Notice of Privacy Practices
Our practice is dedicated to maintaining the privacy of your
individually identifiable health information (PHI). In conducting
our business, we will create records regarding you and the
treatment and services we provide to you. We also are required by
law to provide you with this notice of our legal duties and the
privacy practices that we maintain in our practice concerning your
PHI. By federal and state law, we must follow the terms of the
notice of privacy practices that we have in effect at the time.
We realize that these laws are complicated, but we must provide
you with the following important information:
1. How we may use and disclose your PHI.
2. Your privacy rights in your PHI.
3. Our obligations concerning the use and disclosure of your PHI.
The terms of this notice apply to all records containing your PHI
that are created or retained by our practice. We reserve the right
to revise or amend this Notice of Privacy Practices. Any revision
or amendment to this notice will be effective for all of your
records that our practice has created or maintained in the past,
and for any of your records that we may create or maintain in the
future. Our practice will post a copy of our current Notice in our
offices in a visible location at all times , and on our web site,
and you may request a copy of our most current Notice at any time.
If you have any questions about this notice, please contact:
Lopez Chiropractic Center at 3095 NW 7th Street., Miami FL. 33125
or call 305-541-4033.
We may use and disclose your individually identifiable health
information (PHI) in the following ways:
1. TREATMENT- The information in your medical records
will be used to determine which treatment option best addresses
your health needs. The treatment selected will be documented in
your medical records so that other health care professional can
make informed decisions about your care. For example, we may ask
you to have laboratory tests, and we may use the results to help
us reach a diagnosis. Many of the people who work for our
practice- including, but not limited to our doctors and staff may
use or disclose your PHI in order to treat you or to assist others
in your treatment. Additionally, we may disclose your PHI to
others who may assist in your care, such as your spouse, children,
or parents. Finally, we may also disclose your PHI to other health
care providers for purposes related to your treatment.
2. PAYMENT- Our practice may use and disclose your PHI
in order to bill and collect payment for the services and items
you may receive from us. For example, we may contact your health
insurer to certify that you are eligible for benefits (and for
what range of benefits), and we may provide your insurer with
details regarding your treatment to determine if your insurer will
cover or pay for your treatment. We also may use and disclose your
PHI to obtain payment from third parties that may be responsible
for such costs, such as family members. Also, we may use your PHI
to bill you directly for services and items. We may disclose your
PHI to other health care providers and entities to assist in their
billing and collection efforts.
3. HEALTH CARE OPERATIONS- Our practice may use and
disclose your PHI to operate our business. As examples of the ways
in which we may use and disclose your information for our
operations, our practice may use your PHI to evaluate the quality
of care you receive from us, or to conduct cost management and
business planning activities for our practice. WE may disclose
your PHI to other health care providers and entities to assist in
their health care operations.
4. APPOINTMENTS AND REMINDERS- Our practice may use and
disclose your PHI to contact you and remind you of an appointment
or as a follow up on treatment.
5. NON-MEDICAL COMMUNICATIONS- Our practice may use your
PHI to contact you for non-medical reasons. For example, we may
send you a birthday card or a holiday greeting via mail.
6. TREATMENT OPTIONS- Our practice may use and disclose
your PHI to inform you of potential treatment options or
alternatives. We may treat you in an open treatment area and some
incidental PHI may be overheard by other patients being treated at
the same time.
7. HEALTH- RELATED BENEFITS AND SERVICES - Our practice
may use and disclose your PHI to inform you of health-related
benefits or services that may be of interest to you. For example,
we may send you newsletters that may include information about our
practice, health related issues and products and services.
8. RELEASE OF INFORMATION TO FAMILY/FRIENDS- Our
practice may release you PHI to a friend or family member that is
involved in your care, or who assists in taking care of you. For
example, a parent or guardian may ask that a babysitter take their
child to the pediatrician's office for treatment of a cold. In
this example, the babysitter may have access to this child's
medical information.
9. DISCLOSURES REQUIRED BY LAW- Our practice will use
and disclose your PHI when we are required to do so by federal,
state or local law.
USE AND DISCLOSURE OF YOUR PHI IN CERTAIN SPECIAL
CIRCUMSTANCES.
1.PUBLIC HEALTH RISKS- Our practice may disclose your PHI
to public health authorities that are authorized by law to collect
information for the purpose of:
A. maintaining vital records, such as births and deaths.
B. reporting child abuse or neglect.
C. preventing or controlling disease, injury or disability.
D. notifying a person regarding potential exposure to a
communicable disease.
E. notifying a person regarding a potential risk for spreading or
contracting a disease or condition.
