"Rosy Health care Services, Inc. Privacy Policy"
Effective Date Of Privacy Notice: April 11, 2003
Note: Effective Date May Not Be Earlier Than Date
Published/Printed
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU
MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY
As a patient receiving health services and care, we understand
you may be concerned about how your medical and other health-related
information may be handled. That is why we, as an organization,
are committed to ensuring patient privacy and confidentiality
to you and others that we serve. That is also why we have developed
this Notice, made it available to you, and why we, as an organization,
are dedicated to abiding by the terms of the Notice, as currently
in effect. To the extent you may have any questions or concerns
relating to the matters and issues addressed in this Notice, please
do not hesitate to contact Dr. Sunday "Sunny" Uzuh.
I. General
This Notice is drafted and provided to you, consistent with
the requirements of the privacy rules ("Privacy Rules) of
the Health Insurance Portability and Accountability Act ("
HIPAA "). As a health care provider, we are committed to
meet the requirements of the law to maintain the privacy of your
and other patients' Protected Health Information, and to provide
you with this Notice of your legal duties and our privacy practices
relating to your Protected Health Information. As you may already
know, the privacy rules of the Health Insurance Portability and
Accountability Act ("HIPAA ") have come into effect.
The HIPAA Privacy Rules mark this nation's first set of comprehensive
standards to ensure patient privacy and confidentiality. We, as
a health care provider, are subject to the requirements of the
HIPAA Privacy Rules. Equally, or perhaps more important, we are
committed as an organization to continually strive to act consistently
with the underlying purpose and philosophy of the HIPAA Privacy
Rules to properly safeguard and protect from improper disclosure
health information that either identifies you or can be reasonably
used to ascertain your identity, and which is transferred or maintained
to another party in electronic or other form. This information
is what this Notice refers to as "Protected Health Information".
II. Uses/Disclosures Related To
Treatment. Payment Or Health Care Operations
The law permits us to use and/or disclose Protected Health Information
to carry out treatment, payment and other health care operations.
Treatment: An example of when we might use/disclose your Protected
Health Information for treatment/care purposes is when your medical/health
Information is needed by another health care provider, such as
a hospital, to better understand that your medical/health condition,
properly diagnose, care and treat you. Another example is when
we might disclose certain Information about a patient to facilitate
a pharmacy's filling that your prescription. Payment: An example
of when we might use/disclose Protected Health Information for
payment purposes is when we disclose your Protected Health Information
to your insurance company to facilitate our ability to receive
reimbursement from that health insurance company. When we disclose
Information for payment purposes, we will work to only disclose
that Protected Health Information which is minimally necessary
to ensure proper and timely payment of claims. Health Care Operations:
Best described, the ten Health Care Operations means those other
functions and activities that we perform, which allow us to best
serve you as a health care provider. Some examples of what constitute
Health Care Operations are when we use and/or disclose your Protected
Health
Information for quality assessment and improvement activities
- to make us a better health care provider to serve you. Another
example may be when we use and/or disclose Protected Health Information
to better manage our operations, such as when we share Information
with a Business Associate to ensure proper accounting and record-keeping
relating to our services.
III. Uses/Disclosures When An Authorization Is Not Required
In some cases, the law permits us to use and/or disclose Protected
Health Information, without requiring you to sign an Authorization.
In many cases, these types of uses and/or disclosures are permitted
to promote the government's need to ensure a safe and healthy
society. In other cases, the law does not require an Authorization
because it would be impracticable to require an Authorization.
The law also permits us to use/disclose Protected Health Information
for certain specific purposes, where we are not specifically required
to obtain your advance written Authorization. Whenever doing so,
we are committed to make sure that we meet the necessary prerequisites
before using/disclosing your Protected Health Information for
those purposes, and to not use/disclose more of your Protected
Health Information than is otherwise required/permitted under
the law.
There are several types of areas where the law permits us to
use/disclose Protected Health Information in good faith, and consistent
with the requirements of the HIPAA Privacy Rules and other laws.
Sometimes, emergency circumstances may dictate our need to use
and/or disclose Protected Health Information without obtaining
an Authorization, to properly treat and care for patients. In
other cases, the law emphasizes society's need for disclosing
Protected Health Information, without first requiring patients
to enter into an Authorization. These types of uses/disclosures
of Protected Health Information include those: to avert communicable
or spreading diseases; for public health activities; for federal
intelligence, counter-intelligence and national security purposes;
to properly assist law enforcement to carry out their duties;
when a judge or administrative tribunal order the release of such
Protected Health Information; for cadaveric organ, eye and tissue
donations (where appropriate); to help apprehend criminals; to
assist armed forces personnel and operations; for military service,
veterans affairs separation/discharge matters; for coroner/medical
examiner purposes; for health oversight purposes (such as when
the government requests certain information from us); to assist
victims of abuse, neglect or domestic violence; to address work-related
illness/workplace injuries and for workers' compensation purposes;
to carry out clinical research that involves treatment where the
proper body has determined the importance for doing so; for FDA-related
purposes; for certain health and safety purposes; for funeral/funeral
director purposes; to help determine veterans eligibility status;
to protect Presidential and other high-ranking officials; to correctional
institutions/law enforcement officials acting in a custodian capacity;.
