| 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.
If you have questions about this notice, please contact: our
Privacy Officer Nancy Prall
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 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 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 our notice, at any time. The new
notice will be effective for all protected health information that we
maintain at that time. Upon your request, we will provide you with any
revised Notice of Privacy Practices by calling the office at 704-372-7900
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
Uses and Disclosures of Protected Health Information Based Upon Your
Written Consent
You will be asked by your physician to sign a consent form. Once
you have consented to use and disclosure of your protected health
information for treatment, payment and health care operations by signing
the consent form, your physician will use and disclose your protected
health information described in Section 1. Your protected health
information may be used and disclosed by your physician, 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. Your protected
health information may also be used and disclosed to pay your health care
bills and support the operation of the physicians practice.
Following are examples of the types of uses and disclosures of your
protected health information that the physicians office is permitted to
make once you have signed our consent form. These examples are not meant
to be exhaustive, but to describe the types of uses and disclosures that
may be made by our office, once you have provided consent.
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 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 would disclose your protected health
information, as necessary, to a home health agency that provides care to
you. We will also disclose protected health information to other
physicians who may be treating you when we have the necessary permission
from you to disclose your protected health information. 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, 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. For example, obtaining approval
for a hospital stay may require that your relevant protected health
information be disclosed to the health plan to obtain approval for the
hospital admission.
Healthcare Operations: We may use or disclose, as needed, your
protected health information in order to support the business activities
of your physicians practice. These activities include, but are not
limited to, quality assessment activities, employee review activities,
training of medical students, licensing, marketing and fundraising
activities, and conducting or arranging for other business activities.
For example, we 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 where you will be asked
to sign your name and indicate your physician. We may also 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 alternatives or other
health-related benefits and services that may be of interest to you. We
may also use and disclose your protected health information for other
marketing purposes. For example, your name and address may be used to send
you a newsletter about our practice and the services we offer. We may also
send you information about products or services that we believe may be
beneficial to you. You may contact our Privacy Officer to request that
these materials not be sent to you. At this time, however, Carolina Asthma
and Allergy Center does not engage in the use of protected health
information for marketing purposes.
We may use or disclose your demographic information and the dates that
you received treatment from your physician, as necessary, to contact you
for fundraising activities supported by our office. If you do not want to
receive these materials, please contact our Privacy Officer to request
these fundraising materials not be sent to you. At this time, however,
Carolina Asthma and Allergy Center does not engage in associated
fundraising practices.
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 your
physician or the physicians 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 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 judgment, 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 a person 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 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. If this happens, your
physician shall try to obtain your consent as soon as reasonably practical
after the delivery of your 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 judgment, that you intend to consent to use or disclose 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 law requires the use or disclosure. 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 governmental regulatory
programs and civil rights laws.
Abuse or Neglect: We may disclose your protected health
information to a public health agency authorized by law to receive reports
of child abuse or neglect. In addition, we may disclose your protected
health information if we believe 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 your 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 your 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 a death as 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 Practices 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 for the funeral director to carry out their duties. We
may disclose such information in a 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 to 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 benefits, or (3) to foreign military authority if you are a
member of a that foreign military services. We may also disclose your
protected health information to authorized federal officials for
conducting national security 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.
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 your
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 your physician and the practice uses for making decisions
about you.
Under federal law, however, you may not inspect or copy the following
records: psychotherapy notes; information complied 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 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 a 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 your 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 may request a
restriction by:
Contacting our Privacy Officer to request a specific protected health
information restriction;
Completing any necessary and appropriate documentation of the
requested restriction of protected health information; and
Returning any/all necessary and appropriate documentation of the
requested specific protected health information restriction to our Privacy
Officer.
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. Reasonable is defined, for this purpose
as being related to normal and customary business proceedings. Carolina
Asthma and Allergy Center will alert a patient to an unreasonable request
at the time of the request for alternate means of communication or
alternate location. We also may condition this accommodation by asking you
information as to how your payment will be handled or specification of an
alternate 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 Officer.
You may have the right to have your physician amend your protected
health information. This means that you may request an amendment of
protected health information about you in a designated record set for as
long as we maintain the information. In certain cases, we may deny your
request for an amendment. If we deny your request for an 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.
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, for a facility directory, 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,
upon request, even if you have agreed to accept this notice
electronically.
3. Complaints
You may complain to Carolina Asthma and Allergy Center or to the
Secretary of Health and Human Services if you believe your privacy has
been violated. We will not retaliate against you for filing a complaint.
Your complaint must be submitted in writing no later than 180 days from
the perception of a violation related to your protected health
information.
To file a complaint to the Secretary of the Department of Health and
Human Services, use the following address:
Office of the Secretary US Department of Health and Human
Services 200 Independence Avenue SW Washington, DC 20201
To contact the Region IV Office of the Health and Human Services Office
of Civil Rights, call: 404-562-7886.
You may contact our Privacy Officer, Nancy Prall, at 704-372-7900 to
discuss any perceived violation of your protected health information.
This notice was published and becomes effective on December 20, 2002.
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