Notice of Privacy Practices
Diane C. Maiwald, M.D.
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 Privacy officer who is:
Diane C. Maiwald, M.D.
This Notice of Privacy Practices desdribes how our Practice 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.
Our Practice is required to abide by the terms of this Notice of
Privacy Practices. our Practice may change the terms of this notice,
at any time. Any new notice that our Practice issues will be effective
for all protected health information that our Practice maintains
at that time. You may receive a copy of any revised Notice of Privacy
Practices by calling our office and requesting that a revised copy
be sent to you in the mail or asking for one at the time of your
next appointment.
1. Uses and Disclosures of Protected Health Information
Your protected health information for purposes involving treatment,
payment and health care operations may be used and disclosed by
the Practice's physicians, the Practice's office staff and others
outside of the Practice 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 Practice.
Following are examples of the types of uses and disclosures of
your protected health care information that constitute treatment,
payment and health care operations. These examples are not meant
to be exhaustive, but to describe the types of uses and disclosures
that may be made by the Practice once you have become a patient
of the Practice.
Treatment: The Practice 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, the Practice would disclose your protected
health information, as necessary, to a home health agency that provides
care to you. The Practice will also disclose protected health information
to other physicians who may be treating you. For example, your protected
health information may be provided to a physician to whom you have
been referred to ensure that the physician has the necessary information
to diagnose or treat you.
In addition, the Practice 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 Practice's request becomes
involved in your care by providing assistance with your health care
diagnosis or treatment.
Payment: Your protected health information will
be used, as needed, to obtain payment for your health care services.
This may include certain activities taht your health insurance plan
may undertake before it approves or pays for the health care services
the Practice recommends 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. For example, obtaining approval for a hospital
stay may reqire that your relevant protected health information
be disclosed to the health plan to obtain approval for the hospital
admission.
Healthcare Operations: The Practice may use or
disclose, as needed, your protected health information in order
to support the business activities of the Practice. These activities
include, but are not limited to, quality assessment activities,
employee review activities, training of medical students, licensing,
marketing, and conducting or arranging for other business activities.
For example, the Practice may disclose your protected health information
to medical school students that see patients at our office. In addition,
we may use a sign-in sheet at the registration desk were you will
be asked to sign your name. The Practice may also call you by name
in the waiting room when your physician is ready to see you. The
Practice may use or disclose your protected health information,
as necessary, to contact you to remind you of your appointment.
The Practice 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 the Practice and a business associate
involves the use or disclosure of your protected health information,
the Practice will have a written contract that contains terms that
will protect the privacy of your protected health information.
The Practice may use or disclose your protected health information,
as necessary, to provide you with information about treatment alternatives
or other health-related benefits and services that may be of interest
to you. The Practice may also use and disclose your protected health
information for other marketing activities. For example, your name
and address may be used to send you a newsletter about our Practice
and the services we offer. The Practice may also send you information
about products or services that the Practice believes may be beneficial
to you. You may contact our Privacy Officer 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, except
to the extent that the Practice has taken an action in reliance
on the use or disclosure indicated in the authorization.
Other Permitted and Required Uses and Disclosures That
May Be Made With Your Authorization or Opportunity to Object
The Practice 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
the Practice may use professional judgment, to determine whether
the disclosure is in your best interest. In this case, only the
protected health information that is relevent 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 or death.
Finally, we may use or disclose your protected health information
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 protected health information
in an emergency treatment situation.
Other Permitted and Required Uses and Disclosures That
May Be Made Without Your 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 to collect or
receive the information. The disclosure will be made for the purpose
of controlling disease, injury or disability. We may also disclose
your protected health information, if directed by the public health
authority, to a foreign government agency that is collaborating
with the public health authority.
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. Oversight
agencies seeking this information include government agencies that
oversee the health care system, government benefit programs, other
government regulatory programs and civil rights laws.
Abuse or Neglect: We may disclose your protected
health information to a public health authority that is authorized
by law to receive reports of child abuse or neglect. In addition,
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 to report adverse events, product
defects or problems, biologic product deviations, track products;
to enable product recalls; to make repairs or replacements, or to
conduct post marketing surveillance, as required.
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 (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 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.
Coroners, Funeral Directors, and Organ Donation:
We may disclose protected health information 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 protected health information 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. Protected health information may be used
and disclosed for cadaveric organ, eye or tissue donation purposes.
Research: We may disclose your protected health
information 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
protected health information.
Criminal Activity: Consistent with applicable
federal and state laws, we may disclose your protected health information,
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. We may also disclose protected health
information if it is necessary for law enforcement authorities to
identify or apprehend an individual.
Military Activity and National Security: When
the appropriate conditions apply, we may use or disclose protected
health information of individuals who are Armed Forces personnel
(1) for activities deemed necessary by appropriate military command
authorities, (2) for the purpose of a determination by the Department
of Veterans Affairs of your eligibility for benefits, or (3) to
foreign military authority if you are a member of that foreign military
services. We may also disclose your protected health information
to authorized federal officials for conducting national security
and intelligence activities, including for the provision of protective
services to the President or others legally authorized.
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.
Inmates: We may use or disclose your protected health information
if you are an inmate of a correctional facility and your physician
created or received your protected health information in the course
of providing care to you.
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.
If you provide us with a telephone number or fax number i.e., home,
work or an alternate number, we might utilize that number to contact
you to advise you of medical information, information about an appointment
or information regarding our care and treatment of you as necessary,
and health care information, as well as to return calls to you.
This may result in leaving a message on your answering machine or
fax or voice mail at work, or another number you have provided,
or with someone other than yourself.
2. Your Rights
The 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 a designated record set
for as long as we maintain the protected health information. A "designated
record set" contains medical and billing records and any other
records that the Practice uses for making decisions about you.
Under federal law, however, you may not inspect or copy the following
records: information compiled in reasonable anticipation of, or
use in, a civil, criminal, or administrative action or proceeding,
and protected health information that is subject to law that prohibits
access to protected health information. Depending on the circumstances,
a decision to deny access may be reviewable. 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 the Practice 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.
The Practice is not required to agree to a restriction that you
may request. If the Practice 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 the
Practice does agree to the requested restriction, the Practice 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 the Practice. You may request a restriction by contacting the
Practice Privacy Officer.
You have the right to request to receive confidential communications
from the Practice by alternative means or at an alternative location.
The Practice will accommodate reasonable requests. The Practice
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. The Practice will not request
an explanation from you as to the basis for the request. Please
make this request in writing to our Privacy Officer.
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 set for as long
as we maintain this information. In certain cases, the Practice
may deny your request for an amendment. If the Practice denies your
request for amendment, you have the right to file a statement of
disagreement with us and the Practice 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.
You have the right to receive an accounting of certain disclosures
the Practice has made, if any, of your protected health information.
This right applies to disclosures for purposes other than: (1) disclosures
made pursuant to an authorization signed by you or (2) disclosures
for treatment, payment or healthcare operations of the Practice
as described in this Notice of Privacy Practices. You have the right
to receive specific information regarding these disclosures that
occurred after April 1, 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,
upon request, even if you have agreed to accept this notice electronically.
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
the Practice. You may file a complaint with the Practice by notifying
our Privacy Officer of your complaint. The Practice will not retaliate
against you for filing a complaint.
You may contact our Privacy Officer, Diane C. Maiwald, M.D. at
(631) 423-2110 for further information about the complaint process.
This notice was published and becomes effective on April 1, 2003.
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