Understanding Your Health Record & Information
Federal regulations developed under the Health Insurance Portability and Accountability Act (HIPAA) require that this Practice provide you with this Notice Regarding Privacy of Personal Health Information (PHI). A record of your visit is made each time you visit healthcare providers. Typically, this record contains your symptoms, examination and test results, diagnoses, treatment, and a plan for future care or treatment. This information, often referred to as your health or medical record, serves as a:
· Basis for planning your care and treatment.
· Means of communication among other health professionals who contribute to your care.
· Legal documentation describing the care you receive.
· Means by which you or a third party payer can verify that services billed were actually provided.
· A tool with which we can assess and continually work to improve the care we render and the outcomes we achieve.
Understanding what is in your record and how your health information is used helps you:
· Ensure its accuracy.
· Better understand who, what, when, where, and why others may access your health information.
· Make more informed decisions when authorizing disclosure to others.
Our Responsibilities
This Practice is required to:
· Maintain the privacy of your health information.
· Provide you with a notice as to our legal duties and privacy practices with respect to information we collect and maintain about you.
· Abide by the terms of this notice.
· Notify you if we are unable to agree to a requested restriction.
· Accommodate reasonable requests you may have to communicate health information by alternative means or at alternative locations.
We reserve the right to change our practices and to make the new provisions effective for all protected health information we maintain. Should our information practices change, we will inform you.We will not use or disclose your health information without your authorization, except as described in this notice.
Use & Disclosure of PHI in Treatment, Payment, & Health Care
Your Personal Health Information (PHI) may be used and disclosed by this Practice in the course of providing treatment, obtaining payment for treatment, and conducting healthcare operations. Disclosures may be in writing, electronically, by facsimile, or orally. Additionally, the Practice may also use your PHI to remind you of an appointment, inform you of potential treatment alternatives, and inform you of health-related benefits or services that may be of interest to you.
Other Uses or Disclosures Permitted Without Authorization
In addition to treatment, payment, and healthcare operations, this Practice may use or disclose your PHI without your permission or authorization in certain circumstances including:
· When legally required to comply with any federal, state, or local laws that involve disclosure of your PHI.
· When there are risks to public health as permitted or required by law such as for the purpose of preventing or controlling disease, injury, or disability.
· To report abuse, neglect, or domestic violence if it is believed that the patient or others in relationship with the patient is the victim.
· To conduct health oversight activities such as audits, or civil, administrative, or criminal investigations, proceedings, or actions.
· For judicial and administrative proceedings authorized by an order of a court or administrative tribunal.
· For specialized government functions if you have served as a member of the armed forces or in the Department of State and disclosure is requested by you or requested by US military command authorities.
· To deceased patients’ family members as mandated by state law or to a family member or friend that was involved in your care or payment for care prior to death, based on your prior consent.
· In medical emergencies in order to prevent serious harm.
· To close family members or friends directly involved in your treatment based on your consent or as necessary to prevent serious harm.
· For public safety if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
· For court proceedings you are involved in. Disclosure typically requires you (or your legal representative’s) written authorization, or a court order, or if a subpoena of which you have been properly notified and you have failed to inform BAPC that you oppose the subpoena. If you are involved in or contemplating litigation, you should consult with your attorney to determine whether a court would be likely to order BAPC to disclose information.
· If a patient files a complaint or lawsuit against, BAPC may disclose relevant information regarding that patient in order to defend BAPC/the mental health professional.
· For a worker’s compensation claim, and BAPC provides necessary treatment related to that claim, BAPC must upon appropriate request, submit treatment reports to the appropriate parties, including the patient’s employer, the insurance carrier or an authorized qualified rehabilitation provider.
Additional Disclosures
The law protects the privacy of all communications between a patient and a provider. In most situations, BAPC can only release information about your treatment to others if you sign a written Authorization form that meets certain legal requirements imposed by HIPAA. There are other situations that require only that you provide written, advance consent. Your signature on this Agreement provides consent for those activities, as follows:
• Consultation with other health and mental health professionals about a case. During a consultation, therapist make every effort to avoid revealing the identity of the client. The other professionals are also legally bound to keep the information confidential. If you don’t object, I will not tell you about these consultations unless I feel that it is important to our work together. Consultations may be noted in your Clinical Record.
• This office has many mental health professionals and administrative staff. In most cases, protected information is shared for both clinical and administrative purposes, such as scheduling, billing and quality assurance. All of the mental health professionals and staff members have been given training about protecting your privacy and have agreed not to release any information outside of the practice without the permission of a professional staff member.
• BAPC has contracts with companies such as accountants, network administrator, data management software company, and insurance/billing clearinghouse. As required by HIPAA, BAPC has formal business associate contracts with this/these business (es), in which it/they promise to maintain the confidentiality of this data except as specifically allowed in the contract or otherwise required by law.
Your Health Information Rights
Although your health record is the physical property of the healthcare practitioner or facility that compiled it, the information belongs to you. You have the right to:
· Request a restriction on certain uses and disclosures of your information as provided by 45 CFR 164.522.
· Obtain a paper copy of the notice of information practices upon request.
· Inspect and copy your health record as provided for in 45 CFR 164.524.
· Amend your health record as provided in 45 CFR 164.528.
· Obtain an accounting of disclosures of your health information as provided in 45 CFR 164.528.
· Request communication of your health information by alternative means or at alternative locations.
· Revoke your authorization to use or disclose health information except to the extent that action has already been taken.
· Be notified if a breach of PHI occurs.
For More Information or to Report a Problem
If you have questions and would like additional information, you may contact the Privacy Officer at our office at the address listed above. If you believe your privacy rights have been violated, you can file a complaint with the Director of Health Information Management or with the Secretary of Health and Human Services. There will be no retaliation for filing a complaint.