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HIPAA INFORMATION
Below
is our notice of privacy to our patients as mandated by new HIPAA
federal regulations. Please read this document and be prepared
to receive this document in the office along with the Aknowledgement
of Receipt. As much of this material is new to you it would be
helpful to read this in advance.
PEDIATRIC
SPECIALISTS OF FOXBOROUGH & WRENTHAM
Notice
Of Privacy Practices
As
Required by the Privacy Regulations Created as a Result of the
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
THIS
NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU (AS A PATIENT
OF THIS PRACTICE ) MAY BE USED AND DISCLOSED, AND HOW YOU CAN
GET ACCESS TO YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY.
A.
OUR COMMITMENT TO YOUR PRIVACY
Our
practice is dedicated to maintaining the privacy of your protected
health information (PHI). In conducting our business, we will
create records regarding you and the treatment and services we
provide to you. We are required by law to maintain the confidentiality
of health information that identifies you. We also are required
by law to provide you with this notice of our legal duties and
the privacy practices that we maintain in our practice concerning
your PHI. By federal and state law, we must follow the terms of
the notice of privacy practices that we have in effect at the
time.
We
realize that these laws are complicated, but we must provide you
with the following important information:
How we may use and disclose your PHI
Your privacy rights in regard to your PHI
Our obligations concerning the use and disclosure of your PHI
The
terms of this notice apply to all records containing your PHI
that are created or retained by our practice. We reserve the right
to revise or amend this Notice of Privacy Practices. Any revision
or amendment to this notice will be effective for all of your
records that our practice has created or maintained in the past,
and for any of your records that we may create or maintain in
the future. Our practice will post a copy of our current Notice
in our offices in a visible location at all times, and you may
request a copy of our most current Notice at any time. It will
also be available on our website at www.pediatricspec.com.
B.
IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:
Pediatric
Specialists
132
Central St.
Foxborough,
MA 02035
508-543-6306
C.
WE MAY USE AND DISCLOSE YOUR PROTECTED HEALTH INFORMATION (PHI)
IN THE FOLLOWING WAYS (The following categories describe
the different ways in which we may use and disclose your PHI.)
1.
Treatment . Our practice may use your PHI to treat you.
For example, we may ask you to have laboratory tests (such as
blood or urine tests), and we may use the results to help us reach
a diagnosis. We might use your PHI in order to write a prescription
for you, or we might disclose your PHI to a pharmacy when we order
a prescription for you. Many of the people who work for our practice
– including, but not limited to, our doctors and nurses – may
use or disclose your PHI in order to treat you or to assist others
in your treatment. Additionally, we may disclose your PHI to others
who may assist in your care, such as your spouse, children or
parents.
2.
Payment . Our practice may use and disclose your PHI
in order to bill and collect payment for the services and items
you may receive from us. For example, we may contact your health
insurer to certify that you are eligible for benefits (and for
what range of benefits), and we may provide your insurer with
details regarding your treatment to determine if your insurer
will cover, or pay for, your treatment. We also may use and disclose
your PHI to obtain payment from third parties that may be responsible
for such costs, such as family members. Also, we may use your
PHI to bill you directly for services and items.
3.
Health Care Operations . Our practice may use and disclose
your PHI to operate our business. As examples of the ways in which
we may use and disclose your information for our operations, our
practice may use your PHI to evaluate the quality of care you
received from us, or to conduct cost-management and business planning
activities for our practice.
4.
Appointment Reminders . Our practice may use and disclose
your PHI to contact you and remind you of an appointment.
5.
Treatment Options . Our practice may use and disclose
your PHI to inform you of potential treatment options or alternatives.
6.
Health-Related Benefits and Services . Our practice may
use and disclose your PHI to inform you of health-related benefits
or services that may be of interest to you.
7.
Release of Information to Family/Friends . Our practice
may release your PHI to a friend or family member that is involved
in your care, or who assists in taking care of you. For example,
a parent or guardian may ask that a babysitter take their child
to the pediatrician’s office for treatment of a cold. In this
example, the babysitter may have access to this child’s medical
information.
8.
Disclosures Required By Law . Our practice will use and
disclose your PHI when we are required to do so by federal, state
or local law.
