Notice of Privacy Practices
Merinda Herron, M.D., P.C.
Privacy Officer - Telephone (678) 990-4480
Effective Date:
September 2004
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.
We understand the importance of privacy and are
committed to maintaining the confidentiality of your medical information. We
make a record of the medical care we provide and may receive such records from
others. We use these records to provide or enable other health care providers to
provide quality medical care, to obtain payment for services provided to you as
allowed by your health plan and to enable us to meet our professional and legal
obligations to operate this medical practice properly. We are required by law to
maintain the privacy of protected health information and to provide individuals
with notice of our legal duties and privacy practices with respect to protected
health information. This notice describes how we may use and disclose your
medical information. It also describes your rights and our legal obligations
with respect to your medical information. If you have any questions about this
Notice, please contact our Privacy Officer listed above.
A. How
this Medical Practice May Use or Disclose Your Health Information
B. When This Medical Practice May Not Use or Disclose
Your Health Information
C. Your Health Information
Rights
1. Right to Request Special Privacy Protections
2.
Right to Request Confidential Communications
3. Right to Inspect and Copy
4. Right to Amend or Supplement
5. Right to an Accounting of Disclosures
6. Right to a Paper Copy of this Notice
D. Changes to this
Notice of Privacy Practices
E. Complaints
A. How this Medical Practice May Use or Disclose Your
Health Information
This medical practice collects health
information about you and stores it in a chart and on a computer. This is your
medical record. The medical record is the property of this medical practice, but
the information in the medical record belongs to you. The law permits us to use
or disclose your health information for the following purposes:
1. Treatment. We use medical information about you to
provide your medical care. We disclose medical information to our employees and
others who are involved in providing the care you need. For example, we may
share your medical information with other physicians, or other health care
providers who will provide services that we do not provide. Or we may share
this information with a pharmacist who needs it to dispense a prescription to
you, or a laboratory that performs a test. We may also disclose medical
information to members of your family or others who can help you when you are
sick or injured.
2. Payment. We use and disclose
medical information about you to obtain payment for the services we provide. For
example, we give your health plan the information it requires before it will pay
us. We may also disclose information to other health care providers to assist
them in obtaining payment for services they have provided to you.
3. Health Care Operations. We may use and disclose
medical information about you to operate this medical practice. For example, we
may use and disclose this information to review and improve the quality of care
we provide, or the competence and qualifications of our professional staff. Or
we may use and disclose this information to get your health plan to authorize
services or referrals. We may also use and disclose this information as
necessary for medical reviews, legal services and audits, including fraud and
abuse detection and compliance programs and business planning and management. We
may also share your medical information with our "business associates," such as
our billing service, that perform administrative services for us. We have a
written contract with each of these business associates that contains terms
requiring them to protect the confidentiality of your medical information. We
may also share your information with other health care providers, health care
clearinghouses or health plans that have a relationship with you, when they
request this information to help them with their quality assessment and
improvement activities, their efforts to improve health or reduce health care
costs, their review of competence, qualifications and performance of health care
professionals, their training programs, their accreditation, certification or
licensing activities, or their health care fraud and abuse detection and
compliance efforts.
4. Appointment Reminders. We may
use and disclose medical information to contact and remind you about
appointments. If you are not home, we may leave this information on your
answering machine or in a message left with the person answering the phone.
5. Sign in sheet. We may use and disclose medical
information about you by having you sign in when you arrive at our office. We
may also call out your name when we are ready to see you.
6.
Notification and communication with family. We may disclose your health
information to notify or assist in notifying a family member, your personal
representative or another person responsible for your care about your location,
your general condition or in the event of your death. In the event of a
disaster, we may disclose information to a relief organization so that they may
coordinate these notification efforts. We may also disclose information to
someone who is involved with your care or helps pay for your care. If you are
able and available to agree or object, we will give you the opportunity to
object prior to making these disclosures, although we may disclose this
information in a disaster even over your objection if we believe it is necessary
to respond to the emergency circumstances. If you are unable or unavailable to
agree or object, our health professionals will use their best judgment in
communication with your family and others.
