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Notice of Privacy
Practices
Effective April 14, 2003
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 ask to speak to our Privacy
Officer or call our
Privacy Officer at 973-233-1933.
This Notice
of Privacy Practices is provided to you as a requirement of the
Health Insurance Portability & Accountability Act (HIPAA).
It describes how we may use or disclose your protected health
information, with whom that information may be shared, and the
safeguards we have in place to protect it. This Notice also describes
your rights to access and amend your protected health information.
You have the right to approve or refuse the release of specific
information outside of our Practice except when the release is
required or authorized by law or regulation.
ACKNOWLEDGMENT
OF RECEIPT OF THIS NOTICE - You will
be asked to provide a signed acknowledgment of receipt of this
Notice. Our intent is to make you aware of the possible uses and
disclosures of your protected health information and your privacy
rights. The delivery of your health care services will in no way
be conditioned upon your signed acknowledgment. If you decline
to provide a signed acknowledgment, we will continue to provide
your treatment, and will use and disclose your protected health
information in accordance with law.
OUR
DUTIES TO YOU REGARDING PROTECTED HEALTH INFORMATION
"Protected health information" is individually identifiable
health information and includes demographic information (for example,
age, address, etc.), and relates to your past, present or future
physical or mental health or condition and related health care
services. Our Practice is required by law to do the following:
-
Keep
your protected health information private
-
Present
to you this Notice of our legal duties and privacy practices
related to the use and disclosure of your protected health
information
-
Follow
the terms of the Notice currently in effect
-
Communicate
to you any changes we may make in the Notice
We reserve
the right to change this Notice. Its effective date is at the
top of the first page and at the bottom of the last page. We reserve
the right to make the revised or changed notice effective for
health information we already have about you as well as any information
we receive in the future.
HOW
WE MAY USE OR DISCLOSE YOUR PROTECTED HEALTH INFORMATION
Following are examples of permitted uses and disclosures of your
protected health information. These examples are not exhaustive.
Required
Uses and Disclosures - By law, we must
disclose your health information to you unless it has been determined
by a health care professional that it would be harmful to you.
Even in such cases, we may disclose a summary of your health information
to certain of your authorized representatives specified by you
or by law. We must also disclose health information to the Secretary
of the U.S. Department of Health and Human Services (HHS) for
investigations or determinations of our compliance with laws on
the protection of your health information.
Treatment
- We will use and disclose your protected health
information to provide, coordinate or manage your health care
and any related services. This includes the coordination or management
of your health care with a third party. For example, we may disclose
your protected health information from time? to ?time to
another physician or health care provider (for example, a specialist,
pharmacist or laboratory) who, at the request of your physician,
becomes involved in your care. This includes pharmacists who may
be provided information on other drugs you have been prescribed
to identify potential interactions.
In emergencies,
we will use and disclose your protected health information to
provide the treatment you require.
Payment
- Your protected health information will be used,
as needed, to obtain payment for your health care services. This
may include certain activities we may need to undertake before
your health care insurer approves or pays for the health care
services recommended for you, such as determining eligibility
or coverage for benefits. For example, obtaining approval for
a surgical procedure might require that your relevant protected
health information be disclosed to obtain approval to perform
the procedure at a particular facility. We will continue to request
your authorization to share your protected health information
with your health insurer or third? party payer.
Health
Care Operations - We may use or disclose,
as needed, your protected health information to support our daily
activities related to providing health care. These activities
include billing, collection, quality assessment, licensing, and
staff performance reviews. For example, we may disclose your protected
health information to a billing agency in order to prepare claims
for reimbursement for the services we provide to you. We may call
you by name in the waiting room when your physician is ready to
see you. We may use or disclose your protected health information
as necessary to contact you to remind you of your appointment.
For example, we will contact you at your home telephone number
to remind you of your next appointment and/or mail a postcard
appointment reminder to your home address and from time to time
we may send you mailings regarding plastic surgery and our office.
