HIPAA Notice of Privacy Practices
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.
This Notice of Privacy Practices describes how we may use and
disclose your protected health information (PHI) 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" or "PHI" 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 of Privacy
Practices. We may change the terms of this Notice at any time. A
new Notice will be effective for all PHI that we maintain at that
time. Upon your request, we will provide you with any revised
Notice of Privacy Practices. Copies of this Notice are available
by mail, or by asking your therapist for a paper copy.
1. Uses and Disclosures of Protected Health Information
Uses and Disclosures of Protected Health Information for
Which Your Authorization Is Not Required. Your PHI
may be used and disclosed without your prior authorization by
your physical therapist, our office staff, and others outside
our office that are involved in your care and
treatment for the purpose of providing health care services to
you, to pay your health care bills, to support the operation of
the physical therapist's practice, and any other use required by
law.
Treatment: We will use and disclose your PHI 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. For example, we would disclose
your PHI, as necessary, to a home health agency that provides
care to you. For example, your protected heath information may be
provided to a physical therapist to which you have been referred
to ensure that the physical therapist has the necessary
information to diagnose or treat you.
Payment: Your PHI will be used, as needed, to obtain
payment for your health care services. For example, obtaining
approval for a hospital stay may require that your relevant PHI
be disclosed to the health plan to obtain approval for the
hospital admission.
Healthcare Operations: We may use or disclose, as
needed, your PHI in order to support the business activities of
your physical therapist's practice. These activities include, but
are not limited to, quality assessment activities, employee
review activities, training of medical students, licensing, and
conducting or arranging for other business activities. For
example, we may disclose your PHI to medical school students that
see patients at our office. In addition, we may use a sign-in
sheet at the registration desk where you will be asked to sign
your name and indicate your physical therapist. We may also call
you by name in the waiting room when your physical therapist is
ready to see you. We may use or disclose your PHI, as necessary,
to contact you to remind you of your appointment.
Other Permitted and Required Uses and Disclosures That May
Be Made With Your Opportunity to Object. We may use
and disclose your PHI in the following instances. You have the
opportunity to object to the use or disclosure of all or part of
your PHI. If you are not present or able to agree or object to
the use or disclosure of the
PHI, then your health care provider may, using professional
judgment, determine whether the disclosure is in your best
interest. In this case, only the PHI that is relevant to your
health care will be disclosed.
Others Involved in Your Health Care: Unless you
object, we may disclose to a member of your family, a relative, a
close friend or any other person you identify, your PHI that
directly relates to that person's involvement in your health
care. If you are unable to agree or object to such 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 PHI to notify or assist in notifying a
family member, personal representative or any other
person that is responsible for the care of your location, general
condition or death. Finally, we may use or disclose your PHI to
an authorized public or private entity to assist in disaster
relief efforts and to coordinate uses and disclosures to family
or other individuals involved in your health care.
Emergencies: We may use or disclose your PHI in an
emergency treatment situation. If this happens, we will try to
obtain your consent as soon as reasonably practicable after the
delivery of treatment. If your healthcare provider or another
healthcare provider in our agency is required by law to treat you
and the healthcare provider has attempted to obtain your consent
but is unable to obtain your consent, he or she may still use or
disclose your PHI to treat you.
Other Permitted and Required Uses and Disclosures That May
Be Made Without Your Consent, Authorization, or Opportunity to
Object. We may disclose your PHI in the following
situations without your consent or authorization:
Required by Law: We may use or disclose your PHI 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.
Public Health: We may disclose your PHI for public
health activities and purposes to a public health authority that
is permitted by law to collect or receive the information. This
disclosure will be made for the purpose of controlling disease,
injury, or disability.
Communicable Diseases: We may disclose your PHI, 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 your PHI to a
health oversight agency for activities authorized by law, such as
audits, investigations, and inspections. Oversight agencies
seeking this information include government agencies that oversee
the health care system, government benefit programs, and other
government regulatory programs.
Abuse or Neglect: We may disclose your PHI to a
public health authority that is authorized by law to receive
reports of child abuse or neglect. In addition, we may disclose
your PHI 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
PHI to a person or company required by the Food and Drug
Administration (i) to report adverse events, product defects or
problems, biologic product deviations, track products; (ii) to
enable product recalls; (iii) to make repairs or replacements; or
(iv) to conduct post marketing surveillance, as required.
Legal Proceedings: We may disclose PHI in the course
of any judicial or administrative proceeding, in response to an
order of a court or administrative tribunal (to the extent such
disclosure is expressly authorized), in certain conditions in
response to a subpoena, discovery request, or other lawful
process.
Law Enforcement: We may disclose your PHI, so long as
applicable legal requirements are met, for law enforcement
purposes.
Coroners, Funeral Directors and Organ Donation: We
may disclose your PHI to a coroner or medical examiner for
identification purposes, determining cause of death or for the
coroner or medical examiner to perform other duties authorized by
law: We may also disclose PHI to a funeral director, as
authorized by law, in order to permit the funeral director to
carry out their duties. We may disclose such information in
reasonable anticipation of death. PHI may be disclosed for
cadaveric organ, eye or tissue donation purposes.