7. Marketing.
We may contact you to give you information about products or services
related to your treatment, case management or care coordination, or to direct or
recommend other treatments or health-related benefits and services that may be
of interest to you, or to provide you with small gifts. We may also encourage
you to purchase a product or service when we see you. We will not use or
disclose your medical information without your written authorization.
8. Required by law. As required by law, we will use and
disclose your health information, but we will limit our use or disclosure to the
relevant requirements of the law. When the law requires us to report abuse,
neglect or domestic violence, or respond to judicial or administrative
proceedings, or to law enforcement officials, we will further comply with the
requirement set forth below concerning those activities.
9.
Public health. We may, and are sometimes required by law to disclose
your health information to public health authorities for purposes related to:
preventing or controlling disease, injury or disability; reporting child, elder
or dependent adult abuse or neglect; reporting domestic violence; reporting to
the Food and Drug Administration problems with products and reactions to
medications; and reporting disease or infection exposure. When we report
suspected elder or dependent adult abuse or domestic violence, we will inform
you or your personal representative promptly unless in our best professional
judgment, we believe the notification would place you at risk of serious harm or
would require informing a personal representative we believe is responsible for
the abuse or harm.
10. Health oversight activities. We
may, and are sometimes required by law to disclose your health information to
health oversight agencies during the course of audits, investigations,
inspections, licensure and other proceedings, subject to the limitations imposed
by federal and Georgia law.
11. Judicial and administrative
proceedings. We may, and are sometimes required by law, to disclose
your health information in the course of any administrative or judicial
proceeding to the extent expressly authorized by a court or administrative
order. We may also disclose information about you in response to a subpoena,
discovery request or other lawful process if reasonable efforts have been made
to notify you of the request and you have not objected, or if your objections
have been resolved by a court or administrative order.
12. Law
enforcement. We may, and are sometimes required by law, to disclose
your health information to a law enforcement official for purposes such as
identifying of locating a suspect, fugitive, material witness or missing person,
complying with a court order, warrant, grand jury subpoena and other law
enforcement purposes.
13. Coroners. We may, and are
often required by law, to disclose your health information to coroners in
connection with their investigations of deaths.
14. Organ or tissue donations.
We may disclose your health information to
organizations involved in procuring, banking or transplanting organs and
tissues.
15. Public safety. We may, and are sometimes
required by law, to disclose your health information to appropriate persons in
order to prevent or lessen a serious and imminent threat to the health or safety
of a particular person or the general public.
16. Specialized
government functions. We may disclose your health information for
military or national security purposes or to correctional institutions or law
enforcement officers that have you in their lawful custody.
17.
Worker's compensation. We may disclose your health information as
necessary to comply with worker's compensation laws. For example, to the extent
your care is covered by workers' compensation, we will make periodic reports to
your employer about your condition. We are also required by law to report cases
of occupational injury or occupational illness to the employer or workers'
compensation insurer.
18. Change of Ownership. In the
event that this medical practice is sold or merged with another organization,
your health information/record will become the property of the new owner,
although you will maintain the right to request that copies of your health
information be transferred to another physician or medical group.
19. Research. We may disclose your health information
to researchers conducting research with respect to which your written
authorization is not required as approved by an Institutional Review Board or
privacy board, in compliance with governing law.]
20.
Fundraising. We may use or disclose your demographic information and the dates
that you received treatment in order to contact you for fundraising activities.
If you do not want to receive these materials, notify the Privacy Officer listed
at the top of this Notice of Privacy Practices.
B. When
This Medical Practice May Not Use or Disclose Your Health Information
Except as described in this Notice of Privacy Practices, this medical
practice will not use or disclose health information that identifies you
without your written authorization. If you do authorize this medical practice to
use or disclose your health information for another purpose, you may revoke your
authorization in writing at any time.
