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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
our Privacy Officer.
This Notice of Privacy Practices describes how we may use and disclose
your protected health information to carry out treatment, payment
or health care operations and for other purposes that are permitted
or required by law. It also describes your rights to access and
control your protected health information. "Protected health information"
is information about you, including demographic information, that
may identify you and that relates to your past, present or future
physical or mental health or condition and related health care services.
We are required to abide by the terms of this Notice of Privacy
Practices. We may change the terms of our notice, at any time. The
new notice will be effective for all protected health information
that we maintain at that time. Upon your request, we will provide
you with any revised Notice of Privacy Practices by accessing our
website, 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.
1. Uses and Disclosures of Protected Health Information
Uses and Disclosures of Protected Health Information Based Upon
Your Written Consent
You will be asked by your audiologist to sign a consent form. Once
you have consented to use and disclosure of your protected health
information for treatment, payment and health care operations by
signing the consent form, your audiologist will use or disclose your
protected health information as described in this Section 1. Your
protected health information may be used and disclosed by your audiologist,
our office staff and others outside of our office that are involved
in your care and treatment for the purpose of providing health care
services to you. Your protected health information may also be used
and disclosed to pay your health care bills and to support the operation
of the audiologist's practice.
Following are examples of the types of uses and disclosures of your
protected health care information that the audiologist's office is
permitted to make once you have signed our consent form. These examples
are not meant to be exhaustive, but to describe the types of uses
and disclosures that may be made by our office once you have provided
consent.
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 that has already obtained
your permission to have access to your protected health information.
For example, we would disclose your protected health information,
as necessary, to a home health agency that provides care to you.
We will also disclose protected health information to other audiologists
who may be treating you when we have the necessary permission from
you to disclose your protected health information. For example,
your protected health information may be provided to a audiologist
to whom you have been referred to ensure that the audiologist has
the necessary information to diagnose or treat you.
In addition, we may disclose your protected health information from
time-to-time to another audiologist or health care provider (e.g.,
a specialist or laboratory) who, at the request of your audiologist,
becomes involved in your care by providing assistance with your
health care diagnosis or treatment to your audiologist.
Payment: Your protected health information will be used,
as needed, to obtain payment for your health care services. This
may include certain activities that your health insurance plan may
undertake before it approves or pays for the health care services
we recommend for you such as; making a determination of eligibility
or coverage for insurance benefits, reviewing services provided
to you for medical necessity, and undertaking utilization review
activities. For example, obtaining approval for a hospital stay
may require that your relevant protected health information be disclosed
to the health plan to obtain approval for the hospital admission.
Healthcare Operations: We may use or disclose, as-needed,
your protected health information in order to support the business
activities of your audiologist's practice. These activities include,
but are not limited to, quality assessment activities, employee
review activities, training of medical students, licensing, marketing
and fundraising activities, and conducting or arranging for other
business activities.
For example, we may disclose your protected health information to
medical school students that see patients at our office. In addition,
we may use a sign-in sheet at the registration desk where you will
be asked to sign your name and indicate your audiologist. We may also
call you by name in the waiting room when your audiologist 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.
We will share your protected health information with third party
"business associates" that perform various activities (e.g., billing,
transcription services) for the practice. Whenever an arrangement
between our office and a business associate involves the use or
disclosure of your protected health information, we will have a
written contract that contains terms that will protect the privacy
of your protected 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 may be of interest
to you. We may also use and disclose your protected health information
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 Contact to request that these materials not be sent
to you.
We may use or disclose your demographic information and the dates
that you received treatment from your audiologist, as necessary, in
order to contact you for fundraising activities supported by our
office. If you do not want to receive these materials, please contact
our Privacy Contact and request that these fundraising materials
not be sent to you.
Uses and Disclosures of Protected Health Information Based upon
Your Written Authorization
Other uses and disclosures of your protected health information
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 your audiologist or the audiologist's practice has taken an action
in reliance on the use or disclosure indicated in the authorization.
Other Permitted and Required Uses and Disclosures That May Be Made
With Your Consent, Authorization or Opportunity to Object
We may use and disclose your protected health information in the
following instances. You have the opportunity to agree or object
to the use or disclosure of all or part of your protected health
information. If you are not present or able to agree or object to
the use or disclosure of the protected health information, then
your audiologist may, using professional judgment, determine whether
the disclosure is in your best interest. In this case, only the
protected health information that is relevant to your health care
will be disclosed.
Others Involved in Your Healthcare: 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. If you are unable to agree or object to such a disclosure,
we may disclose such information as necessary if we determine that
it is in your best interest based on our professional judgment.
We may use or disclose protected health information to notify or
assist in notifying a family member, personal representative or
any other person that 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 to coordinate uses
and disclosures to family or other individuals involved in your
health care.
Emergencies: We may use or disclose your protected health
information in an emergency treatment situation. If this happens,
your audiologist shall try to obtain your consent as soon as reasonably
practicable after the delivery of treatment. If your audiologist or
another audiologist in the practice is required by law to treat you
and the audiologist has attempted to obtain your consent but is unable
to obtain your consent, he or she may still use or disclose your
protected health information to treat you.