We will
share your protected health information with other persons or
entities who perform various activities (for example, a transcription
service) for our Practices. These business associates of our Practice
will also be required to protect your health information. We may
use or disclose your protected health information, as necessary,
to provide you with information about treatment alternatives or
other health? related benefits and services that might interest
you. For example, your name and address may be used to send you
a newsletter about our Practice and our services.
Required
by Law - We may use or disclose your
protected health information if law or regulations requires the
use or disclosure.
Public
Health - We may disclose your protected
health information to a public health authority who is permitted
by law to collect or receive the information. For example, the
disclosure may be necessary to prevent or control disease, injury
or disability; report births and deaths; or report reactions to
medications or problems with products.
Communicable
Diseases - We may disclose your protected
health information, if authorized by law, to a person who might
have been exposed to a communicable disease or might otherwise
be at risk of contracting or spreading the disease or condition.
Health
Oversight - We may disclose protected
health information to a health oversight agency for activities
authorized by law, such as audits, investigations, and inspections.
These health oversight agencies might include government agencies
that oversee the health care system, government benefit programs,
other regulatory programs, or civil rights laws.
Food
and Drug Administration - We may disclose
your protected health information to a person or company required
by the Food and Drug Administration to report adverse events;
track products, enable product recalls; make repairs or replacements;
or conduct post? marketing review, as required.
Legal
Proceedings - We may disclose protected
health information during any judicial or administrative proceeding,
in response to a court order or administrative tribunal (if such
disclosure is expressly authorized), and in certain conditions
in response to a subpoena, discovery request, or other lawful
process.
Law
Enforcement - We may disclose protected
health information for law enforcement purposes, including responses
to legal proceedings; information requests for identification
and location; and circumstances pertaining to victims of a crime.
Coroners,
Funeral Directors, and Organ Donations -
We may disclose protected health information to coroners or medical
examiners for identification to determine the cause of death or
for the performance of other duties authorized by law. We may
also disclose protected health information to funeral directors
as authorized by law. Protected health information may be used
and disclosed for cadaveric organ, eye or tissue donations.
Research
- We may disclose protected health information
to researchers when authorized by law, for example, if their research
has been approved by an institutional review board that has reviewed
the research proposal and established protocols to ensure the
privacy of your protected health information.
Threat
to Health or Safety - Under applicable
Federal and State laws, we may disclose your protected health
information to law enforcement or another health care professional
if we believe in good faith that its use or disclosure is necessary
to prevent or lessen a serious and imminent threat to the health
or safety of a person or the public. We may also disclose protected
health information if it is necessary for law enforcement authorities
to identify or apprehend an individual.
Military
Activity and National Security - When
the appropriate conditions apply, we may use or disclose protected
health information of individuals who are Armed Forces personnel
for activities believed necessary by appropriate military command
authorities to ensure the proper execution of the military mission,
including determination of fitness for duty; or to a foreign military
authority if you are a member of that foreign military service.
We may also disclose your protected health information, under
specified conditions, to authorized Federal officials for conducting
national security and intelligence activities including protective
services to the President or others.
Workers' Compensation - We may disclose your protected
health information to comply with workers' compensation laws and
other similar legally established programs.
Inmates
- We may use or disclose your protected
health information, under certain circumstances, if you are an
inmate of a correctional facility.
Parental
Access - State laws concerning minors
permit or require certain disclosure of protected health information
to parents, guardians, and persons acting in a similar legal status.
We will act consistently with the laws of this State (or, if you
are treated by us in another state, the laws of that state) and
will make disclosures following such laws.
USES
AND DISCLOSURES OF PROTECTED HEALTH INFORMATION REQUIRING YOUR
PERMISSION
In some
circumstances, you have the opportunity to agree or object to
the use or disclosure of all or part of your protected health
information. Following are examples in which your agreement or
objection is required.