F. reporting reactions to drugs or problems with product or
devices.
G. notifying individuals if a product or device they may be using
has been recalled.
H. notifying appropriate government agency (ies) and authority (ies)
regarding the potential for abuse or neglect of an adult patient
(including domestic violence), however, we will only disclose this
information if the patient agrees or we are required or authorized
by law to disclose this information.
I. notifying your employer under limited circumstances related
primarily to workplace injury or illness or medical surveillance.
2. HEALTH OVERSIGHT ACTIVITIES- Our practice may disclose
your PHI to a health oversight agency for activities authorized by
law. Over sight activities can include, for example
investigations, inspections, audits, surveys, licensure and
disciplinary actions, civil, administrative, and criminal
procedures or actions , or other activities necessary for the
government to monitor government programs, compliance with civil
rights and the health care system in general.
3. LAWSUITS AND SIMILAR PROCEEDINGS - Our practice may use
and disclose your PHI in response to a court or administrative
order, if you are involved in a lawsuit or similar proceeding. We
also may disclose your PHI in response to a discovery request,
subpoena, or other lawful process by another party involved in the
dispute, but only if we have made an effort to inform you of the
request or to obtain an order protecting the information the party
has requested.
4. LAW ENFORCEMENT -We may release your PHI if we are asked
to do so by a law enforcement official:
A. Regarding a crime victim in certain situations, if we are
unable to obtain the person's agreement.
B. Concerning a death we believe has resulted from criminal
conduct.
C. Regarding criminal conduct at our office.
D. In response to a warrant, summons, court order, subpoena or
similar legal process.
E. To identify/locate a suspect, material witness, fugitive or
missing person.
F. In an emergency, to report a crime (including the location or
victim (s) of the crime, or the description, identity or location
of the perpetrator.
5. DECEASED PATIENTS- Our practice may release PHI to to
a medical examiner or coroner to identify a deceased individual or
to identify the cause of death. If necessary, we may also release
information in order for funeral directors to perform their jobs.
6. ORGAN AND TISSUE DONATION- Our practice may release
your PHI to organizations that handle organ, eye or tissue
procurement or transplantation, including organ donation banks, as
necessary to facilitate organ or tissue donation and
transplantation if you are an organ donor.
7. RESEARCH- Our practice may use and disclose your PHI
for research purposes in certain limited circumstances. We will
obtain your written authorization to use your PHI for research
purposes except when an Internal Review Board or Privacy Board has
determined that the waiver of your authorization satisfies the
following:(i) the use or disclosure involves no more than a
minimal risk to your privacy based on the following: (A) an
adequate plan to protect the identifiers from improper use and
disclosure; (B) an adequate plan to destroy the identifiers at the
earliest opportunity consistent with the research (unless there is
a health or research justification for retaining the identifiers
or such retention is otherwise required by law); and (C) adequate
written assurance that the PHI will not be re-used or disclosed to
any other person or entity (except as required by law) for
authorized oversight of the research study, or for other research
for which the use or disclosure would otherwise be permitted; (ii)
the research could not practicably be conducted without waiver;
and (iii) the research could not practicably be conducted without
access to and use of the PHI.
8. SERIOUS THREATS TO HEALTH OR SAFETY- Our practice may
use and disclose your PHI when necessary to reduce or prevent a
serious threat to your health and safety or the health and safety
of another individual or the public. Under these circumstances, we
will only make disclosures to a person or organization able to
help prevent the threat.
9. MILITARY- Our practice may disclose your PHI if you
are a member of U.S. or foreign military forces (including
veterans) and if required by the appropriate authorities.
10. NATIONAL SECURITY- Our practice may disclose your
PHI to federal officials for intelligence and national security
activities authorized by law. We may also disclose your PHI to
federal officials in order to protect the President, other
officials or foreign heads of state, or to conduct investigations.
11. INMATES- Our practice may disclose your PHI to
correctional institutions or law enforcement officials if you are
an inmate or under the custody of a law enforcement official.
Disclosure for these purposes would be necessary: (a) for the
institution to provide health care services to you. (b) for the
safety and security of the institution, and/or (c) to protect your
health and safety or the health and safety of other individuals.
12. WORKERS' COMPENSATION- Our practice may release your
PHI for workers' compensation and similar programs.
E. YOUR RIGHTS REGARDING YOUR PHI.
You have the following rights regarding the PHI that we maintain
about you.
