your permission. Although this list is not exhaustive, it should give you an idea of the routine uses and disclosures we are permitted to make without your permission.
For Treatment: We keep a record of your PHI, which may include lab results, diagnoses, medications, your response to medications or other therapies, and information we learn about your health by providing the Services. We may use and disclose this information and other PHI to provide, coordinate, and/or manage your treatment and inform you of treatment alternatives and other health related benefits, products and services that may be of interest to you. We may use and disclose this information and other PHI to health care professionals (including without limitation Providers) and/or other third parties to provide, coordinate, and manage the delivery of your health care. For example, we may disclose your PHI to a pharmacy to fill a prescription, to a laboratory to order a test, or to another specialist for consultation.
For Payment: We may use and disclose your PHI, as needed, to bill and obtain payment for the health care services provided to you. We may disclose your PHI to health care providers (including without limitation Providers), health plans, and health care clearinghouses for their payment activities. For example, we may use and disclose PHI about you to receive payment for our services, manage your account, and fulfill our responsibilities under your health plan.
For Health Care Operations: We may use or disclose your PHI to support the business activities of the Practices. These activities may include, but are not limited to, reviewing our treatment and services, improving the services we provide, training and evaluating the performance of our staff in providing services, and providing customer service. We may also use your PHI to evaluate and improve services provided by our business associates, including those that provide data assessment and management and other services for or on our behalf.
Patients Medical may use or disclose your PHI in the following situations without your authorization and without providing you an opportunity to object.
Required by the Secretary of Health and Human Services: We may be required to disclose your PHI to the Secretary of Health and Human Services to investigate or determine our compliance with the requirements of the HIPAA Privacy Rule.
Required By Law: We may use or disclose your PHI to the extent that the use or disclosure is required by federal, state, or local law.
Public Health: We may disclose your PHI for public health activities, such as tracking diseases and/or medical devices, which may include making disclosures to a public health authority or other government agency that is permitted by law to collect or receive the information (e.g., the Food and Drug Administration). These activities generally include the following: (a) to prevent or control disease, injury or disability; (b) to report births and deaths; (c) to report child abuse or neglect; (d) to report reactions to medications or problems with products; (e) to notify people of recalls of products they may be using; or (f) to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition. If we keep genetic testing information about you, we will release that information only to the state departments that monitor our work or if required by law to release that information.
Health Oversight: We may disclose PHI to a health oversight agency for oversight activities authorized by law, such as audits; civil, administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative, or criminal proceedings or actions; or other activities necessary for the oversight of the health care system, government benefit programs or entities subject to government regulations or civil rights laws. Oversight agencies include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.
Abuse or Neglect: If you have been a victim of abuse, neglect, or domestic violence, we may disclose your PHI to a government agency authorized to receive such information. In addition, we may disclose your PHI to a public health authority that is authorized by law to receive reports of child abuse or neglect.
Judicial and Administrative Proceedings: We may disclose your PHI in response to an order of a court or administrative tribunal, and, in certain conditions, in response to a subpoena, discovery request or other lawful process. (“in certain conditions in response – Traducción al español – ejemplos …”)
Law Enforcement: We may disclose your PHI, so long as applicable legal requirements are met, for law enforcement purposes, such as providing information to the police about the victim of a crime.
Coroners and Funeral Directors: We may disclose your PHI to a coroner, medical examiner, or funeral director if it is needed to perform their legally authorized duties – for example to identify a deceased person, determine a cause of death, or as authorized by law.
Organ Donation: If you are an organ donor, we may disclose your PHI to organ, eye or tissue donation or procurement organizations as necessary to facilitate organ, eye or tissue donation, procurement, or transplantation.
Research: Under certain circumstances, we may use and disclose your PHI for internal and external research purposes to, among other things, develop and improve our services and products. Under certain circumstances, we may disclose your PHI to organizations that support medical research or that find, investigate, or cure diseases.
Serious Threat to Health or Safety: We may disclose your PHI if we believe it is necessary to prevent a serious threat to the health or safety of a person or the public and it is to someone, we believe is able to prevent or lessen the threat.
Specialized Government Functions: When the appropriate conditions apply, we may disclose PHI for purposes related to military or national security concerns, such as for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits. If you are a member of the armed forces, we may release PHI about you as required by military command authorities. We may also release PHI about foreign military personnel to the appropriate foreign military authority. (“Concentra Notice of Privacy Practices”)
National Security and Intelligence Activities: We may disclose your PHI to authorized federal officials for intelligence, counterintelligence, protection of the President, other authorized persons, or foreign heads of state, for purpose of determining your own security clearance and other national security activities authorized by law.
