THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. THE PRIVACY OF YOUR HEALTHCARE INFORMATION IS IMPORTANT TO US. This Notice describes how we will use and disclose your Protected Health Information (PHI) to provide treatment, obtain payment and conduct health care operations and for other purposes permitted or required by law. It also describes your rights concerning your PHI. PHI is information about you, including demographic information that may identify you and related to your past, present, or future physical or mental health or condition and related health care services. We are required by law to maintain the privacy of PHI and to provide you with notice of our legal duties with respect to PHI. We are required to abide by the terms of the Notice of Privacy Practices (NPP). We may change the terms of our notice, at any time. The new notice will be effective for all PHI that we maintain at that time. Upon your request, we will provide you with any revised NPP by accessing our web site at www.horizoneye.com, 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.
You may obtain a copy of our NPP at any time by calling our office or requesting one at your next appointment.
USES AND DISCLOSURES OF HEALTH INFORMATION
TREATMENT
We will use and disclose your health information to provide, coordinate and manage health care related services for you. For example, we will disclose information to a specialist to whom you have been referred to ensure the provider has enough information to diagnose and/or treat you. We may also disclose information to a laboratory that, at our request, becomes involved in your treatment.
PAYMENT
We may use and disclose your information to obtain payment for services we provided to you. For example, we will send the necessary information to your health insurance company to obtain payment for the treatment provided and we will send billing statements to the designated party.
HEALTHCARE OPERATIONS
We will use and disclose your health information to conduct the business activities of this office. These activities include, but are not limited to, quality assessment and improvement activities, review of the performance and qualifications of employees, evaluating practitioner and provider performance, conducting training programs, accreditation, certification, licensing or credentialing activities. Other business activities may include: appointment confirmations by phone and postcards and leaving messages with other persons regarding appointments, etc. We may also leave messages on an automated answering device. We may use a sign-in sheet at the registration desk where you will be asked to sign your name. We may also call you by name in the waiting room when we are ready to begin your treatment. We will share your PHI with business associates that perform specific functions for our practice such as billing. When a business arrangement of this type requires the use of your information, we will have a written contract with a third party to protect the privacy of your PHI.
We may use or disclose your PHI, 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 PHI 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 Officer to request that these materials not be sent to you.
OTHERS INVOLVED IN YOUR HEALTHCARE
We must disclose your health information to use as described in the Patient Rights section of this Notice. We may disclose your health information to a family member or other person to the extent necessary to help with your health care or with payment for your health care, but only if you agree. If we determine it is in your best interest based on our professional judgement or experience with common practices, we may allow another person to pick up filled prescriptions, medical supplies, x-rays or other forms of health information.
We may use or disclose PHI to notify or assist in notifying a family member, a personal representative or any other person responsible for your care of your location, general condition or death. If you are present prior to the use or disclosure of your PHI, we will provide you with the opportunity to object to such uses or disclosures. Finally, we may use or disclose your PHI to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family members or others involved in your health care.
Emergencies: In the event of your incapacity or in emergency circumstances, we may use or disclose your PHI to treat you. Uses and disclosures of PHI based upon your written authorization: Other uses and disclosures of your PHI 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 an action has already been taken in reliance on the authorization. Other permitted and required uses and disclosures that may be made without your consent, authorization or opportunity to object: We may use or disclose your PHI in the following situations without your consent or authorization. These situ¬ations include:
REQUIRED BY LAW
We may use or disclose your PHI to the extent that law requires the use or disclosure. The use or disclosure in compliance with the law and will be limited to the relevant requirements of the law.
We must make disclosures to you and, when required, to the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements of the Privacy Rule, Section 164.500et. seq.
PUBLIC HEALTH
We may disclose your PHI 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. Additionally, we may disclose your PHI 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.
We may disclose PHI 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 PHI to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your PHI 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.
LEGAL PROCEEDINGS
We may disclose PHI 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 PHI, 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 request 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.
MILITARY ACTIVITY AND NATIONAL SECURITY
When the appropriate conditions apply, we may disclose, to military authorities, PHI of individuals who are Armed Forces personnel. We may also disclose your PHI to authorized federal officials for conducting national security and intelligence activity including for the provision of protective services to the President or others legally authorized.
Workers’ Compensation: We may disclose your PHI as authorized to comply with workers’ compensation laws and other similar legally estab¬lished programs.
INMATES
We may use or disclose your PHI if you are an inmate of a correctional facility and your physician created or received your PHI in the course of providing care to you.
YOUR RIGHTS
Your rights with respect to your PHI and how you may exercise those rights are outlined below.
You have a right to obtain a copy and/or inspect your health information: Health information includes treatment records, billing records and any other records used by us to make decisions about your treatment. You may obtain a form from our office to request access.
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 administration action or proceeding, and PHI that is subject to law that prohibits access to PHI. Depending on the circumstances, a decision to deny access may be reviewable. A reasonable cost-based fee will be charged for expenses such as staff time, copies and postage. Contact us as indicated at the end of this Notice to obtain information about our fees or if you have any questions about your access.
You have a right to request a restriction on the use and disclosure of your PHI: you may ask us not to use or disclose some part of your PHI for the purposes of treatment, payment or operations. You may also request that we do not disclose some part of your information to family and others who may be involved in your care or for notification purposes as otherwise described in this Notice. We are not required to agree to the restrictions but if we do, we are obligated to abide by the agreement except in cases of emergency. You may request a restriction by sending your request in writing to our Privacy Officer.
You have a right to request to receive confidential communications 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. Please make this request in writing to our Privacy Officer.
You may have the right to request an amendment to your PHI. You may request that we amend PHI about you. Your request must be in writing with an explanation as to why the information should be amended. 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. We may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.
You have the right to receive an accounting of certain disclosures we have made, if any, of your PHI. This right applies to disclosures made by our Business Associates or us. It excludes disclosures for treatment, payment or health care operations as described in this NPP, to you, to family members or friends involved in your care, for notification purposes or as a result of an authorization signed by you. You have the right to receive specific information regarding these disclosures that occurred after April 14, 2003 for up to the previous six years. You may request a shorter timeframe. The right to receive this information is subject to certain exceptions, restrictions and limitations. If you request an accounting more than once in a 12 month period, we will charge you a reasonable cost-based fee for responding to the additional request. 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.
QUESTIONS AND COMPLAINTS
If you have any questions, concerns or want more information about our privacy practices please contact us using the information below. If you are concerned that we may have violated your privacy rights or you disagree with a decision we have made regarding your access to your health information or any other request you have made in the exercise of your rights, you may send your complaint to us using the information below. You may also submit a written complaint to the Secretary of Health and Human Services. Contact us for the address of the Department of Health and Human Services. We support your right to the privacy of your health information and we will not retaliate against you in any way for filing a complaint.
CONTACT OUR OFFICE
Horizon Eye Care, P.A.
Attn: Privacy Officer
135 South Sharon Amity, Suite 100
Charlotte, NC 28211
Phone: 704-365-0555
Fax: 704-405-4097
www.horizoneye.com
This notice was published and becomes effective on 4/1/08