Research: We may disclose your PHI to researchers
when their research has been approved by an Institutional Review
Board that has reviewed the research proposal and established
protocols to ensure the privacy of your PHI.
Criminal Activity: Consistent with applicable federal
and state laws, we may use or disclose your PHI if we believe
that the use or disclosure is necessary to prevent or lessen a
serious and imminent threat to the health or safety of a person
or the public.
Military Activity and National Security: When the
appropriate conditions apply, we may use or disclose PHI of
individuals who are Armed Forces personnel: (i) for activities
deemed necessary by appropriate military command authorities;
(ii) for the purpose of a determination by the Department of
Veterans Affairs; or (iii) to foreign military authority if you
are a member of the foreign military services.
Workers' Compensation: We may use or disclose your
PHI as authorized to comply with workers' compensation laws and
other similar legally-established programs.
Inmates: We may use or disclose your PHI if you are
an inmate of a correctional facility and your health care
provider created or received your PHI in the course of providing
care to you.
Fundraising: We may contact you to raise funds. We
may use and disclose your PHI, including demographic data, dates
of health care provided, the department from which you received
the services, the name of the treating physician, outcome
information and health insurance status, to a business associate
or institutionally related foundation for fundraising purposes
without your authorization. You have the right to opt out of
receiving fundraising communications from us, our business
associates and our institutionally related foundations. Each
fundraising communication will provide you with a clear
opportunity to elect not to receive further fundraising
communications.
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 requirements of the Code of Federal
Regulations, Part 45 Section 164.500 et seq.
Uses and Disclosures of PHI for which Your Written
Authorization Is Required. Other uses and
disclosures of your PHI will be made only with your written
authorization, unless otherwise permitted or required by law as
described below. You make revoke this authorization, at any time,
in writing, except to the extent that your physical therapist or
Renewed Perspective Counseling and Consulting has already taken
an action in reliance on the use or disclosure indicated in the
authorization.
The following uses and disclosures will be made only with your
written authorization: (i) most uses and disclosures of
psychotherapy notes; (ii) uses and disclosures of PHI for
marketing purposes, including subsidized treatment
communications; (iii) disclosures that constitute a sale of PHI;
and (iv) other uses and disclosures not described in this Notice
of Privacy Practices.
2. Your Rights. Following is a statement of your
rights with respect to your PHI 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 your PHI that is contained in a designated record set for
so long as we maintain the PHI. A "designated record set"
contains medical and billing records and any other records that
your health care provider and Renewed Perspective Counseling and
Consulting uses for making decisions about you.
Under federal law, however, you may not inspect or copy the
following records: psychotherapy notes, information compiled in
reasonable anticipation of, or use in, a civil, criminal, or
administrative action or proceeding, and PHI that is subject to
law that prohibits access to PHI. In some circumstances, you may
have a right to have this decision reviewed. Please contact our
Privacy Officer 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 PHI for the purposes of treatment,
payment, or healthcare operations. You may also request that any
part of your PHI 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. You also have a right to restrict certain
disclosures of your PHI to a health plan if you have paid in full
out-of-pocket for the health care item or service.
Your health care provider is not required to agree to a
restriction that you may request. If your health care provider
believes it is in your best interest to permit use and disclosure
of your PHI, your PHI will not be restricted. You then have the
right to use another healthcare provider. If your health care
provider does agree to the requested restriction, we may not use
or disclose your PHI in violation of that restriction unless it
is needed to provide emergency treatment.
You have the right to request to receive confidential
communications from us by alternative means or at an alternative
location. We will accommodate reasonable requests.
You may have the right to have your physical therapist amend
your protected health information. This means you may
request an amendment of PHI about you in a designated record set
for as long as we maintain this information. In certain cases, we
may deny your request for an amendment. If we deny your request
for amendment, you have the right to file a statement of
disagreement with us and we may prepare a rebuttal to your
statement and will provide you with a copy of any such rebuttal.
Please contact our Privacy Officer to determine if you have
questions about amending your medical record.
If we deny your request for amendment, you have the right to file
a statement of disagreement with us and we may prepare a rebuttal
to your statement and will provide you with a copy of any such
rebuttal.
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 general notification purposes. You
have the right to receive specific information regarding these
disclosures that occurred after June 1, 2019. 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 of
Privacy Practices from us. You have a right to obtain a
paper copy of this Notice from us, upon request, even if you have
agreed to accept this Notice electronically.
You have a right to receive notifications of a data breach. We
are required to notify you upon a breach of any unsecured
PHI. PHI is "unsecured" if it is not protected by a
technology or methodology specified by the Secretary. The notice
must be made within 60 days from when we become aware of the
breach. However, if we have insufficient contact with you, an
alternative notice method (posting on website, broadcast media,
etc.) may be used.
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 by us. You may file a complaint
with us by notifying our Privacy Officer of your
complaint. We will not retaliate against you for filing a
complaint.
We are required by law to maintain the privacy of PHI, to provide
individuals with notice of our legal duties and privacy practices
with respect to PHI, and to notify affected individuals following
a breach of unsecured PHI.
This notice was published and becomes effective on or before June
1, 2019.
If you have any objections to this form, please speak with our
Privacy Officer in person or at 407-710-6544.
Signature below is only acknowledgement that you have received
this Notice of Privacy Practices.