If you have any questions
about this notice, please contact the Privacy Contact for the
practice:
Privacy Contact
865-549-4638
info@etcrs.com
This notice was published and becomes
effective on April 14, 2003.
Our Pledge Regarding Medical Information
We understand that medical information
about you and your health is personal and we are committed to maintaining
the confidentiality of your medical information. We create and maintain a
record of the care and services that you receive at our practice. We need
this record to treat you and to comply with certain legal requirements.
This notice applies to all of the records of your care generated by our
practice, whether made by your personal doctor or by other personnel
within our practice.
This notice advises you about the ways in
which we may use and disclose medical information about you. It also
describes your rights to access and control your medical information.
.Medical information. is information about you, including demographic
information, that may identify you and that relates to your past, present
or future physical or mental health or condition and related health care
services. This notice also describes your rights and explains certain
obligations we have regarding the use and disclosure of medical
information.
We are required by law to:
- Make sure that medical information that
identifies you is kept private.
- Provide you with this notice of our
legal duties and privacy practices with respect to medical information
about you.
- Follow the terms described in this
notice
We may change the terms of this notice at
any time. The new notice will be effective for all protected health
information that we maintain at that time. Upon your request, we will
provide you with any revised Notice of Privacy Practices by calling our
office and requesting that a revised copy be sent to you in the mail, by
asking for one at the time of your next office visit, or by accessing our
website.
How We May Use and Disclose Medical
Information About You
The following categories describe different
ways that we may use and disclose medical information. For each category
of uses or disclosures, we will explain what we mean and provide examples.
Not every use or disclosure in a category will necessarily be listed
below. However, all of the ways which we are permitted to use and disclose
information will fall within one of the categories.
Treatment - We may use
medical information about you to provide you with medical treatment or
services. We may disclose medical information about you to doctors,
nurses, technicians, medical students, or other practice personnel who are
involved in your medical care and treatment. For example, a doctor
treating you for a broken leg may need to know if you have diabetes
because diabetes may slow the healing process. In addition, the doctor may
need to inform the dietitian if you have diabetes so that we can arrange
for you to receive information regarding appropriate meals. Different
areas of the practice also may share medical information about you in
order to coordinate the different things you need, such as prescriptions,
lab work and x-rays. We also may disclose medical information about you to
people outside the practice who may be involved in your medical care after
you leave our office, such as family members, clergy or others we may rely
upon or ask to assist us in caring for you.
Payment - We may use and
disclose medical information about you so that the treatment and services
which we provide to you at our practice, or at a hospital, ambulatory
surgery center, nursing home or other site may be billed to and payment
may be collected from you and/or your insurance company or other
responsible third party. For example, we may need to provide to your
health insurance plan information about the services which we provided to
you at our practice, hospital or ambulatory surgery center, so that your
health plan will pay us or reimburse you for the services. We may also
advise your health insurance plan about a treatment you are going to
receive in order to obtain prior approval or to determine whether your
plan will cover the treatment.
Health Care Operations - We
may use and disclose medical information about you for our practice
operations. These uses and disclosures are necessary to operate our
practice and make sure that all of our patients receive quality care. For
example, we may use medical information to review our treatment and
services and to evaluate the performance of our staff in caring for you.
We may also combine medical information about many practice patients to
decide what additional services the practice should offer, what services
are not needed, and whether certain new treatments are effective. We may
also disclose information to doctors, nurses, technicians, medical
students, and other practice personnel for review and learning purposes.
We may also combine the medical information we have with medical
information from other practices to compare how we are doing and see where
we can make improvements in the care and services that we offer. We may
remove information that identifies you from this set of medical
information so others may use it to study health care and health care
delivery without learning who the specific patients are.
Appointment Reminders - We
may use and disclose medical information in connection with our efforts to
remind you that you have an appointment.
Treatment Alternatives - We
may use and disclose medical information to tell you about or recommend
possible treatment options or alternatives that may be of interest to you.
