How We May Use or Disclose Your Health Information
We collect health information about you and store it in an encrypted electronic record. By law, we are required to ensure that your protected health information (referred to in this Notice of Privacy Practices as “PHI,” “medical information” or “health information”) is kept confidential. PHI consists of information created or received by us that can be used to identify you. It contains data about your past, present or future health or condition, the provision of health care services to you, or the payment for such services. Under the Health Information Portability and Accountability Act (“HIPAA”), we can use or disclose your PHI under the following circumstances:
1. Treatment. We may use or disclose your PHI in order to provide, coordinate or manage your medical care. For example, we disclose medical information to our employees and others within our practice who are involved in providing the care you need. In addition, we may share your medical information with other physicians, pharmacists, laboratories, medical technology companies, or other health care providers who are not part of our practice and who will provide services to you and may provide you with their Notice of Privacy Practices.
2. Payment. We may use and disclose PHI to obtain payment for the services we provide. For example, we might send PHI to your insurance company, credit card processor, or accounting software vendor to obtain payment for services that we provide to you.
3. Health Care Operations. We may use and disclose your PHI as needed to operate our practice. For example, we may use and disclose this information to review and improve the quality of care we provide, or the competence and qualifications of our professional staff. We may also use and disclose this information as necessary for medical reviews, legal services and audits (including fraud and abuse detection and compliance programs) and business planning and management. Under HIPAA, we may share your PHI with our "business associates" that perform administrative or other services for us. An example of a business associate is Google, Inc, which offers document storage and applications enabling the delivery of our mental health care services through the internet. We have a written contract with each of these business associates that contains terms requiring them to protect the confidentiality of your PHI.
4. Notification and Communication with Family. We may disclose to a family member, your personal representative, or another person responsible for your care, the PHI directly relevant to that person’s involvement in your care or about your location, your general condition or death. In the event of an emergency, we may disclose information to public service organizations to facilitate your care. We may also disclose information to someone who is involved with your care or helps pay for your care. If you are able and available to agree or object, we will give you the opportunity to object prior to making these disclosures, although we may disclose this information in the event of a disaster even over your objection if we believe it is necessary to respond to the emergency circumstances. If you are unable or unavailable to agree or object, our health professionals will use their best judgment in communication with your family and others.
5. Required by Law. As required by law, we will use and disclose your PHI, but we will limit our use or disclosure to the relevant requirements of the law. For example, we may use or disclose PHI when the law requires us to report abuse, neglect or domestic violence, respond to judicial or administrative proceedings, respond to law enforcement officials or report information about deceased patients.
6. Public Health Activities. We may, and are sometimes required by law to, disclose your health information to public health authorities for public health activities such as: preventing or controlling disease, injury or disability; reporting child, elder or dependent adult abuse or neglect; reporting domestic violence, reporting communicable disease or infection exposure, and reporting to the Food and Drug Administration problems with products and reactions to medications. Such disclosures shall be made consistent with the requirements of applicable federal and state law.
7. Health Oversight Activities. We may, and are sometimes required by law to, disclose your health information to health oversight agencies during the course of audits, investigations, inspections, licensure and other proceedings, subject to the limitations imposed by federal and state law.
8. Judicial and Administrative Proceedings. We may, and are sometimes required by law to, disclose your PHI in the course of an administrative or judicial proceeding to the extent expressly authorized by a court or administrative order. We may also disclose information about you in response to a subpoena, discovery request, or other lawful process if reasonable efforts have been made to notify you of the request and you have not objected, or if your objections have been resolved by a court or administrative order.
9. Law Enforcement. To the extent authorized or required by law, we may disclose your PHI to a law enforcement official for purposes including (1) those required by law such as the reporting of certain types of wounds or other physical injuries, (2) compliance with legal processes including requirements of a court order, warrant, grand jury or administrative subpoena and other judicial or administrative summons, (3) limited information requests for identification and location purposes, (4) pertaining to victims of a crime, (5) suspicion that death has occurred as a result of criminal conduct, (6) where PHI constitutes evidence of criminal conduct that has occurred on the premises of our practice, and (7) medical emergencies where it is likely that a crime has occurred. If you are an inmate of a correctional institution or under the custody of law enforcement, we may release PHI about you to the correctional institution as authorized or required by law.
10. Coroners, Medical Examiners and Organ Donation. We may disclose your PHI to coroners or medical examiners for identification purposes, determining cause of death or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose protected health information to a funeral director, as authorized by law, in order to permit the funeral director to carry out their duties. We may disclose such information in reasonable anticipation of death. Protected health information may be used and disclosed to organizations involved in procuring, banking, or transplanting organs and tissues for cadaveric organ, eye or tissue donation purposes.
11. Public Safety. We may, and are sometimes required by law to, disclose your PHI to appropriate persons in order to prevent or lessen a serious and imminent threat to the health or safety of a reasonably foreseeable victim or victims and for other public safety purposes. We may also disclose your PHI if it is necessary for law enforcement authorities to identify or apprehend an individual.
12. National Security/Protective Services. To the extent authorized or required by law, we may disclose your PHI for purposes including (1) military and veteran activities, (2) national security or intelligence activities, (3) protective services for the President or other authorized persons or foreign heads of state, (4) medical suitability determinations such as national security clearance, (5) correctional institutions and other law enforcement custodial situations, and (6) eligibility determinations for provision of public benefits under government programs.
13. Worker’s Compensation. We may disclose your health information as necessary to comply with worker’s compensation laws.
14. Minors. If you are an unemancipated minor, there may be circumstances in which we disclose health information about you to a parent, guardian, or other person acting in loco parentis, in accordance with our legal and ethical responsibilities.
15. Change of Ownership. In the event that our practice is sold or merged with another organization, we will transfer your medical records to the new owner, although you will maintain the right to request that copies of your health information be transferred to another health care provider or group. Please note that although certain disclosures described above do not require your prior authorization under HIPAA, under state law we may not be able to make certain disclosures listed above unless you authorize the disclosure.