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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 READ
THIS NOTICE CAREFULLY.
Effective
: April 14, 2003
COMMUNITY MEDICAL SERVICES,INC is
dedicated to maintaining the privacy of your identifiable health
information. In conducting our business, we will create records
regarding you and the treatment and services we provide you. We are
required by law to maintain the confidentiality of health information
that identifies you. We also are required by law to provide you with
this notice of our legal duties and privacy practices concerning your
identifiable health information. By law, we must follow the terms of
the notice of privacy practices that we have in effect at the time.
To summarize, this notice provides you with the
following information:
How we may use and disclose your identifiable health information
Your privacy rights in your identifiable health information
Our obligations concerning the use and disclosure of your identifiable
health information.
The terms of this notice apply to all records containing your
identifiable health information that are created or retained by our
organization. We reserve the right to revise or amend our notice of
privacy practice. Any revision or amendment to this notice will be
effective for all of your records our organization has created or
maintained in the past, and for any of your records we may create in
the future.
If you have any questions about this notice, please
contact COMMUNITY
MEDICAL SERVICES, INC.
We may use and disclose your information in the
following ways:
Treatment. We may
use your identifiable information to provide supplies and services to
you. For example, we ask you to provide us with such information as
body weight, height , etc. Many of the people who work for us may use
or disclose your identifiable health information in order to provide
supplies and services to you or to assist others in your treatment.
Additionally, we may disclose your identifiable health information to
others who may assist in your care, such as your physician, therapists,
spouse, children or parents.
Payment. We may use
and
disclose your identifiable health information in order to bill and
collect payment for the services and supplies 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 supplies and/or services.
We may also use and disclose your identifiable health information to
obtain payment from third parties that may be responsible for such
costs, such as family members. Also, we may use your identifiable
health information to bill you directly for services and supplies.
Health Care Operations.
We may use and disclose your identifiable health information to operate
our business. As examples of the ways in which we may use and disclose
your health information for our operations, may use your health
information to evaluate the quality of care you receive from us, or to
conduct cost-management and business planning activities for our
business.
Appointment Reminders.
We may use and disclose your identifiable health information to contact
you and remind you of visits/deliveries.
Health-Related Benefits and Services.
We may use your
identifiable health information to inform you of health-related
benefits or services that may be of interest to you.
Release of Information to Family /
Friends. We may
release your identifiable health information to a friend or family
member that is helping you pay for your health care, or who assists in
taking care of you.
Disclosures Required By Law.
We will use and disclose
your identifiable health information when we are required to do so by
federal, state or local law.
Use and
Disclosure of Your Identifiable Health Information in Certain Special
Circumstances
The following categories describe unique scenarios
in which we may use
or disclose your identifiable health information:
Public Health Risk. We may disclose your identifiable health
information to public health authorities that are authorized by law to
collect information for the purpose of:
Maintaining vital records, such as births and deaths
Reporting child abuse or neglect
Preventing or controlling disease, injury or disability
Notifying a person regarding a potential exposure to a communicable
disease
Notifying a person regarding a potential risk for spreading or
contracting a disease or condition
Reporting reactions to drugs or problems with products or devices
Notifying individuals if a product or device they may be using has been
recalled
Notifying appropriate government agency(ies) and authority(ies)
regarding the potential 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.
Health Oversight Activities.
We may disclose your health information to a health oversight agency
for activities authorized by law. Oversight 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 laws and the health
care system in general.
Lawsuits and Similar Proceedings.
We may use and
disclose your identifiable health information in response to a court or
administrative order, if you are involved in a lawsuit or similar
proceeding. We also may disclose your identifiable health in response
to a discovery request, subpoena, or other lawful process by another
party involved in a 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.
Law Enforcement. We
may
release identifiable health information if asked to do so by a law
enforcement official:
Regarding a crime victim in certain situations, if we are unable to
obtain the person?s agreement
Concerning a death we believe might have resulted from criminal conduct
Regarding criminal conduct in our offices
In response to a warrant, summons, court order, subpoena, or similar
legal process
To identify/locate a suspect, material witness, fugitive or missing
person
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)
Serious Threats to Health or Safety.
