Dear Patient:
Following are rules and regulations known as HIPAA—Health
Insurance Portability and Accountability Act, mandated by our government
in an attempt to protect your rights.
Let it be known that Dr.Schultz and Dr.Melville have
always followed privacy rules and regulations all of their medical careers
which spans some 30 plus years.
We take it as an affront that a group of lawyers feel
they need or have the right to regulate our honored profession. A
profession where the patient-doctor relationship has always been as
privileged as that of the clergy.
What bothers us, is the out right infringement on your
freedom that these rules embody. No where in medicine has it ever been
spelled out that law enforcement or “homeland security” can invade
your privacy...well the HIPAA does.
HIPAA also contains language referring to physicians
caring for people under one big data base controlled by the government. I
don’t know about you, but this just sends shivers of Brave New World up
and down our spines!
My worry is not that NEWS will utilize your health
information in an unprofessional way, my worry is that the government
will.
If you feel, as we do, that this is just the beginning
of things to come, please write your congress people and complain.
In wanting to feel secure, we need to be sure we don’t
give up the freedoms that our kin-folk died for in past wars.
_________________________
NOTICE OF FEDERALLY MANDATED PRIVACY
PRACTICES FOR MEDICAL OFFICES
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 the Billing
Staff of our office at 706.769.0720.
WHO WILL FOLLOW THIS NOTICE
This notice describes information about privacy practices followed by our
employees, staff and other office personnel.
YOUR HEALTH INFORMATION
This notice applies to the information and records we have about your
health, health status, and the healthcare and services you receive at this
office.
We are required by law to give you this notice. It will tell you about the
ways in which we may use and disclose health information about you and
describes your rights and our obligations regarding the use and disclosure
of that information.
HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU
We must have your written, signed Consent to use and disclose health
information for the following purposes:
For Treatment.
We may use health information about you to provide you with medical
treatment or services. We may disclose health information about you to
doctors, nurses, technicians, office staff or other personnel who are
involved in taking care of you and your health.
Different personnel in our office may share information about you and
disclose information to people who do not work in our office in order to
coordinate your care, such as phoning in prescriptions to your pharmacy,
scheduling lab work and ordering X-rays.
Family members and other healthcare providers may be part of your medical
care [outside this office] and may require information about you that we
have.
For Payment.
We may use and disclose health information about you so that the treatment
and services you receive at this office may be billed to and payment may
be collected from you, an insurance company or a third party. For example,
we may need to give your health plan information about a service you
received here so your health plan will pay us or reimburse you for the
service. We may also tell your health plan about a treatment you are going
to receive to obtain prior approval, or to determine whether your plan
will cover the treatment. We may also share portions of your medical
information with the following: billing departments and/or credit bureaus.
For Healthcare Operations.
We may use and disclose health information about you in order to run the
office and make sure that you and our other patients receive quality care.
For example, we may use your health information to evaluate the
performance of our staff in caring for you. We may also use health
information about all or many of our patients to help us decide what
additional services we should offer, how we can become more efficient, or
whether certain new treatments are effective.
Appointment Reminders.
We may contact you as a reminder that you have an appointment for
treatment or medical care at the office.
Treatment Alternatives.
We may tell you about or recommend possible treatment options or
alternatives that may be of interest to you.
Health-Related Products and Services.
We may tell you about health-related products or services that may be of
interest to you.
Please notify us if you do not wish to be contacted for appointment
reminders, or if you do not wish to receive communications about treatment
alternatives or health-related products and services. If you advise us in
writing (at the address listed at the top of this Notice) that you do not
wish to receive such communications, we will not use or disclose your
information for these purposes.
REVOKING CONSENT
You may revoke your Consent at any time by giving us written notice. Your
revocation will be effective when we receive it, but it will not apply to
any uses and disclosures that occurred before that time.
If you do revoke your Consent, we will not be permitted to use or disclose
information for purposes of treatment, payment or healthcare operations,
and we may therefore choose to discontinue providing you with healthcare
treatment and services.
SPECIAL SITUATIONS:
We may use or disclose health information about you without your
permission for the following purposes, subject to all applicable legal
requirements and limitations:
To Avert a Serious Threat to Health or Safety.
We may use and disclose health information about you when necessary to
pre vent a serious threat to your health and safety or the health and
safety of the public or another person.
