Effective Date of this Notice: July 19, 2002
VISALIA MEDICAL CLINIC, INC. NOTICE OF PRIVACY PRACTICES
As required by the Privacy regulations Created as a result of Health Insurance Portability and Accountability Act of 1996 (HIPAA)
A. OUR COMMITMENT TO YOUR PRIVACY
Our practice is dedicated to maintaining the privacy of your individually identifiable health information (IIHI). 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 identified 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 IIHI. 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 IIHI
· Your privacy rights in your IIHI
· Our obligations concerning the use and disclosure of
your IIHI
The terms if this notice apply to all records containing your IIHI 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.
B. IF YOU HAVE QUESTIONS
ABOUT THIS NOTICE, PLEASE CONTACT:
Write to: Richard Strid, Privacy Officer, 5400 W. Hillsdale
Drive, Visalia, CA 93291, or call: 559/738-7500 extension 5599.
C. WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION (IIHI) WITHOUT AUTHORIZATION IN THE FOLLOWING WAYS
The following categories describe the different ways in which we may use and disclose your IIHI.
1. Treatment. Our practice may use your IIHI 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 IIHI in order to
write a prescription for you, or we might disclose your IIHI
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 IIHI in
order to treat you or assist others in your treatment. Additionally,
we may disclose your IIHI to others who may assist in your care,
such as your spouse, children or parents.
2. Payment. Our practice may use and disclose your IIHI in order
to bill and collect payment for 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 IIHI
to obtain payment from third parties that may be responsible
for such costs, such as family members. Also, we may use your
IIHI to bill you directly for services and items.
3. Health Care Operations. Our practice may use and disclose
your IIHI 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 IIHI 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 IIHI to contact you and remind you of an appointment.
5. Treatment Options. Our practice may use and disclose your
IIHI to inform you of potential treatment options or alternatives.
6. Health-Related Benefits and Services. Our practice may use
and disclose your IIHI 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 IIHI 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 IIHI when we are required to do so by federal, state or
local law.
D. USE AND DISCLOSURE OF YOUR IIHI WITHOUT AUTHORIZATION 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 IIHI 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
communicable disease
· Notifying a person regarding a potential risk for spreading
or contracting a disease or condition
· Reporting reactions to drugs or problems wit 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 parent
(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 IIHI 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 IIHI in response to a court or administrative
order, if you are involved in lawsuit or similar proceeding.
We also may disclose your IIHI in response to a discover 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 hay release IIHI 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
IIHI 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
IIHI 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 you IIHI for
research purposes in certain limited circumstances. We will
obtain your written authorization to use your IIHI for research
purposes except when: (a) our use or disclosure was approved
by an Institutional Review Board; (b) we obtain the oral or
written agreement for a researcher that (i) the information
being sought is necessary for the research study; (ii) the use
or disclosure of your IIHI is being used only for the research
and (iii) the researcher will not remove any of your IIHI from
our practice; or (c) the IIHI 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 IIHI of the decedents.
8. Serious Threats to Health or Safety. Our practice may use
and disclose your IIHI when necessary to reduce or prevent a
serious threat to your health and safety of 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.
9. Military. Our practice may disclose your IIHI if you are
a member of the U.S. or foreign military forces (including veterans)
and if required by the appropriate authorities.
10. National Security. Our practice may disclose your IIHI to
federal officials for intelligence and national security activities
authorized by law. We also may disclose your IIHI 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 IIHI 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. Worker's Compensation. Our practice may release your IIHI
for worker's compensation and similar programs.
E. YOUR RIGHTS REGARDING YOUR IIHI
You have the following rights regarding the IIHI 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 Attn: Richard Strid, Privacy Officer, 5400 W. Hillsdale Drive, Visalia,
CA 93291, specifying the requested method of contract, 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 IIHI for treatment,
payment or health care operations. Additionally, you have the
right to request that we restrict our disclosure of yur IIHI
to only certain individuals involved in your care or 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, youu must make your request in writing
to: Richard Strid, Privacy Officer, 5400 W. Hillsdale Drive,
Visalia, CA 93291. Your request must describe in a clear and
concise fashion:
(a) The information you wish restricted
(b) Whether you are requesting to limit our practice's use,
disclosure or both; and
(c) To whom you want the limits to apply
3. Inspection and Copies. You have the right to
inspect and obtain a copy of the IIHI that may be used to make
decisions about you, including patient medical records and billing
records, but not including psychotherapy notes. Your must submit
your request in writing to: Richard Strid, Privacy Officer,
5400 W. Hillsdale Drive, Visalia, CA 93291 in order to inspect
and/or obtain a copy of your IIHI. Our practice may charge a
fee for the cost 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: Richard Strid, Privacy Officer,
5400 W. Hillsdale Drive, Visalia, CA 93291. 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 IIHI kept by or for the practice; (c) not part of the IIHI
which you would be permitted to inspect and copy; or (d) not
available to amend the information.
5. Accounting 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 IIHI for non-treatment or operations
purposes. Use of your IIHI as part of the routine care in our
practice is not required to be documented. For example, the
doctor sharing information with the nurse; or 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 Richard Strid, Privacy Officer, 5400
W. Hillsdale Drive, Visalia, CA 93291. 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 copy of this notice, contact Richard Strid, Privacy
Officer - 738-7500 extension 5599.
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 Richard
Strid, Privacy Officer, 5400 W. Hillsdale Drive, Visalia,
CA 93291. 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 IIHI may be revoked at any time
in writing. After you revoke your authorization, we will not
longer use or disclose your IIHI for the reasons described in
the authorization. Please note: we are required to retain records
of your care.
Again, if you have any questions regarding this notice or our health information privacy policies, please contact Richard Strid, Privacy Officer, 5400 W. Hillsdale Drive, Visalia, CA 93291.