D.
USE AND DISCLOSURE OF YOUR PHI IN CERTAIN SPECIAL CIRCUMSTANCES
(The
following categories describe unique scenarios in which we may
use or disclose your identifiable health information.)
1.
Public Health Risks . Our practice may disclose your
PHI to public health authorities that are authorized by law to
collect information for the purpose of:
maintaining vital records, such as births and deaths
reporting child abuse or neglect
preventing or controlling disease, injury or disability
notifying a person regarding potential exposure to a communicable
disease
notifying a person regarding a potential risk for spreading or
contracting a disease or condition
reporting reactions to drugs or problems with products or devices
notifying individuals if a product or device they may be using
has been recalled
notifying appropriate government agency( ies ) and authority(
ies ) regarding the potential abuse or neglect of an adult patient
(including domestic violence); however, we will only disclose
this information if the patient agrees or we are required or authorized
by law to disclose this information
notifying your employer under limited circumstances related primarily
to workplace injury or illness or medical surveillance.
2.
Health Oversight Activities . Our practice may disclose
your PHI to a health oversight agency for activities authorized
by law. Oversight activities can include, for example, investigations,
inspections, audits, surveys, licensure and disciplinary actions;
civil, administrative, and criminal procedures or actions; or
other activities necessary for the government to monitor government
programs, compliance with civil rights laws and the health care
system in general.
3.
Lawsuits and Similar Proceedings . Our practice may use
and disclose your PHI in response to a court or administrative
order, if you are involved in a lawsuit or similar proceeding.
We also may disclose your PHI in response to a discovery request,
subpoena, or other lawful process by another party involved in
the dispute, but only if we have made an effort to inform you
of the request or to obtain an order protecting the information
the party has requested.
4.
Law Enforcement . We may release PHI if asked to do so
by a law enforcement official:
Regarding a crime victim in certain situations, if we are unable
to obtain the person’s agreement
Concerning a death we believe has resulted from criminal conduct
Regarding criminal conduct at our offices
In response to a warrant, summons, court order, subpoena or similar
legal process
To identify/locate a suspect, material witness, fugitive or missing
person
In an emergency, to report a crime (including the location or
victim(s) of the crime, or the description, identity or location
of the perpetrator)
5.
Deceased Patients . Our practice may release PHI to a
medical examiner or coroner to identify a deceased individual
or to identify the cause of death. If necessary, we also may release
information in order for funeral directors to perform their jobs.
6.
Organ and Tissue Donation . Our practice may release
your PHI to organizations that handle organ, eye or tissue procurement
or transplantation, including organ donation banks, as necessary
to facilitate organ or tissue donation and transplantation if
you are an organ donor.
7.
Research . Our practice may use and disclose your PHI
for research purposes in certain limited circumstances. We will
obtain your written authorization to use your PHI for research
purposes except when : (a) our use or disclosure was approved
by an Institutional Review Board or a Privacy Board; (b) we obtain
the oral or written agreement of a researcher that ( i ) the information
being sought is necessary for the research study; (ii) the use
or disclosure of your PHI is being used only for the research
and (iii) the researcher will not remove any of your PHI from
our practice; or (c) the PHI sought by the researcher only relates
to decedents and the researcher agrees either orally or in writing
that the use or disclosure is necessary for the research and,
if we request it, to provide us with proof of death prior to access
to the PHI of the decedents.
8.
Serious Threats to Health or Safety . Our practice may
use and disclose your PHI when necessary to reduce or prevent
a serious threat to your health and safety or the health and safety
of another individual or the public. Under these circumstances,
we will only make disclosures to a person or organization able
to help prevent the threat.
Military . Our practice may disclose your PHI
if you are a member of U.S. or foreign
military
forces (including veterans) and if required by the appropriate
authorities.
10.
National Security . Our practice may disclose your PHI
to federal officials for intelligence and national security activities
authorized by law. We also may disclose your PHI to federal officials
in order to protect the President, other officials or foreign
heads of state, or to conduct investigations.
11.