For example, we may use your information to determine whether you qualify
for a nutritional counseling program.
Health-Related Benefits and Services
- We may use and disclose medical information to tell you about
health-related benefits or services that may be of interest to you.
Fundraising Activities - We
may use or disclose your demographic information and the dates that you
received treatment from your doctor, as necessary, in order to contact you
for fundraising activities supported by our practice. If you do not want
to receive these materials, please contact our Privacy Contact and request
that these fundraising materials not be sent to you.
Ambulatory Surgery Center Registry
- If your care or services are performed at an ambulatory surgery center
that is part of our practice, we may include certain limited information
about you in the ambulatory surgery registry while you are a patient at
the ambulatory surgery center. This information may include your name,
location within the ambulatory surgery center, the facility directory,
your general condition (e.g., fair, stable, etc.) and your religious
affiliation. The registry information, except for your religious
affiliation, may also be released to people who ask for you by name. Your
religious affiliation may be given to a member of the clergy, even if they
don.t ask for you by name. This is so your family, friends and clergy can
visit you in the ambulatory surgery center and generally be advised of how
you are doing.
Individuals Involved in Your Care or
Payment for Your Care - We may release medical information about
you to a friend or family member who is involved in your medical care. We
may also give information to someone who helps pay for your care. For
example, a babysitter responsible for the care of a child may be provided
with certain information about the treatment which we provided to the
child. We may also advise your family or friends about your condition and
that you are in a hospital, ambulatory surgery center or at our office. In
addition, we may disclose medical information about you to an entity
assisting in a disaster relief effort so that your family can be notified
about your condition, status and location.
Research - Under certain
circumstances, we may use and disclose medical information about you for
research purposes. For example, a research project may involve comparing
the health and recovery of all patients who received one medication to
those who received another, for the same condition. All research projects,
however, are subject to a special approval process. This process evaluates
a proposed research project and its use of medical information, trying to
balance the research needs with patients. need for privacy of their
medical information. Before we use or disclose medical information for
research, the project will have been approved through this research
approval process. We may, however, disclose medical information about you
to people preparing to conduct a research project, for example, to help
them look for patients with specific medical needs, so long as the medical
information they review does not leave the practice. We will almost always
ask for your specific permission if the researcher will have access to
your name, address or other information that reveals who you are, or will
be involved in your care at the practice.
SPECIAL SITUATIONS - Other
Permitted and Required Uses and Disclosures That May Be Made Without Your
Consent, Authorization or Opportunity to Object:
Emergencies - We may use or
disclose your medical information in an emergency treatment situation. If
this happens, your doctor shall try to obtain your consent as soon as
reasonably practicable after the delivery of treatment. If your doctor or
another doctor in the practice is required by law to treat you and the
doctor has attempted to obtain your consent but is unable to obtain your
consent, he or she may still use or disclose your medical information in
order to treat you.
Communication Barriers - We
may use and disclose your medical information if your doctor or another
doctor in the practice attempts to obtain consent from you but is unable
to do so due to substantial communication barriers and the doctor
determines, using professional judgment, that you intend to consent to use
or disclosure under the circumstances.
Coroners, Medical Examiners and
Funeral Directors - We may release medical information to a
coroner or to a medical examiner. This may be necessary, for example, to
identify a deceased person or to determine the cause of death. We may also
release medical information about patients to funeral directors as
necessary to carry out their duties.
Organ and Tissue Donation -
If you are an organ donor we may release medical information to
organizations that handle organ procurement or organ, eye or tissue
transplantation or to an organ donation bank, as necessary to facilitate
organ or tissue donation and transplantation.
As Required By Law - We will
disclose your medical information when required to do so by federal, state
or local law. The use or disclosure will be made in compliance with the
law and will be limited to the relevant requirements of the law.