Required By Law. We
will disclose health information about you when required to do so by
federal, state or local law.
Research.
We may use and disclose health information
about you for research projects that are subject to a special approval
process. We will ask you for your permission if the researcher will have
access to your name, address or other information that reveals who you
are, or will be involved in your care at the office.
Organ and Tissue Donation.
If you are an organ donor, we may release health
information to organizations that handle organ procurement or organ, eye
or tissue transplantation or to an organ donation bank, as necessary to
facilitate such donation and transplantation.
Military, Veterans, National Security and Intelligence.
If you are or were a member of the armed forces, or part of the national
security or intelligence communities, we may be required by military
command or other government authorities to release health information
about you. We may also release information about foreign military
personnel to the appropriate foreign military authority.
Worker’s Compensation.
We may release health information about you for workers' compensation or
similar programs. These programs provide benefits for work-related
injuries or illness.
Public Health Risks.
We may disclose health information about you for public health reasons in
order to prevent or control disease, injury or disability; or report
births, deaths, suspected abuse or neglect, non-accidental physical
injuries, reactions to medications or problems with products.
Health Oversight Activities.
We may disclose health information to a health oversight agency for
audits, investigations, inspections, or licensing purposes. These
disclosures may be necessary for certain state and federal agencies to
monitor the healthcare system, government programs, and compliance with
civil rights laws.
Lawsuits and Disputes.
If you are involved in a lawsuit or a dispute, we may disclose health
information about you in response to a court or administrative order.
Subject to all applicable legal requirements, we may also disclose health
information about you in response to a subpoena. This is to include
defense of medical professional liability claims asserted by patients.
Law Enforcement.
We may release health information if asked to do so by a law enforcement
official in response to 1) a court order, subpoena, warrant, summons or
similar process, subject to all applicable legal requirements; 2) limited
information to identify or locate a suspect, fugitive, material witness,
or missing person; 3) about the victim of a crime even if, under certain
very limited circumstances, we are unable to obtain the person’s
agreement; 4) about a death we believe may be the result of criminal
conduct; 5) about criminal conduct on our premises; and 6) in an emergency
to report a crime, the location of the crime or victims, or the identity,
description or location of the person who committed the crime.
National Security and Intelligence Activities.
We may release Health Information to
authorized federal officials for intelligence, counter-intelligence, and
other national security activities authorized by law.
Protective Services for the President and Others.
We may disclose Health Information to authorized federal officials so they
may provide protection to the President, other authorized persons, or
foreign heads of state, or to conduct special investigations.
Inmates or Individuals in Custody.
If you are an inmate of a correctional institution or under the custody of
a law enforcement official, we may release Health Information to the
correctional institution or law enforcement official. This release would
be if necessary: 1) for the institution to provide you with health care;
2) to protect your health and safety or the health and safety of others;
or 3) the safety and security of the correctional institution.
Coroners, Medical Examiners and Funeral Directors.
We may release health information to a coroner or medical examiner. This
may be necessary, for example, to identify a deceased person or determine
the cause of death.
Information Not Personally Identifiable.
We may use or disclose health information about you in a way that does not
personally identify you or reveal who you are.
Family and Friends.
We may disclose health information about you
to your family members or friends if we obtain your verbal agreement to do
so or if we give you an opportunity to object to such a disclosure and you
do not raise an objection. We may also disclose health information to your
family or friends if we can infer from the circumstances, based on our
professional judgment, that you would not object. For example, we may
assume you agree to our disclosure of your personal health information to
your spouse when you bring your spouse with you into the exam room
during treatment or while treatment is discussed.
In situations where you are not capable of giving consent (because you are
not present or due to your incapacity or medical emergency), we may, using
our professional judgment, determine that a disclosure to your family
member or friend is in your best interest. In that situation, we will
disclose only health information relevant to the person's involvement in
your care. For example, we may inform the person who accompanied you to
the emergency room that you suffered a heart attack and provide updates on
your progress and prognosis. We may also use our professional judgment and
experience to make reasonable inferences that it is
in your best interest to allow another person to act on your behalf to
pick up, for example, filled prescriptions, medical supplies, or X-rays.