Inmates . Our practice may disclose your PHI to correctional
institutions or law enforcement officials if you are an inmate
or under the custody of a law enforcement official. Disclosure
for these purposes would be necessary: (a) for the institution
to provide health care services to you, (b) for the safety and
security of the institution, and/or (c) to protect your health
and safety or the health and safety of other individuals.
12.
Workers’ Compensation . Our practice may release your
PHI for workers’ compensation and similar programs.
E.
YOUR RIGHTS REGARDING YOUR PHI (You have the following rights
regarding the PHI that we maintain about you.)
1.
Confidential Communications . You have the right to request
that our practice communicate with you about your health and related
issues in a particular manner or at a certain location. For instance,
you may ask that we contact you at home, rather than work. In
order to request a type of confidential communication, you must
make a written request to Pediatric Specialists, 132
Central St., Foxboro, MA 02035 specifying the requested
method of contact, or the location where you wish to be contacted.
Our practice will accommodate reasonable requests.
You do not need to give a reason for your request.
2.
Requesting Restrictions . You have the right to request
a restriction in our use or disclosure of your PHI for treatment,
payment or health care operations. Additionally, you have the
right to request that we restrict our disclosure of your PHI to
only certain individuals involved in your care or the payment
for your care, such as family members and friends. We
are not required to agree to your request ; however,
if we do agree, we are bound by our agreement except when otherwise
required by law, in emergencies, or when the information is necessary
to treat you. In order to request a restriction in our use or
disclosure of your IIHI, you must make your request in writing
to Pediatric Specialists, 132 Central St., Foxboro,
MA 02035, 508-543-6306 . Your request must describe
in a clear and concise fashion:
the information you wish restricted;
whether you are requesting to limit our practice’s use, disclosure
or both; and
to whom you want the limits to apply.
3.
Inspection and Copies . You have the right to inspect
and obtain a copy of the PHI that may be used to make decisions
about you, including patient medical records and billing records,
but not including psychotherapy notes. You must submit your request
in writing to Pediatric Specialists, 132 Central St.,
Foxboro, MA 02035, 508-543-6306 in order to inspect
and/or obtain a copy of your PHI. Our practice may charge a fee
for the costs of copying, mailing, labor and supplies associated
with your request. Our practice may deny your request to inspect
and/or copy in certain limited circumstances; however, you may
request a review of our denial. Another licensed health care professional
chosen by us will conduct reviews.
4.
Amendment . You may ask us to amend your health information
if you believe it is incorrect or incomplete, and you may request
an amendment for as long as the information is kept by or for
our practice. To request an amendment, your request must be made
in writing and submitted to Pediatric Specialists,
132 Central St., Foxboro, MA 02035, 508-543-6306 . You
must provide us with a reason that supports your request for amendment.
Our practice will deny your request if you fail to submit your
request (and the reason supporting your request) in writing. Also,
we may deny your request if you ask us to amend information that
is in our opinion: (a) accurate and complete; (b) not part of
the PHI kept by or for the practice; (c) not part of the PHI which
you would be permitted to inspect and copy; or (d) not created
by our practice, unless the individual or entity that created
the information is not available to amend the information.
5.
Accounting of Disclosures . All of our patients have
the right to request an “accounting of disclosures.” An “accounting
of disclosures” is a list of certain non-routine disclosures our
practice has made of your PHI for non-treatment or operations
purposes. Use of your PHI as part of the routine patient care
in our practice is not required to be documented. For example,
the doctor sharing information with the nurse; or the billing
department using your information to file your insurance claim.
In order to obtain an accounting of disclosures, you must submit
your request in writing to Pediatric Specialists,
132 Central St., Foxboro, MA 02035, 508-543-6306 .
All requests for an “accounting of disclosures” must state a time
period, which may not be longer than six (6) years from the date
of disclosure and may not include dates before April 14, 2003.
The first list you request within a 12-month period is free of
charge, but our practice may charge you for additional lists within
the same 12-month period. Our practice will notify you of the
costs involved with additional requests, and you may withdraw
your request before you incur any costs.
6.
Right to a Paper Copy of This Notice . You are entitled
to receive a paper copy of our notice of privacy practices. You
may ask us to give you a copy of this notice at any time. To obtain
a paper copy of this notice, contact Pediatric Specialists,
132 Central St., Foxboro, MA 02035, 508-543-6306 .
7.
