Robert Weissfeld D.C., C.N.T.
NeurOntogenics.com
PRIVACY NOTICE
A hard copy of
this notice will be provided at your request.
THIS NOTICE
DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW
YOU CAN GET ACCESS TO THAT INFORMATION.
PLEASE REVIEW THIS NOTICE
CAREFULLY
This Practice is committed to maintaining the
privacy of your protected health information ("PHI"), which includes
information about your health condition and the care and treatment you receive
from the Practice. The creation of a record detailing the care and services you
receive helps this office to provide you with quality health care. This Notice
details how your PHI may be used and disclosed to third parties. This Notice
also details your rights regarding your PHI
CONSENT
1. The Practice may use and/or disclose your PHI
provided that it first obtains a valid Consent signed by you. The Consent will
allow the Practice to use and/or disclose your PHI for the purposes of:
(a) Treatment - In order to provide you with
the health care you require, the Practice will provide your PHI to those health
care professionals, whether on the Practice's staff or not, directly involved
in your care so that they may understand your health condition and needs. For
example, a physician treating you for lower back pain may need to know the results
of your latest physician examination by this office
(b) Payment - In order to get paid for
services provided to you, the Practice will provide your PHI, directly or
through a billing service, to appropriate third party payors, pursuant to their
billing and payment requirements. For example, the Practice may need to provide
the Medicare program with information about health care services that you
received from the Practice so that the Practice can be properly reimbursed. The
Practice may also need to tell your insurance plan about treatment you are
going to receive so that it can determine whether or not it will cover the
treatment expense
(c) Health Care Operations - In order for the
Practice to operate in accordance with applicable law and insurance
requirements and in order for the Practice to continue to provide quality and
efficient care, it may be necessary for the Practice to compile, use and/or
disclose your PHI. For example, the Practice may use your PHI in order to evaluate
the performance of the Practice's personnel in providing care to you
NO CONSENT REQUIRED
1. The Practice may use and/or disclose your PHI,
without a written Consent from you, in the following instances:
(a) De-identified Information - Information
that does not identify you and, even without your name, cannot be used to
identify you
(b) Business Associate - To a business
associate if the Practice obtains satisfactory written assurance, in accordance
with applicable law, that the business associate will appropriately safeguard
your PHI. A business associate is an entity that assists the Practice in
undertaking some essential function, such as a billing company that assists the
office in submitting claims for payment to insurance companies or other payers
(c) Personal Representative - To a person
who, under applicable law, has the authority to represent you in making
decisions related to your health care
(d) Emergency Situations - (i) for the
purpose of obtaining or rendering emergency treatment to you provided that the Practice
attempts to obtain your Consent as soon as possible; or (ii) to a public or
private entity authorized by law or by its charter to assist in disaster relief
efforts, for the purpose of coordinating your care with such entities in an emergency
situation
(e) Communication Barriers - If, due to
substantial communication barriers or inability to communicate, the Practice
has been unable to obtain your Consent and the Practice determines, in the
exercise of its professional judgment, that your Consent to receive treatment
is clearly inferred from the circumstances
(f) Public Health Activities -Such activities
include, for example, information collected by a public health authority, as
authorized by law, to prevent or control disease
(g) Abuse, Neglect or Domestic Violence -To a
government authority if the Practice is required by law to make such
disclosure. If the Practice is authorized by law to make such a disclosure, it
will do so if it believes that the disclosure is necessary to prevent serious
harm
(h) Health Oversight Activities -Such
activities, which must be required by law, involve government agencies and may
include, for example, criminal investigations, disciplinary actions, or general
oversight activities relating to the community's health care system
(i) Judicial and Administrative Proceeding -For
example, the Practice may be required to disclose your PHI in response to a
court order or a lawfully issued subpoena
(j) Law Enforcement Purposes -In certain
instances, your PHI may have to be disclosed to a law enforcement official. For
example, your PHI may be the subject of a grand jury subpoena. Or, the Practice
may disclose your PHI if the Practice believes that your death was the result
of criminal conduct
(k) Coroner or Medical Examiner -The Practice
may disclose your PHI to a coroner or medical examiner for the purpose of
identifying you or determining your cause of death
(l) Organ, Eye or Tissue Donation -If you are
an organ donor, the Practice may disclose your PHI to the entity to whom you
have agreed to donate your organs
(m) Research - If the Practice is involved in
research activities, your PHI may be used, but such use is subject to numerous
governmental requirements intended to protect the privacy of your PHI
(n) Avert a Threat to Health or Safety -The
Practice may disclose your PHI if it believes
that such disclosure is necessary to prevent
or lessen a serious and imminent threat to the health or safety of a person or
the public and the disclosure is to an individual who is reasonably able to
prevent or lessen the threat
(o) Specialized Government Functions - This
refers to disclosures of PHI that relate primarily to military and veteran
activity
(p) Workers' Compensation -If you are
involved in a Workers' Compensation claim, the Practice may be required to
disclose your PHI to an individual or entity that is part of the Workers'
Compensation system
(q) National Security and Intelligence Activities
- The Practice may disclose your PHI in order to provide authorized
governmental officials with necessary intelligence information for national
security activities and purposes authorized by law
(r) Military and Veterans - If you are a
member of the armed forces, the Practice may disclose your PHI as required by
the military command authorities
APPOINTMENT REMINDER