Individuals
Involved in Your Health Care - Unless
you object, we may disclose to a member of your family, a relative,
a close friend, or any other person you identify, your protected
health information that directly relates to that person's involvement
in your health care. We may also give information to someone who
helps pay for your care. Additionally, we may use or disclose
protected health information to notify or assist in notifying
a family member, personal representative, or any other person
who is responsible for your care, of your location, general condition,
or death. Finally, we may use or disclose your protected health
information to an authorized public or private entity to assist
in disaster relief efforts and coordinate uses and disclosures
to family or other individuals involved in your health care.
YOUR
RIGHTS REGARDING YOUR HEALTH INFORMATION
You m ay
exercise the following rights by submitting a written request
to our Privacy Officer. Our Privacy Officer can guide you in pursuing
these options. Please be aware that our Practice may deny your
request; however, in most cases you may seek a review of the denial.
Right
to Inspect and Copy - You may inspect
and/or obtain a copy of your protected health information that
is contained in a "designated record set" for as long
as we maintain the protected health information. A designated
record set contains medical and billing records and any other
records that our Practice uses for making decisions about you.
This right does not include inspection and copying of the following
records: psychotherapy notes; information compiled in reasonable
anticipation of, or use in, a civil, criminal or administrative
action or proceeding; and protected health information that is
subject to a law that prohibits access to protected health information.
You will be charged a fee for a copy of your record and we will
advise you of the exact fee at the time you make your request.
We may offer to provide a summary of your information and, if
you agree to receive a summary, we will advise you of the fee
at the time of your request.
Right
to Request Restrictions - You may ask
us not to use or disclose any part of your protected health information
for treatment, payment or health care operations. Your request
must be made in writing to our Privacy Officer. In your request,
you must tell us: (1) what information you want restricted; (2)
whether you want to restrict our use or disclosure, or both; (3)
to whom you want the restriction to apply, for example, disclosures
to your spouse; and (4) an expiration date.
If we believe
that the restriction is not in the best interests of either party,
or that we cannot reasonably accommodate the request, we are not
required to agree to your request. If the restriction is mutually
agreed upon, we will not use or disclose your protected health
information in violation of that restriction, unless it is needed
to provide emergency treatment.
You may
revoke a previously agreed upon restriction, at any time, in writing.
Right
to Request Alternative Confidential Communications
- You may request that we communicate with you
using alternative means or at an alternative location. We will
not ask you the reason for your request. We will accommodate reasonable
requests, when possible.
Right
to Request Amendment - If you believe
that the information we have about you is incorrect or incomplete,
you may request an amendment to your protected health information
as long as we maintain this information. While we will accept
requests for amendment, we are not required to agree to the amendment.
Right
to an Accounting of Disclosure - You
may request that we provide you with an accounting of the disclosures
we have made of your protected health information. This right
applies to disclosures made for purposes other than treatment,
payment or health care operations as described in this Notice
and excludes disclosures made directly to you, to others pursuant
to an authorization from you, to family members or friends involved
in your care, or for notification purposes. The accounting will
only include disclosures made on or after April 14, 2003, and
no more than 6 years prior to the date of your request. The right
to receive this information is subject to additional exceptions,
restrictions, and limitations as described earlier in this Notice.
Right
to Obtain a Copy of this Notice - You
may obtain a paper copy of this Notice from us by requesting one
or view it or down load it electronically at our Practice's website
at www.psg1.com
Special
Protections - This Notice is provided
to you as a requirement of HIPAA. There are several other privacy
laws that also apply to HIV? related information, mental health
information, and substance abuse information. These laws have
not been superseded and have been taken into consideration in
developing our policies and this Notice.
Complaints
- If you believe these privacy rights have been
violated, you may file a written complaint with our Privacy Officer
or with the U.S. Department of Health and Human Services' Office
for Civil Rights. We will provide their address upon your request.
No retaliation will occur against you for filing a complaint.
CONTACT
INFORMATION: Our Privacy Officer is
our office manager and can be contacted at this office or by calling
our telephone number: 973-233-1933 You may contact our
Privacy Officer for further information about our complaint process
or for further explanation of this Notice of Privacy Practices.
You may also email questions to our Privacy Officer at
admin@psg1.com
This Notice is effective in its entirety as of April 14, 2003.
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