Right to File a Complaint . If you believe your privacy
rights have been violated, you may file a complaint with our practice
or with the Secretary of the Department of Health and Human Services.
To file a complaint with our practice, contact Pediatric
Specialists, 132 Central St., Foxboro, MA 02035, 508-543-6306
. All complaints must be submitted in writing. You
will not be penalized for filing a complaint .
8.
Right to Provide an Authorization for Other Uses and Disclosures
. Our practice will obtain your written authorization
for uses and disclosures that are not identified by this notice
or permitted by applicable law. Any authorization you provide
to us regarding the use and disclosure of your PHI may be revoked
at any time in writing . After you revoke your authorization,
we will no longer use or disclose your PHI for the reasons described
in the authorization. Please note, we are required to retain records
of your care.
E.OTHER
AMENDMENTS REGARDING YOUR PHI:
1.Inter-office
transportation of your medical records/PHI. Because Pediatric
Specialists maintains two distinct physical offices separated
by some distance there may arise an occasion to hand carry medical
charts, reports etc between the two offices. We make every effort
to maintain our commitment of confidentiality during the span
of time this information is outside the physical confines of our
two offices.
2.Phone
messages. During the course of the day it may become necessary
to contact you. We may call you at any of the phone numbers you
have provided to us, unless specifically stated by you in writing.
We make every effort to maintain our commitment of confidentiality
when calling you at the workplace or when leaving messages/voicemails
(at home or work).
3.
Disclosing Information for Payment: If you restrict disclosing
information for payment (you’ve asked us to NOT bill insurance
for a service), we will ask you to sign an agreement indicating
that you are originating the request, that you will be liable
for payment for all such services requested at our full charge
rate, and that you will not ask your insurance carrier to pay
for such services or to appeal to our Practice. In the event that
you contact your insurance carrier about such services, either
to ask the carrier to pay or to complain that the Practice has
asked for payment for a covered service(such as an office visit),
we may disclose to the carrier the fact that you had agreed to
a waiver to pay for services, that you had requested us not to
bill or otherwise contact your carrier, and may have to disclose
the reason for the visit, such as the diagnosis or procedure.
4.
Coverage office visits: As we share weekend/holiday coverage of
our offices with the offices of Pediatric Associates of Norwood
& Franklin, and because both practices are trained and comply
with HIPAA regulations as mandated by federal law, all portions
of our “Notice of Privacy Practices” shall apply to coverage patients
and their Privacy Practices Policy shall apply to our patients.
Again,
if you have any questions regarding this notice or our health
information privacy policies, please contact Pediatric
Specialists, 132 Central St., Foxboro, MA 02035, 508-543-6306
.
02/2003
PEDIATRIC
SPECIALISTS OF FOXBOROUGH & WRENTHAM
ACKNOWLEDGEMENT
OF RECEIPT OF PRIVACY NOTICE
Note:
In this notice, “you” and “your” are also used to mean and pertain
to “your child.”
I
have been given a copy of the Pediatric Specialists Privacy Policy
which explains in detail how my
health
care information is used and shared with others. The Policy explains
(1) when I need to give
further
approval for the providers to use my health information or share
it outside the practice and
(2)
when my permission is not needed for the providers to
use my health information or share it outside
the
practice (e.g. required by law, public health activities, etc.)
I
understand that Pediatric Specialists has reserved the right to
change the Privacy Policy at any time.
I
may obtain a current copy of the Privacy Notice by request when
I am in the office or by contacting
the
Privacy Officer.
This
acknowledgement covers the following child/children:
_________________________________________
____________________________________
_________________________________________
____________________________________
_________________________________________
____________________________________
My
signature below constitutes my acknowledgement that I have been
provided a copy of the
Privacy
Policy.
__________________________________________
__________________________
Signature
of Patient (if over the age of 18) or parent/guardian Date
__________________________________________
Name
(Print)
If
you decide not to sign, we are permitted to use a signature by
one of our employees as proof
that
you have received our POLICY.
__________________________________________
___________________________
Signature
of Pediatric Specialists Employee Date
02/2003
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