Legal Proceedings - If you
are involved in a lawsuit or a dispute, we may disclose medical
information about you in response to a court or administrative order. We
may also disclose medical information about you in response to a subpoena,
discovery request, or other lawful process by someone else involved in the
dispute, but only if required by law or if efforts have been made to tell
you about the request or to obtain an order protecting the information
requested.
Public Health - We may
disclose medical information about you for public health activities. These
activities generally include the following:
- To prevent or control disease, injury or
disability.
- To report births and deaths.
- To report child abuse or neglect.
- To report reactions to medications or
problems with products.
- To notify people of recalls of products
they may be using.
- To notify a person who may have been
exposed to a disease or may be at risk for contracting or spreading a
disease or condition.
- To notify the appropriate government
authority if we believe a patient has been the victim of abuse,
neglect or domestic violence. In this case, the disclosure will be
made consistent with the requirements of applicable federal and state
laws.
To Avert a Serious Threat to Health
or Safety - We may use and disclose medical information about you
when necessary to prevent a serious threat to your health and safety or
the health and safety of the public or another person. Any disclosure,
however, would only be to someone able to help prevent the threat.
Law Enforcement - We will
disclose medical information when required to do so for law enforcement
purposes. These law enforcement purposes include (1) legal processes and
otherwise required by law, (2) limited information requests for
identification and location purposes, (3) pertaining to victims of a
crime, (4) suspicion that death has occurred as a result of criminal
conduct, (5) in the event that a crime occurs on the premises of the
practice, and (6) medical emergency (not on the practice.s premises) and
it is likely that a crime has occurred.
Criminal Activity -
Consistent with applicable federal and state laws, we may disclose your
medical information, if we believe that the use or disclosure is necessary
to prevent or lessen a serious and imminent threat to the health or safety
of a person or the public. We may also disclose medical information if it
is necessary for law enforcement authorities to identify or apprehend an
individual.
Inmates - If you are an
inmate of a correctional facility or under the custody of a law
enforcement official, we may release medical information about you to the
correctional facility or law enforcement official. This release would be
necessary (1) for the institution to provide you with health care; (2) to
protect your health and safety or the health and safety of others; or (3)
for the safety and security of the correctional institution.
National Security and Intelligence
Activities - We may release medical information about you to
authorized federal officials for intelligence, counterintelligence,
protection of the President, other authorized persons or foreign heads of
state, for purpose of determining your own security clearance and other
national security activities authorized by law.
Military and Veterans - If
you are a member of the armed forces, we may release medical information
about you as required by military command authorities. We may also release
medical information about foreign military personnel to the appropriate
foreign military authority. If you are a member of the Armed Forces, we
may disclose medical information about you to the Department of Veterans
Affairs upon your separation or discharge from military services. This
disclosure is necessary for the Department of Veterans Affairs to
determine whether you are eligible for certain benefits.
Workers. Compensation - We
may release medical information about you to comply with worker.s
compensation laws or similar programs. These programs provide benefits for
work-related injuries or illness.
Health Oversight Activities -
We may disclose medical information to a health oversight agency for
activities authorized by law. These oversight activities include, for
example, audits, investigations, inspections, and licensure. These
activities are necessary for the government to monitor the health care
system, government programs, and compliance with civil rights laws. Under
the law, we must make disclosures to you and when required by the
Secretary of the Department of Health and Human Services to investigate or
determine our compliance with the requirements of Section 164.500 et. seq.
Your Rights Regarding Medical
Information About You
You have the following rights regarding
medical information we maintain about you:
Right to Inspect and Copy -
You have the right to inspect and copy medical information that may be
used to make decisions about your care. Usually, this includes medical and
billing records and any other records that your doctor and the practice
use for making decisions about you. We may deny your request to inspect
and copy in certain limited circumstances. Under federal law, you may not
inspect or copy (1) psychotherapy notes; (2) information compiled in
reasonable anticipation of, or use in, a civil, criminal, or
administrative action or proceeding; (3) medical information that is
subject to law that prohibits access to medical information. If you are
denied access to medical information, you may request that the denial be
reviewed. Another licensed health care professional chosen by the practice
will review your request and the denial. The person conducting the review
will not be the person who denied your request. We will comply with the
outcome of the review.