The Practice may, from time to time, contact you to
provide appointment reminders or information about treatment alternatives or
other health-related benefits and services that may be of interest to you. The
following appointment reminders are used by the Practice: a) a postcard mailed
to you at the address provided by you; and b) telephoning your home and leaving
a message on your answering machine or with the individual answering the phone
DIRECTORY/SIGN-IN LOG
The Practice may maintain a directory of and sign-in
log for individuals seeking care and treatment in the office. If present, the directory
and sign-in log are located in a position where staff can readily see who is
seeking care in the office, as well as the individual's location within the
Practice's office suite. This information may be seen by, and is accessible to,
others who are seeking care or services in the Practice's offices
FAMILY/FRIENDS
The Practice may disclose to your family member,
other relative, a close personal friend, or any other person identified by you,
your PHI directly relevant to such person's involvement with your care or the
payment for your care. The Practice may also use or disclose your PHI to notify
or assist in the notification (including identifying or locating) a family
member, a personal representative, or another person responsible for your care,
of your location, general condition or death. However, in both cases, the
following conditions will apply:
(a) If you are present at or prior to the use or
disclosure of your PHI, the Practice may use or disclose your PHI if you agree,
or if the Practice can reasonably infer from the
circumstances, based on the exercise of its
professional judgment, that you do not object to the use or disclosure
(b) If you are not present, the Practice will, in
the exercise of professional judgment, determine whether the use or disclosure
is in your best interests and, if so, disclose only the PHI that is directly
relevant to the person's involvement with your care
AUTHORIZATION
Uses and/or disclosures, other than those described
above, will be made only with your written Authorization
YOUR RIGHTS
1. You have the right to:
(a) Revoke any Authorization and/or Consent, in
writing, at any time. To request a revocation, you must submit a written
request to the Practice's Privacy Officer
(b) Request restrictions on certain use and/or
disclosure of your PHI as provided by law
However, the Practice is not obligated to agree to
any requested restrictions. To request restrictions, you must submit a written
request to the Practice's Privacy Officer. In your written request, you must
inform the Practice of what information you want to limit, whether you want to
limit the Practice's use or disclosure, or both, and to whom you want the
limits to apply. If the Practice agrees to your request, the Practice will
comply with your request unless the information is needed in order to provide
you with emergency treatment
(c) Receive confidential communications or PHI by
alternative means or at alternative locations. You must make your request in
writing to the Practice's Privacy Officer. The Practice will accommodate all reasonable
requests
(d) Inspect and copy your PHI as provided by law. To
inspect and copy your PHI, you must submit a written request to the Practice's
Privacy Officer. The Practice can charge you a fee for the cost of copying,
mailing or other supplies associated with your request
In certain situations that are defined by law, the
Practice may deny your request, but you will have the right to have the denial
reviewed as set forth more fully in the written denial notice
(e) Amend your PHI as provided by law. To request an
amendment, you must submit a written request to the Practice's Privacy Officer.
You must provide a reason that supports your request. The Practice may deny
your request if it is not in writing, if you do not provide a reason in support
of your request, if the information to be amended was not created by the
Practice (unless the individual or entity that created the information is no longer
available), if the information is not part of your PHI maintained by the
Practice, if the information is not part of the information you would be
permitted to inspect and copy, and/or if the information is accurate and
complete. If you disagree with the Practice's denial, you will have the right
to submit a written statement of disagreement
(f) Receive an accounting of disclosures of your PHI
as provided by law. To request an accounting, you must submit a written request
to the Practice's Privacy Officer. The
request must state a time period
which may not be longer than six (6) years and may not include dates before
April 14, 2003. The request should indicate in what form you want the list
(such as a paper or electronic copy). The first list you request within a
twelve (12) month period will be free, but the Practice may charge you for the
cost of providing additional lists. The Practice will notify you of the costs
involved and you can decide to withdraw or modify your request before any costs
are incurred
(g) Receive a paper copy of this Privacy Notice from
the Practice upon request to the Practice's Privacy Officer
(h) Complain to the Practice or to the Secretary of
HHS if you believe your privacy rights have been violated. To file a complaint
with the Practice, you must contact the Practice's Privacy Officer. All
complaints must be in writing
(i) To obtain more information on, or have your
questions about your rights answered, you may contact the Practice's Privacy
Officer, Robert Weissfeld DC, at 303-300-3933 or via email at drweissfeld@gmail.com
PRACTICE'S REQUIREMENTS
1. The Practice:
(a) Is required by federal law to maintain the
privacy of your PHI and to provide you with this Privacy Notice detailing the
Practice's legal duties and privacy practices with respect to your PHI
(b) Is required by State law to maintain a higher
level of confidentiality with respect to certain portions of your medical
information that is provided for under federal law. In particular, the Practice
is required to comply with the following State statutes: (c) Is required to
abide by the terms of this Privacy Notice
(d) Reserves the right to change the terms of this
Privacy Notice and to make the new Privacy Notice provisions effective for all
of your PHI that it maintains
(e) Will distribute any revised Privacy Notice to
you prior to implementation
(f) Will not retaliate against you for filing a
complaint.
EFFECTIVE DATE
This Notice is in effect as of 5/1/08
This form was developed by the ACA (American
Chiropractic Association and is distributed with their permission.