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.
This Notice of Privacy Practices (“Notice”) is effective this 4th day of March, 2020.
Spectra Healthcare Associates, PA (Spectra”) is committed to ensuring the privacy of your health information. We are required by law to: (i) to maintain the privacy of your health information; (ii) give you this Notice describing our legal duties and privacy practices with respect to your health information; (iii) to notify you following a breach of your health information; and (iv) follow the terms of this Notice that is currently in effect. We reserve the right to update this Notice and apply the terms of the updated Notice to health information we maintain about you. Our current Notice in effect will be posted on our website, at our office, and made available to you when you come to our office for an appointment. You also have the right to request a copy of our current Notice in paper or electronic form at any time.
USES AND DISCLOSURES
Your health information may be used and disclosed as described in this Notice by your physician, our office staff and others at Spectra. The following sections describe common ways we may use or disclose your health information. While not a complete list of allowable disclosures, these examples will provide you with an understanding of acceptable disclosures made by Spectra without your written authorization.
Treatment: Spectra may use and disclose your health information to provide, coordinate, or manage your health care treatment. For example, we may use your health information for coordination or management of your health care with another provider. We may also disclose your health information to another physician or health care provider, such as a laboratory, who is involved in your treatment.
Health Care Operations: Spectra may use and disclose your health information in order to support Spectra’s operations. Examples of health care operations include, but are not limited to, quality assessment and improvement activities, business planning and development, staff training, and licensing. We may also provide you with information about treatment alternatives or other services that may be of interest to you. Please contact our Privacy Officer if you would prefer not to receive these materials.
Payment: Spectra may use and disclose your health information to obtain payment for services provided to you by us or by another provider. For example, we may need to provide your health information to your insurance carrier so that your health insurance will pay us or reimburse you for the services provided to you.
Fundraising: We may use some of your demographic information to contact you for fundraising activities. If you do not wish to receive these materials, you may opt-out by contacting Spectra’s Privacy Officer, whose contact information is provided at the end of this Notice.
Business Associates: We may share your health information with third party “business associates” that perform various activities on our behalf, such as billing services, transcription services, and legal services. Prior to disclosing any protected health information with a business associate, we will establish a written contract that protects the privacy of your information.
Additional Uses and Disclosures
Some of the other ways we may also use or disclose your health information without your written authorization include:
Disclosures Required By Law & Workers Compensation: We are permitted to use or disclose your health information to the extent that law requires the use or disclosure. For example, we will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy laws. We are also permitted to disclose your health information as authorized by law to comply with workers’ compensation laws and other similar legally established programs.
Abuse or Neglect: We believe abuse or neglect to be a serious issue. We may disclose your health information to a public health authority authorized to receive reports of child abuse or neglect. We may also disclose your information if, in our best judgment, we believe you have been a victim of abuse, neglect or domestic violence. When disclosing health information in cases of abuse or neglect, we will follow applicable state and federal laws.
Public Health, Communicable Diseases and Imminent Threats: We are permitted to disclose your health information for public health purposes or to a public health authority that is permitted by law to collect or receive the information. Examples may include disclosures to prevent or control disease or injury. We are permitted to disclose your health information, if authorized by law, to a person who may have been exposed to a communicable disease. We may disclose your information if said person may be at risk of contracting or spreading the disease or condition. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
Research & Health Oversight: We are permitted to disclose your health information to researchers when an institutional review board that has reviewed the research proposal, as well as established protocols to ensure the privacy of your information has approved their research. We are permitted to disclose health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections.
Legal Proceedings: We can share health information about you in response to a court or administrative order, or in response to a subpoena.
Law Enforcement: We may also disclose health information under lawful conditions to law enforcement.
Organ Donation, Coroners, & Funeral Directors: We are permitted to disclose 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. Health information may also be used and disclosed for cadaveric organ, eye or tissue donation purposes.
Military Activity and National Security: We are permitted to use or disclose health information of individuals who are members of the armed forces if authorized or required by law to do so. We are also permitted to disclose your information to authorized federal officials for special government functions such as military, national security, and presidential protective services.
Unless required or permitted by law, your written authorization will be required for all other uses and disclosures of your health information. Uses and disclosures for marketing purposes and psychotherapy notes fall within this category and require your authorization. We also must have your authorization to sell your health information. You may revoke an authorization at any time, by written request. If you revoke your authorization, we will no longer use or disclose your health information for the reasons covered by your written authorization. However, uses and disclosures made before your revocation are not affected by your action and we cannot take back any disclosures we may have already made with your authorization.
The following are examples of instances where we may use and disclose your health information if you do not object after having the opportunity to do so. If you are not present or able to agree or object to the use or disclosure, then we may, using professional judgment, determine whether the disclosure is in your best interest.
Right to Inspect and Copy: You have the right to inspect and/or receive a copy of your medical records, billing records and any other records that are used by us to make decisions about you. You can request your records by submitting a request to our office in writing. To the extent permitted by federal or state law, we may charge you a reasonable fee. Under certain circumstances, we may deny access. If your request is denied, you may request that we designate a licensed health care professional to review the denial. We will comply with the outcome of the review. If we maintain an electronic copy of your health information, then you have the right to receive an electronic copy the same. Please contact our Privacy Officer if you have questions.
Right to Request Restrictions: You have the right to request a restriction or limitation on the health information we use or disclose about you for treatment, payment or health care operations. To request a restriction, please contact our Privacy Officer. You will be asked to submit your request in writing. We are not required to agree to all restrictions and may deny your request if we believe it will affect your care. However, if you request that we not disclose certain information to your health insurer and that information relates to a health care product or service for which we have already received payment in full, then we must agree to that request. If we agree to your restriction request, we will notify you of our agreement in writing and comply with your request unless the information is needed to provide you with emergency treatment or we are required or permitted by law to disclose it. We are also allowed to end the restriction if we inform you that we plan to do so.
Right to Request Confidential Communications: You have the right to request to receive confidential communications from us by alternative means or at an alternative location. You may make this request by submitting it in writing to our Privacy Officer. We strive to accommodate all reasonable requests. As a condition, we may ask for additional information, such as payment, alternative address, or additional contact information.
Right to Request an Accounting: You have the right to receive an accounting of certain disclosures of your health information in the six years prior to your request. This right only applies to certain disclosures and will not include disclosures made for treatment, payment or health care operations, or disclosures made directly to you or based on an authorization. To request an accounting, you may submit your request in writing to the Privacy Officer. We will provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Right to Request an Amendment: You may request an amendment of your health information for so long as we maintain this information. We may deny your request for an amendment in certain circumstances. If we deny your request for amendment, we will notify you in writing within sixty (60) days of the denial and the rights you have related to such a denial.
Right to a Paper Copy: You can ask for a paper copy of this Notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
Complaints
Should you believe your privacy rights have been violated, and you wish to file a complaint, you may submit your complaint directly to us by contacting our Privacy Officer. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services. You will not be penalized for filing a complaint.
Michele Taylor
813-319-0911