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Eye Associates Notice of Privacy Practices
(as required by the Health Insurance Portability and Accountability
Act of 1996, HIPAA)
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 HIPAA
Privacy Officer, Kathy Brown, at (770) 995-5408.
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 by law. If the policy changes,
the new notice will be effective immediately. A current copy will
always be posted in our office and on our website (http://www.georgiaeyeassociates.com),
or we will provide you the revised Notice upon your request.
1. Uses and Disclosures of Protected Health Information
Your protected health information may be used and disclosed by your
physician, 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 physician's practice.
Following are examples of the types of uses and
disclosures of your protected health care information that the physician's
office is permitted to make. These examples are not meant to be
exhaustive, but to describe the types of uses and disclosures that
may be made by our office.
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 will disclose protected health information
to other physicians when we have the necessary permission from you
to disclose your protected health information. In addition, we may
disclose your protected health information from time-to-time to
another physician or health care provider (e.g., a specialist or
laboratory) who, at the request of your physician, becomes involved
in your care by providing assistance with your health care diagnosis
or treatment to your physician.
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.
Healthcare Operations: We may use or disclose, as-needed,
your protected health information in order to support the business
activities of your physician's practice. These activities include,
but are not limited to, quality assessment activities, employee
review activities, licensing, marketing and fundraising activities,
and conducting or arranging for other business activities.
For example, we may call you by name in the waiting
room when your physician 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 and
services that may be of interest to you. We may also use and disclose
your protected health information for other informational activities.
For example, your name and address may be used to send you a newsletter
about our practice and the services we offer. You may contact our
Privacy Contact to request that these 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.
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 physician may, using professional judgement, 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.
Emergencies: We may use or disclose your protected
health information in an emergency treatment situation. If this
happens, your physician shall try to obtain your consent as soon
as reasonably practicable after the delivery of treatment. If your
physician or another physician in the practice is required by law
to treat you and the physician 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 physician or another physician
in the practice attempts to obtain consent from you but is unable
to do so due to substantial communication barriers and the physician
determines, using professional judgement, 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.
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.
Abuse or Neglect: 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.
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.
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.
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.
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 your
medical and billing records set for as long as we maintain the protected
health information.
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 physician is not required to agree to a restriction
that you may request. If physician 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
physician 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 physician.
You have the
right to request to receive confidential communications from us
by alternative means or at an alternative location. We will accommodate
all reasonable requests, at your expense. 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 physician amend
your protected health information. This means you may request an
amendment of protected health information about you in a designated
record. We may deny your request for an amendment. If we deny your
request for amendment, you may file a statement of disagreement
with us. 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,
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.
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. 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
Contact, HIPPA Privacy officer in Atlanta at (770) 995-5408
for further information about the complaint process.
This notice
was published March 29, 2003 and becomes effective on April 14,
2003.
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