C. Your Health Information Rights
1. Right to
Request Special Privacy Protections. You have the right to request restrictions
on certain uses and disclosures of your health information, by a written request
specifying what information you want to limit and what limitations on our use or
disclosure of that information you wish to have imposed. We reserve the right to
accept or reject your request, and will notify you of our decision.
2. Right to Request Confidential Communications. You
have the right to request that you receive your health information in a specific
way or at a specific location. For example, you may ask that we send information
to a particular e-mail account or to your work address. We will comply with all
reasonable requests submitted in writing which specify how or where you wish to
receive these communications.
3. Right to Inspect and
Copy. You have the right to inspect and copy your health information,
with limited exceptions. To access your medical information, you must submit a
written request detailing what information you want access to and whether you
want to inspect it or get a copy of it. We will charge a reasonable fee, as
allowed by Georgia law. We may deny your request under limited circumstances. If
we deny your request to access your child's records because we believe allowing
access would be reasonably likely to cause substantial harm to your child, you
will have a right to appeal our decision. If we deny your request to access your
psychotherapy notes, you will have the right to have them transferred to another
mental health professional.
4. Right to Amend or
Supplement. You have a right to request that we amend your health
information that you believe is incorrect or incomplete. You must make a request
to amend in writing, and include the reasons you believe the information is
inaccurate or incomplete. We are not required to change your health information,
and will provide you with information about this medical practice's denial and
how you can disagree with the denial. We may deny your request if we do not have
the information, if we did not create the information (unless the person or
entity that created the information is no longer available to make the
amendment), if you would not be permitted to inspect or copy the information at
issue, or if the information is accurate and complete as is. You also have the
right to request that we add to your record a statement of up to 250 words
concerning any statement or item you believe to be incomplete or incorrect.
5. Right to an Accounting of Disclosures. You have a
right to receive an accounting of disclosures of your health information made by
this medical practice, except that this medical practice does not have to
account for the disclosures provided to you or pursuant to your written
authorization, or as described in paragraphs 1 (treatment), 2 (payment), 3
(health care operations), 6 (notification and communication with family) and 16
(specialized government functions) of Section A of this Notice of Privacy
Practices or disclosures for purposes of research or public health which exclude
direct patient identifiers, or which are incident to a use or disclosure
otherwise permitted or authorized by law, or the disclosures to a health
oversight agency or law enforcement official to the extent this medical practice
has received notice from that agency or official that providing this accounting
would be reasonably likely to impede their activities.
6. You have a right to a paper copy of this Notice of
Privacy Practices, even if you have previously requested its receipt by e-mail.
If you would like to have a more detailed explanation of these rights or
if you would like to exercise one or more of these rights, contact our Privacy
Officer listed at the top of this Notice of Privacy Practices.
D. Changes to this Notice of Privacy Practices
We reserve the right to amend this Notice of Privacy Practices
at any time in the future. Until such amendment is made, we are required by law
to comply with this Notice. After an amendment is made, the revised Notice of
Privacy Protections will apply to all protected health information that we
maintain, regardless of when it was created or received. We will keep a copy of
the current notice posted in our reception area, and will offer you a copy at
each appointment.
E. Complaints
Complaints
about this Notice of Privacy Practices or how this medical practice handles your
health information should be directed to our Privacy Officer listed at the top
of this Notice of Privacy Practices.
If you are not satisfied with the
manner in which this office handles a complaint, you may submit a formal
complaint to: Department of Health and Human Services, Office of Civil Rights
You will not be penalized for filing a complaint.
Complaints
submitted to the DHHS Office for Civil Rights should be directed to:
Office for Civil Rights/U.S. Department of Health & Human Services
61 Forsyth Street, SW.
Suite 3B70/Atlanta, GA 30323
(404) 562-7886;
(404) 331-2867 (TDD)
(404) 562-7881 FAX