We may use and disclose your identifiable health information 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.
Military. We may
disclose your identifiable health information if you are a member of
U.S. or foreign military forces (including veterans) and if required by
the appropriate military command facilities.
National Security. We
may disclose your identifiable health information to federal officials
for intelligence and national security activities authorized by law. We
also may disclose your identifiable health information to federal
officials in order to protect the President, other officials or foreign
heads of state, or to conduct investigations.
Inmates. We may
disclose
your identifiable health information 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.
Workers? Compensation.
We may release your identifiable
health information for workers? compensation and similar programs.
Coroners, Medical Examiners and
Funeral
Directors. We may disclose health information to a
coroner or medical examiner. We may also disclose medical information
to funeral directors consistent with applicable law to carry out their
duties.
Organ Procurement Organizations.
Consistent with applicable law, We may disclose health information to
organ procurement organizations or entities engaged in the procurement,
banking, or the transportation of organs for the purpose of tissue
donation and transplant.
Research. We may
disclose information to researchers when their research has been
approved by an Institutional Review Board or Privacy Board that has
reviewed the research proposal and established protocols to ensure the
privacy of your healthcare information.
Your
Rights Regarding Your Identifiable Health Information
Confidential Communications. You
have the right to request that we 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 work. In order to request a type of confidential communication,
you must make a written request to us, specifying the requested method
of contact or location where you wish to be contacted. We will
accommodate reasonable requests. You do not need to give a reason for
your request.
Requesting Restrictions.
You have the right to request a
restriction in our use or disclosure of your identifiable health
information for treatment, payment or health care operations.
Additionally, you have the right to request we limit our disclosure of
your identifiable health care information to 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
identifiable health information, you must make your request in writing
to us. Your request must describe in clear and concise fashion: (a) the
information you wish restricted; (b) whether you are requesting to
limit our use, disclosure or both; and (c) to whom you want the limits
to apply.
Inspection and Copies.
You have the right to inspect and obtain a copy of the identifiable
health information 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 us in order to inspect and/or obtain a copy of your identifiable
health information. We may charge a fee for the costs of copying,
mailing, labor and supplies associated with your request. We may deny
your request to inspect and/or copy in certain limited circumstances;
however, you may request a review of our denial. Reviews will be
conducted by another licensed health care professional chosen by us.
Amendment. You may ask
us to amend your health information if you believe it to be incorrect
or incomplete, and you may request an amendment for as long as the
information is kept by or for us. To request an amendment, your request
must be made in and submitted to us in writing. You must provide us
with a reason that supports your request for amendment. We will deny
your request if you fail to submit 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: (a) accurate and correct; (b)
not part of the identifiable health information kept by or for us; (c)
not part of the identifiable health information which you would be
permitted to inspect and copy; (d) not created by us, unless the
individual or entity that created the information is not available to
amend the information.
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
disclosures we have made of your identifiable health information. In
order to obtain an accounting of disclosures, you must submit your
request in writing to our office. All requests for an ?accounting of
disclosures? must state a time period which may not be longer than six
years and may not include dates before April 14, 2003. The first list
you request within a 12 month period is free of charge, but we may
charge you for additional lists within the same 12 month period. We
will notify you of the cost involved with additional requests, and you
may withdraw your request before you incur any costs.
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 our office.
Right to File a Complaint.
If you believe your privacy rights have been violated, you may file a
compliant with us or with the Office of Civil Rights. All complaints
must be in writing. You will not be penalized for filing a complaint.
Right to Provide an Authorization
for Other Uses and Disclosures. We 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 identifiable health
information may be revoked at any time in writing. After you revoke
your authorization, we will no longer use or disclose your identifiable
health information for the reasons described in the authorization.
Please note, we are required to retain records of your care.
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