In addition, the law recognizes that there are certain instances
where using and/or disclosing Protected Health Information, without
first requiring an Authorization, would not unduly intrude upon
a patient's rights to privacy and confidentiality, and where it
would be too administratively burdensome to require an Authorization.
An immediate example is when the use and/or disclosure of the
Protected Health Information is made to the patient, him/herself,
or to a personal representative of the patient who the law requires
to be treated as the patient. Other types of uses/disclosures
include those made to prepare and maintain facility directories;
to notify family members and close others about a patient's condition
and/or location; or for disaster relief purposes. In those cases,
although an Authorization is not required, we will attempt to
provide you with the opportunity to verbally or otherwise agree/object
to the use/disclosure, to the extent required by the HIPAA Privacy
Rules.
IV. Uses/Disclosures Where An Authorization Is Required
For other types of uses and/or disclosures of Protected Health
Information, the law requires us to obtain what is known as an
Authorization. An Authorization can be revoked by you at any time,
as long as we have not already reasonably relied on it to make
a particular use and/or disclosure. Some examples of where the
Authorization form would be required include when the uses/disclosures
are made to a patient's employer for disability, fitness for duty
or drug testing purposes. Other examples include certain types
of marketing activities.
V. Appointment Reminders And Information On Treatment Alternatives
We may use and/or disclose your Protected Health Information,
as appropriate, for appointment reminders and to provide you with
information on potential/ treatment alternatives. From time to
time, we may need our use and/or disclose your Protected Health
Information to provide you with appointment reminders or provide
you with Information about treatment alternatives or other health-related
benefits and services.
VI. Uses/Disclosures For Fund Raising Purposes
To the extent permitted by the HIPAA Privacy Rules, we may use
and/disclose your Protected Health Information for fund raising
purposes. From time to time, we -consistent with the limits posed
by the HIPAA Privacy Rules -may use and/or disclose your Protected
Health Information. In doing so, we are committed to meeting the
requirements of the HIPAA Privacy Rules to best ensure patient
privacy and confidentiality. In some instances, you may have the
right under the HIPAA Privacy Rules to opt out of such communications.
VII. Your Right To Request Additional Restrictions On The Use/Disclosure
Of Protected Health Information
You have the right to request additional restrictions relating
to the use and/or disclosure of your Protected Health Information.
Although we are not legally required to grant such additional
restrictions, it is your right to make such a request. As an organization
committed to recognizing patient privacy and confidentiality,
we recognize and respect your right as a patient to request additional
restrictions on how you are otherwise permitted to use and/or
disclose Protected Health Information, beyond those otherwise
required under the HIPAA Privacy Rules. This includes your right
to request confidential communications when their Protected Health
Information is involved. Please note, however, that we are not
legally required under the HIPAA Privacy Rules to agree to the
requested restriction.
VIII. Your Right To Obtain Access To Protected Health Information
You have the right to obtain access to your Protected Health
Information, consistent with the provisions of the HIPAA Privacy
Rules. You have the right to request and obtain access to your
Protected Health Information, to the extent required by and consistent
with the HIPAA Privacy Rules. We reserve the right to deny access
to Protected Health Information that is, not otherwise, required
to be given under the HIPAA Privacy Rules or other applicable
law. We reserve the right to charge you a reasonable, cost-based
fee for copying (including the cost of supplies and labor) any
Protected Health Information required to be copied to adequately
respond to your access request, as well as any postage costs and
costs associated with preparing an explanation or summary of the
Protected Health Information necessary to adequately respond to
your access request (unless otherwise precluded by applicable
State or other law).
IX. Your Right To Amend Protected Health Information
You have the right to amend your Protected Health Information,
to the extent permitted and consistent with the provisions of the
HIPAA Privacy Rules. You have the right to request that we amend
your Protected Health Information, to the extent of and consistent
with the HIPAA Privacy Rules. Please note that we reserve the right
to, among other things, deny requests for amendments that are not
required to be granted under the HIPAA Privacy Rules, including
when the Protected Health Information at issue is accurate and complete.
