Piedmont
Ear, Nose & Throat Associates
Notice Of Privacy Practices
As Required by the Privacy Regulations Created as a Result of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA)*
PLEASE REVIEW THIS NOTICE CAREFULLY.
A.
OUR COMMITMENT TO YOUR PRIVACY
Our practice is dedicated to maintaining the privacy of your individually identifiable
health information (IIHI). In conducting our business, we will create records
regarding you and the treatment and services we provide to 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 the privacy practices that we maintain in our practice concerning
your IIHI. 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:
• How we may use and disclose your IIHI
• Your privacy rights in your IIHI
• Our obligations concerning the use and disclosure of your IIHI
The terms of this notice apply to all records containing
your IIHI 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 you may request a copy
of our most current Notice at any time.
B. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:
Privacy Officer, 110 Charlois Blvd, Winston-Salem, NC
27103 336-768-3361
C. WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY IDENTIFIABLE
HEALTH INFORMATION (IIHI) IN THE FOLLOWING WAYS
The following categories describe the different ways in which we may use and
disclose your IIHI.
1. Treatment. Our practice may use your IIHI to
treat you. For example, we may ask you to have laboratory tests (such as blood
tests or throat cultures), and we may use the results to help us reach a diagnosis.
We might use your IIHI in order to write a prescription for you, or we might
disclose your IIHI to a pharmacy when we order a prescription for you. Many
of the people who work for our practice – including, but not limited to,
our doctors and medical assistants – may use or disclose your IIHI in
order to treat you or to assist others in your treatment. Additionally, we may
disclose your IIHI to others who may assist in your care, such as your spouse,
children or parents.
Finally, we may also disclose your IIHI to other health care providers for purposes
related to your treatment.
2. Payment. Our practice may use and disclose
your IIHI 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 IIHI to obtain payment from third parties that may be responsible
for such costs, such as family members. Also, we may use your IIHI to bill you
directly for services and items. We may disclose your IIHI 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 IIHI 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 IIHI to evaluate the quality of care you received from us, or to conduct
cost-management and business planning activities for our practice. We may disclose
your IIHI to other health care providers and entities to assist in their health
care operations.
4. Appointment Reminders. Our practice may use
and disclose your IIHI to contact you and remind you of an appointment.
5. Treatment Options. Our practice may use and
disclose your IIHI to inform you of potential treatment options or alternatives.
6. Health-Related Benefits and Services. Our practice
may use and disclose your IIHI to inform you of health-related benefits or services
that may be of interest to you.
7. Release of Information to Family/Friends. Our
practice may release your IIHI to a friend or family member that is involved
in your/your child’s care, or who assists in taking care of you/your child.
For example, a parent or guardian may authorize a babysitter/grandparent bring
their child to our office for treatment of a sore throat. In this example, the
babysitter/grandparent may have access to this child’s medical information.
8. Disclosures Required By Law. Our practice will
use and disclose your IIHI when we are required to do so by federal, state or
local law.
D. USE AND DISCLOSURE OF YOUR IIHI IN CERTAIN SPECIAL
CIRCUMSTANCES
The following categories describe unique scenarios in which we may use or disclose
your identifiable health information:
1. Public Health Risks. Our practice may disclose
your IIHI 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 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
• 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 IIHI 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.
3. Lawsuits and Similar Proceedings. Our practice
may use and disclose your IIHI in response to a court or administrative order,
if you are involved in a lawsuit or similar proceeding. We also may disclose
your IIHI 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 IIHI 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 has resulted from criminal conduct
• Regarding criminal conduct at 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)
5. Deceased Patients. Our practice may release
IIHI to a medical examiner or coroner to identify a deceased individual or to
identify the cause of death. If necessary, we also may release information in
order for funeral directors to perform their jobs.
6. Organ and Tissue Donation. Our practice may
release your IIHI 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 IIHI for research purposes in certain limited circumstances. We will obtain
your written authorization to use your IIHI for research purposes except
when an Institutional 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 assurances 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 the 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 IIHI 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. Our practice
may disclose your IIHI 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 IIHI to federal officials for intelligence and national security activities
authorized by law. We also may disclose your IIHI 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 IIHI
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 IIHI for workers’ compensation and similar programs.
E. YOUR RIGHTS REGARDING YOUR IIHI
You have the following rights regarding the IIHI that we maintain about you:
1. Confidential Communications. 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 work. In order to request a type
of confidential communication, you must make a written request to the Privacy
Officer, 110 Charlois Blvd., Winston-Salem, NC 27103 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 IIHI for treatment,
payment or health care operations. Additionally, you have the right to request
that we restrict our disclosure of your IIHI 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 IIHI,
you must make your request in writing to The Privacy
Officer, 110 Charlois Blvd., Winston-Salem, NC 27103. 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 IIHI 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 Privacy
Officer, 110 Charlois Blvd., Winston-Salem, NC 27103 in order to inspect
and/or obtain a copy of your IIHI. 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 Privacy Officer, 110 Charlois Blvd., Winston-Salem,
NC 27103 . You must provide us with a reason that supports your request
for amendment. Our practice 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 in our opinion: (a)
accurate and complete; (b) not part of the IIHI kept by or for the practice;
(c) not part of the IIHI 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 IIHI for non-treatment, non-payment or non-operations purposes.
Use of your IIHI 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 your insurance
claim. In order to obtain an accounting of disclosures, you must submit your
request in writing to the Privacy Officer, 110 Charlois
Blvd., Winston-Salem, NC 27103. All requests 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 period 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 Privacy Officer 336-768-3361.
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 Privacy
Officer 336-768-3361. 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 IIHI may be revoked at any time in writing. After you revoke
your authorization, we will no longer use or disclose your IIHI for the reasons
described in the authorization. Please note, we are required to retain records
of your care.