To inspect and copy medical information
that may be used to make decisions about you, you must submit your request
in writing to our Privacy Contact. If you request a copy of the
information, we may charge a fee as permitted by state law for the costs
of copying, mailing or other supplies associated with your request.
Right to Amend - If you feel
that medical information we have about you is incorrect or incomplete you
have the right to request an amendment for as long as the information is
maintained by the practice. Your request must be made in writing to our Privacy
Contact and you must provide a reason that supports your request. We
may deny your request for an amendment if it is not in writing or does not
include a reason to support the request. In addition, we may deny your
request if you ask us to amend information that:
- Was not created by us, unless the person
or entity that created the information is no longer available to make
the amendment.
- Is not part of the medical information
maintained by the practice.
- Is not part of the information which you
would be permitted to inspect and copy.
- Is accurate and complete.
Right to Request Confidential
Communications - You have the right to request that we communicate
with you about medical matters in an alternative way or at an alternative
location. For example, you can ask that we only contact you at work or by
mail. We will accommodate reasonable requests and we will not request an
explanation for your request. Please make this request in writing to our
Privacy Contact.
Right to Request Restrictions
- You have the right to request a restriction or limitation on the medical
information we use or disclose about you for treatment, payment or health
care operations. You also have the right to request a limit on the medical
information we disclose about you to someone who is involved in your care
or the payment for your care, like a family member or friend. For example,
you could ask that we not use or disclose information about a surgery that
you had. Your request must be made in writing to our Privacy Contact and
you must tell us (1) what information you want to limit; (2) whether you
want to limit our use, disclosure or both; and (3) to whom you want the
limits to apply, for example, disclosures to your spouse.
The practice is not required to agree
to your request. If your doctor believes it is in your best
interest to permit the use and disclosure of your medical information,
then your medical information will not be restricted. If we do agree, we
will comply with your request unless the information is needed to provide
you with emergency treatment. With this in mind, please discuss any
restriction you wish to request with your doctor.
Right to an Accounting of Disclosures
- You have the right to request an .accounting of disclosures.. This is a
list of the disclosures we made of medical information about you. This
right applies to disclosures other than purposes of treatment, payment or
health care operations as described in this Notice of Privacy Practices.
It excludes disclosures we may have made to you, for a facility directory,
to family members or friends involved in your care, or for notification
purposes. Your request must be made in writing to our Privacy Contact
and must indicate a time-period that may not be longer than six years and
may not include dates prior to April 14, 2003. Your request should
indicate in what form you want the list (for example, on paper,
electronically). The first list you request within a 12-month period will
be provided at no cost to you. For additional lists, we may charge you for
the costs of providing the list. We will notify you of the cost involved
and you may choose to withdraw or modify your request at that time before
any costs are incurred.
Right to a Paper Copy of This Notice
- You have the right to a paper copy of this notice, even if you have
agreed to receive this notice electronically. You may ask us to provide
you with a copy of this notice at any time.
Complaints
If you believe your privacy rights have
been violated, you may file a complaint with the practice or with the
Secretary of the Department of Health and Human Services. All complaints
must be made in writing. You will not be penalized for filing a
complaint.
To file a complaint with the practice
contact our Privacy Contact.
Other Uses of Medical Information
Other uses and disclosures of medical
information not covered by this notice or the laws that apply to us will
be made only with your written permission. If you provide us permission to
use or disclose medical information about you, you may revoke that
permission, in writing, at any time. If you revoke your permission, we
will no longer use or disclose medical information about you for the
reasons covered by your written authorization. You understand that we are
unable to take back any disclosures we have already made with your
permission, and that we are required to retain our records of the care
that we provided to you.