X. Your Right To An Accounting Of Disclosures Of Protected Health
Information
You have the right to an accounting of disclosures of your Protected
Health Information, to the extent permitted and consistent with
the provisions of the HIPAA Privacy Rules. You have the right
to request and obtain a proper accounting of disclosures we have
made of your Protected Health Information, consistent with the
requirements of the HIPAA Privacy Rules. Please note that, under
this section, we reserve the right to, among other things, limit
any such accountings to disclosures made after the compliance
date of the HIPAA Privacy Rules, as well as deny accounting requests
that are otherwise not required under the HIPAA Privacy Rules.
In providing you with an accounting of your Protected Health Information,
we reserve the right to charge you a reasonable, cost-based fee
in connection with any second or other subsequent accounting request
you may make during a twelve (12) month period. In reserving the
right to charge you such fees, you should note that you have the
opportunity to withdraw or modify any such second or other such
accounting request made during that twelve (12) permit you to
avoid/reduce the fees charged.
XI. Your Right To Obtain A Paper COPY Of This Notice
You have the right to obtain a paper copy of this Notice. If
you do not already have a paper copy of this Notice, please do
not hesitate to contact Dr. Sunday "Sunny" Uzuh in order
to receive one. In addition to providing you the right to obtain
a paper copy of the Notice, we may also provide copies of our
Notice via e-mail and/or website, to the extent applicable and
as permitted by the HIPAA Privacy Rules. This, however, does not
alleviate our duty to provide you with a paper copy of the Notice
upon request.
XII. Your Right To Complain About How Your Protected Health
Information Is Handled
We recognize and respect your right to file a complaint against
"US", if you believe in good faith that we have violated
your privacy rights, including under the HIPAA Privacy Rules.
We do not retaliate against persons who file such complaints either
with us or with the United States Department of Health and Human
Services Office of Civil Rights. You have the right to complain
to us about how we handle your Protected Health Information, including
if you believe in good faith that we may have violated your privacy
rights under the law. To register a complaint with us, you may
either, write, call or request to see Dr. Sunday "Sunny"
Uzuh. We do not have a rigid set of requirements for you to file
a complaint. Rather, we simply ask that you provide us with the
necessary information to properly and timely follow-up on your
concerns/complaint, so that we may be able to address it in the
most proactive and effective manner.
In addition, if you believe we have not been attentive and have
violated your privacy rights, you also have the right to contact
the United States Department of Health and Human Services ("HHS")
about us. The office within HHS responsible for processing and
reviewing complaints relating to the HIPAA Privacy Rules, and
for enforcing the HIPAA Privacy Rules is the HHS Office of Civil
Rights ("OCR"). You may contact the HHS OCR about any
complaints you have, as follows:
Medical Privacy, Complaint Division, Office Of Civil Rights,
United States Department of Health and Human Services, 200 Independence
Avenue, S.W., Room 509F, HHH Building, Washington, D.C. 20201;
Voice Hotline Number (800) 368-1019; Internet Address www.hhs.gov/ocr.
We again emphasize that it is against our policies and procedures
to retaliate against any patient who has filed a privacy complaint,
either with us, or the HHS OCR. Should you believe that "WE"
might have retaliated against you in any way upon your filing
a complaint with us, or the HHS OCR, please immediately contact
Dr. Sunday "Sunny" Uzuh, so that we may properly address
that issue for you.
XIII. Changes to the Terms of our Notice of Privacy Practices
We reserve the right to change the terms of our notice of privacy
practices at any time and to make the new notice provisions effective
for all protected health information that we maintain. If there
is a change, we will notify you as soon as practicable by mail
or hand delivery.
XIII. Contact Information
Should you have any questions, concerns or issues relating to
the topics covered in this Notice, we have established a specific
contact person/office for you to contact. In addition, we have
also designated a person/office to receive and properly handle
any privacy complaints you have, including where you in good faith
believe that we have violated your privacy rights under the HIPAA
Privacy Rules. We have designated the following person/office
for you to contact in the event you may have any questions, concerns
or issues relating to the matters addressed in this Notice. The
person/office we have designated to assist you is as follows:
Dr. Sunday "Sunny" Uzuh,
HIPAA Administrator
3724 Airport Blvd.
512-251-7555
In addition, we have designated the following person/office for
you to contact to file any complaints you may have on how we handle
your Protected Health Information, including if you believe in
good faith that we might have violated your privacy rights under
the HIPAA Privacy Rules. The person/office we have designated
to receive, process and properly follow-up on your complaints
is:
Dr. Sunday "Sunny" Uzuh,
HIPAA Administrator
3724 Airport Blvd.
512-251-7555
|