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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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