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NOTICE OF
PRIVACY PRACTICES FOR ARKANSAS CARDIOLOGY, P.A.
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
ARKANSAS CARDIOLOGY, P.A.) 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 individually
identifiable health information as protected by law, including the Health
Information Portability and Accountability Act (HIPAA). 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 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. You may request a copy of our most current Notice at
any time.
B. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:
Arkansas Cardiology, P.A., Privacy Officer at 501 227-7596.
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.
Finally, we may also disclose your PHI to other health care providers for
purposes related to your treatment.
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. We may disclose your PHI to other health
care providers and entities to assist in their billing and collection
efforts.
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. We may
disclose your PHI to other health care providers and entities to assist in
their health care operations.
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.
8. 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.
9. 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 Internal or
Review Board or Privacy Board has determined that the waiver of your
authorization satisfies the following: (i) the use or disclosure involves no
more than a minimal risk to your privacy based on the following: (A) an
adequate plan to protect the identifiers from improper use and disclosure;
(B) an adequate plan to destroy the identifiers at the earliest opportunity
consistent with the research (unless there is a health or research
justification for retaining the identifiers or such retention is otherwise
required by law); and (C) adequate written assurances that the PHI will not
be re-used or disclosed to any other person or entity (except as required by
law) for authorized oversight of the research study, or for other research
for which the use or disclosure would otherwise be permitted; (ii) the
research could not practicably be conducted without the waiver; and (iii)
the research could not practicably be conducted without access to and use of
the PHI.
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.
9. 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 the Privacy
Officer 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 PHI, you must make
your request in writing to the Privacy Officer. 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 the Privacy Officer 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 the Privacy
Officer. 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, non-payment or non-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. Also, we are not required to document disclosures made
pursuant to an authorization signed by you. In order to obtain an accounting
of disclosures, you must submit your request in writing to the Privacy
Officer. 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,
inquire at the reception desk.
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 the Privacy Officer. We urge you to
file your complaint with us first and give us the opportunity to address
your concerns. 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.
Again, if you have any questions regarding this notice or our health
information privacy policies, please contact the Privacy Officer, at
Arkansas Cardiology, P.A., 9501 Lile Dr. Suite 600, Little Rock, AR 72205.
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