Workers’ Compensation: We may disclose your PHI to workers’ compensation carriers or your employer if you are injured at work, as authorized by, or to the extent necessary, to comply with workers’ compensation laws and other similar programs. If you do not want workers’ compensation notified, alternate insurance or payment information must be supplied.
For Appointment Reminders and Health-Related Benefits and Services: We may use your demographic PHI to contact you as a reminder that you have an appointment or to recommend treatment options or alternatives that may be of interest to you. (“Notice of priority | Excel Care LA~TX”)
For Marketing Activities: We may use your PHI to contact you to encourage you to purchase or use a product or service. If we receive any direct or indirect payment for making such a communication, however, we would need your prior written permission to do so unless our communications (a) describes only a drug or medication that is currently being prescribed for you and our payment for the communication is reasonable in amount or (b) is made by one of our business partners consistent with our written agreement with such business partner.
Inmates: We may use or disclose your PHI to a correctional facility if you are an inmate of such correctional facility and we created or received your PHI in the course of providing care to you, which PHI may include information necessary for the correctional facility to provide you with health care or protect your health and safety, the health and safety of others, or the safety and security of the institution.
Business Associates: We may disclose your PHI to persons or entities who perform functions, activities, or services to us or on our behalf that require the use or disclosure of PHI.
De-identified Information: We may de-identify your PHI for any of the purposes described above. PHI that is de-identified in accordance with the HIPAA standards is no longer protected under HIPAA and may be used and disclosed for any lawful purpose, including certain research related purposes.
Unless you specifically object in whole or in part (which you may do at any time), Patients Medical may disclose to a member of your family, a relative, a friend, or any other person you identify (orally or in writing) as being involved in your care or the payment for your health care, such PHI that directly relates to that person’s involvement in your health care. If you are unable to agree or object to such disclosure, we may disclose the information that we deem necessary and in your best interest, based on our professional judgment.
Psychotherapy Notes: We must obtain your written authorization for most uses and disclosures of psychotherapy notes.
Marketing: We must obtain your written authorization to use and disclose your PHI for most marketing purposes (as defined by HIPAA), except as noted above.
Sale of PHI: We must obtain your written authorization for any disclosure of your PHI which constitutes a sale of PHI.
Other Uses: Uses and disclosures of your PHI not described above, or otherwise permitted by HIPAA, will be made only with your written authorization unless otherwise permitted or required by law. If you sign an authorization to release your PHI, you may revoke that authorization in writing. Revocation will stop any future release of your PHI but will not change what was released pursuant to the valid authorization.
To the extent required by law, when using or disclosing your PHI or when requesting your PHI from another covered entity, we will make reasonable efforts not to use, disclose or request more than a “limited data set” (as defined by HIPAA) of your medical information, or, if needed by us, no more than the minimum amount of medical information necessary to accomplish the intended purpose of the use, disclosure or request, taking into consideration practical and technological limitations.
To help improve your medical care, Patients Medical utilizes an electronic health record (“EHR”) to create, store and maintain your medical record. The EHR allows us to send and receive your PHI to and from other Providers who have treated you and who also use the EHR, but only if the reason we or another Provider seeks your PHI is also to provide you with treatment, obtain payment for your medical treatment, or to perform other administrative tasks permitted by our privacy policies and law. Providers will not send or receive your PHI through the EHR for any other purposes.
You have certain rights regarding your PHI as explained below. You may exercise these rights by submitting a request to info@PatientsMedical.com
If you are a California resident, you have the right to submit a 250-word addendum about anything in your record you disagree with. If you tell us to, we will put this addendum in your medical record. We may add a written rebuttal to the addendum, and we will supply you with a copy of this rebuttal.
Patients Medical will never require you to waive your rights under the HIPAA Privacy Rule or the HIPAA Breach Notification Rule as a condition for receiving services or treatment.
CHANGES TO THIS NOTICE
We reserve the right to modify this Notice and our privacy practices as described herein at any time. Any revision or amendment to this Notice will be effective for all your records that we created or maintained in the past and for any of your records that we may create or maintain in the future. Our current Notice will always be available on our website at www.PatientsMedical.comand you can request a paper copy at any time by emailing info@PatientsMedical.com
If you have questions about this Notice of Privacy Practices, you believe that we have violated your privacy rights, or you disagree with a decision we made about access to your PHI, please contact Patients Medical ’s Privacy Officer at info@PatientsMedical.com
We will not retaliate against you in any way for filing a complaint with us, the Secretary, or any state agency.