1. CONFIDENTIAL COMMUNICATION- You have the right to
request that our practice communicate with you about your health
and related issues in a particular manner or at a certain
location. For instance, you may ask that we contact you at home
rather than at work. In order to request a type of confidential
communication, you must make a written request to the Clinical
Director, Lopez Chiropractic Center 305-541-4033; specifying the
requested method of contact, or the location where you wish to be
contacted. Our practice will accommodate reasonable requests. You
do not need to give a reason for your request.
2. REQUESTING RESTRICTIONS- You have the right to
request a restriction in our use or disclosure of your PHI for
treatment, payment or health care operations. Additionally, you
have the right to request that we restrict our disclosure of your
PHI to only certain individuals involved in your care or the
payment for your care, such as family members and friends. We are
not required to agree to your request; however, if we do agree, we
are bound by our agreement except when otherwise required by law,
in emergencies, or when the information is necessary to treat you.
In order to request a restriction in our use or disclosure of your
PHI, you must make your request in writing to the Clinical
Director, Lopez Chiropractic Center, 305-541-4033. Your request
must describe in a clear and concise fashion:
A. the information you wish restricted;
B. whether you are requesting to limit our practice's use,
disclosure or both; and
C. to whom you want the limits to apply.
3. INSPECTION AND COPIES- You have the right to inspect
and obtain a copy of the PHI that may be used to make decisions
about you, including patient medical records and billing records,
but not including psychotherapy notes. You must submit your
request in writing to the Clinical Director, Lopez Chiropractic
Center; 305-541-4033 in order to inspect and/or obtain a copy of
your PHI. Our practice may charge a fee for the costs of copying,
mailing, labor and supplies associated with your request. Our
practice may deny your request to inspect and/or copy in certain
limited circumstances; however, you may request a review of our
denial. Another licensed health care professional chosen by us
will conduct reviews.
4. AMENDMENT - You may ask us to amend your health
information if you believe it is incorrect or incomplete, and you
may request an amendment for as long as the information is kept by
or for our practice. To request an amendment, your request must be
made in writing and submitted to the Clinical Director, Lopez
Chiropractic Center; 305-541-4033. You must provide us with a
reason that supports your request (and the reason supporting your
request) in writing. Also, we may deny your request if you ask us
to amend information that is in our opinion: (a) accurate and
complete (b) not part of the PHI kept by or for the practice; (c)
not part of the PHI which you would be permitted to inspect and
copy; or (d) not created by our practice, unless the individual or
entity that created the information is not available to amend the
information.
5. ACCOUNTING OF DISCLOSURES- All of our patients have
the right to request an "accounting of disclosures". An
"accounting of disclosures" is a list of certain non-routine
disclosures our practice has made of your PHI for non-treatment,
nonpayment or non -operations purposes. Use of your PHI as part of
the routine patient care in our practice is not required to be
documented. For example, the doctor sharing information with the
nurse; or the billing department using your information to file
for your insurance claim. In order to obtain an accounting of
disclosures, you must submit your request in writing to the Office
Manager, Lopez
Chiropractic Center; 305-541-4033. All request for an
"accounting of disclosures" must state a time period, which may
not be longer than six (6) years from the date of disclosure and
may not include dates before April 14, 2003. The first list you
request within a 12-month is free of charge, but our practice may
charge you for additional lists within the same 12-month period.
Our practice will notify you of the costs involved with additional
requests, and you may withdraw your request before you incur any
costs.
6. RIGHT TO A PAPER COPY OF THIS NOTICE- You are
entitled to receive a paper copy of our notice of privacy
practices. You may ask us to give you a copy of this notice at any
time. To obtain a paper copy of this notice, contact the Office
Manager , Lopez Chiropractic Center; 305-541-4033.
7. RIGHT TO FILE A COMPLAINT- If you believe your
privacy rights have been violated, you may file a complaint with
our practice or with the Secretary of the Department of Health and
Human Services. To file a complaint with our practice, contact the
Office Manager, Lopez Chiropractic Center; 305-541-4033. All
complaints must be submitted in writing. You will not be penalized
for filing a complaint.
8. RIGHT TO PROVIDE AN AUTHORIZATION FOR OTHER USES AND
DISCLOSURES- Our practice will obtain your written
authorization for uses and disclosures that are not identified by
this notice or permitted by applicable law. Any authorization you
provide to us regarding the use and disclosure of your PHI may be
revoked at any time in writing. After you revoke your
authorization, we will no longer use or disclose your PHI for the
reasons described in the authorization. Please note, we are
required to retain records of your care.
Again, if you have any questions regarding this notice or our
health information privacy policies, please contact Dr. Armando
Lopez at 3095 N.W. 7th Street, Miami, FL 33125 or call
305-541-4033.
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