OTHER USES AND DISCLOSURES OF HEALTH INFORMATION:
We will not use or disclose your health information for any purpose other
than those identified in the previous sections without your specific,
written Authorization. We must obtain your Authorization separate
from any Consent we may have obtained from you. If you give us Authorization
to use or disclose health information about you, you may revoke that Authorization,
in writing, at any time. If you revoke your Authorization, we
will no longer use or disclose information about you for the reasons
covered by your written Authorization, but we cannot take back any
uses or disclosures already made with your permission.
If we have HIV or substance abuse information about you, we cannot release
that information without a special signed, written authorization
(different than the Authorization and Consent mentioned above) from
you. In order to disclose these types of records for purposes of
treatment, payment or healthcare operations, we will have to have both
your signed Consent and a special written Authorization that
complies with the law governing HIV or substance abuse records.
YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU
You have the following rights regarding health information we maintain
about you:
Right to Inspect and Copy.
You have the right to inspect and copy your health information, such as
medical and billing records, that we use to make decisions about your
care. You must submit a written request to News's Billing Staff in
order to inspect and/or copy your health information. If you request a
copy of the information, we may charge a fee for the costs of copying,
mailing or other associated supplies. We may deny your request to inspect
and/or copy in certain limited circumstances. If you are denied access to
your health information, you may ask that the denial be reviewed. If such
a review is required by law, we will select a licensed healthcare
professional to review your request and our denial. The person conducting
the review will not be the person who denied your request, and we will
comply with the outcome of the review.
Right to Amend.
If you believe health information we have about
you is incorrect or incomplete, you may ask us to amend the information.
You have the right to request an amendment as long as the information is
kept by this office.
To request an amendment, complete and submit a Medical Record
Amendment/Correction Form to News's Billing Staff. We may deny your
request for an amendment if it is not in writing or does not include a
reason to support the request.
In addition, we may deny your request if you ask us to amend information
that:
a) We did not create, unless the person or entity that
created the information is no longer available to make the amendment.
b) Is not part of the health information that we keep.
c) You would not be permitted to inspect and copy.
d) Is accurate and complete.
Right to an Accounting of Disclosures.
You have the right to request an "accounting of disclosures."
This is a list of the disclosures we made of medical information about you
for purposes other than treatment, payment and healthcare operations. To
obtain this list, you must submit your request in writing to News's
Billing Staff. It must state a time period, which may not be longer
than six years and may not include dates before April 14, 2003. Your
request should 'indicate in what form you want the list (for example, on
paper or electronically). We may charge you for the costs of providing the
list. We will notify you of the cost involved and you may choose to
withdraw or modify your request at that time before any costs are
incurred.
Right to Request Restrictions.
You have the right to request a restriction or limitation on the health
information we use or disclose about you for treatment, payment or
healthcare operations. You also have the right to request a limit on the
health information we disclose about you to someone who is involved in
your care or the payment for it, like a family member or friend. For
example, you could ask that we not use or disclose information about a
surgery you had.
We are Not Required to Agree to Your Request.
If we do agree, we will comply with your
request unless the information is needed to provide you emergency
treatment.
To request restrictions, you may complete and submit the Request For
Restriction On Use/Disclosure Of Medical Information to News's Billing
Staff.
Right to Request Confidential Communications.
You have the right to request that we communicate with you about medical
matters in a certain way or at a certain location. For example, you can
ask that we only contact you at work or by mail.
To request confidential communications, you may complete and submit the
Request For Restriction On Use/Disclosure Of Medical Information And/Or
Confidential Communication to News's Billing Staff. We will not ask
you the reason for your request. We will accommodate all reasonable
requests. Your request must specify how or where you wish to be contacted.
Right to a Paper Copy of This Notice.
You have the right to a paper copy of this notice. You may ask us to give
you a copy of this notice at any time. Even though you can obtain it
electronically from our website [www.noaw.com], you are still entitled to
a paper copy. To obtain such a copy, contact News's Billing Staff.
CHANGES TO THIS NOTICE
We reserve the right to change this notice, and to make the revised or
changed notice effective for medical information we already have about you
as well as any information we receive in the future.
COMPLAINTS
If you believe your privacy rights have been violated, you may file a
complaint with our office or with the Secretary of the Department of
Health and Human Services. To file a complaint with our office, contact News's
Billing Staff. You will not be penalized for filing a complaint.
EFFECTIVE DATE OF THIS NOTICE:
This Notice of Privacy Practices is effective on April 14, 2003.