Communication Barriers: We may use and disclose your protected
health information if your audiologist or another audiologist in the
practice attempts to obtain consent from you but is unable to do
so due to substantial communication barriers and the audiologist determines,
using professional judgment, that you intend to consent to use or
disclosure under the circumstances.
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 protected health information in the
following situations without your consent or authorization. These
situations include:
Required By Law: We may use or disclose your protected health
information to the extent that the use or disclosure is required
by law. The use or disclosure will be made in compliance with the
law and will be limited to the relevant requirements of the law.
You will be notified, as required by law, of any such uses or disclosures.
Public Health: We may disclose your protected health information
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. We may also disclose your protected health
information, if directed by the public health authority, to a foreign
government agency that is collaborating with the public health authority.
Communicable Diseases: We may disclose your protected health
information, 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.
Health Oversight: We may disclose protected health information
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 protected health information
to a public health authority that is authorized by law to receive
reports of child abuse or neglect. In addition, we may disclose
your protected health information 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.
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, product defects or
problems, biologic product deviations, track products; to enable
product recalls; to make repairs or replacements, or to conduct
post marketing surveillance, as required.
Legal Proceedings: We may disclose protected health information
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 protected health information,
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 requests
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.
Coroners, Funeral Directors, and Organ Donation: We may disclose
protected health information to a coroner or medical examiner for
identification purposes, determining cause of death or for the coroner
or medical examiner to perform other duties authorized by law. We
may also disclose protected health information to a funeral director,
as authorized by law, in order to permit the funeral director to
carry out their duties. We may disclose such information in reasonable
anticipation of death. Protected health information may be used
and disclosed for cadaveric organ, eye or tissue donation purposes.
Research: We may disclose your protected health information
to researchers when 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.
Criminal Activity: Consistent with applicable federal and
state laws, we may disclose your protected health information, if
we believe that the 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 (1) for activities
deemed necessary by appropriate military command authorities; (2)
for the purpose of a determination by the Department of Veterans
Affairs of your eligibility for benefits, or (3) to foreign military
authority if you are a member of that foreign military services.
We may also disclose your protected health information to authorized
federal officials for conducting national security and intelligence
activities, including for the provision of protective services to
the President or others legally authorized.
Workers' Compensation: Your protected health information
may be disclosed by us as authorized to comply with workers' compensation
laws and other similar legally-established programs.
Inmates: We may use or disclose your protected health information
if you are an inmate of a correctional facility and your audiologist
created or received your protected health information in the course
of providing care to you.
Required Uses and Disclosures: Under the law, we must make
disclosures to you and when required by the Secretary of the Department
of Health and Human Services to investigate or determine our compliance
with the requirements of Section 164.500 et. seq.
2. Your Rights
Following is a statement of your rights with respect to your
protected health information and a brief description of how you
may exercise these rights.
You have the right to inspect and copy your protected health information.
This means you may inspect and obtain a copy of protected health
information about you 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 your audiologist and the practice uses for making decisions about
you.
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 administrative
action or proceeding, and protected health information that is subject
to law that prohibits access to protected health information. Depending
on the circumstances, a decision to deny access may be reviewable.
In some circumstances, you may have a right to have this decision
reviewed. Please contact our Privacy Contact if you have questions
about access to your medical record.
You have the right to request a restriction of your protected health
information. This means you may ask us not to use or disclose any
part of your protected health information for the purposes of treatment,
payment or healthcare operations. You may also request that any
part of your protected health information not be disclosed to family
members or friends who may be involved in your care or for notification
purposes as described in this Notice of Privacy Practices. Your
request must state the specific restriction requested and to whom
you want the restriction to apply.
Your audiologist is not required to agree to a restriction that you
may request. If audiologist believes it is in your best interest to
permit use and disclosure of your protected health information,
your protected health information will not be restricted. If your
audiologist does agree to the requested restriction, we may not use
or disclose your protected health information in violation of that
restriction unless it is needed to provide emergency treatment.
With this in mind, please discuss any restriction you wish to request
with your audiologist. You may request a restriction by providing
it in writing to the staff.
You have the right to request to receive confidential communications
from us 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
Contact.
You may have the right to have your audiologist amend your protected
health information. This means you may request an amendment of protected
health information about you in a designated record set for as long
as we maintain this information. 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 and
we may prepare a rebuttal to your statement and will provide you
with a copy of any such rebuttal. Please contact our Privacy Contact
to determine if you have questions about amending your medical record.
You have the right to receive an accounting of certain disclosures
we have made, if any, of your protected health information. This
right applies to disclosures for purposes other than treatment,
payment or healthcare operations as described in this Notice of
Privacy Practices. It excludes disclosures we may have made to you,
for a facility directory, to family members or friends involved
in your care, or for notification purposes. You have the right to
receive specific information regarding these disclosures that occurred
after April 14, 2003. You may request a shorter timeframe. The right
to receive this information is subject to certain exceptions, restrictions
and limitations.
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.
3. Complaints
You may complain to us or to the Secretary of Health and Human Services
if you believe your privacy rights have been violated by us. You
may file a complaint with us by notifying our privacy contact of
your complaint. We will not retaliate against you for filing a complaint.
You may contact our Privacy Officer at our office for further information
about the complaint process.
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