CLARITY NEUROLOGY AND PSYCHIATRY LLC
NOTICE OF PRIVACY PRACTICES
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
OUR COMMITMENT TO YOUR PRIVACY
Clarity Neurology and Psychiatry LLC (referred to as “Clarity Neurology and Psychiatry,” “we,” or “us”) is dedicated to maintaining the privacy of your health information. We are required by law to maintain the confidentiality of your health information, provide you with this Notice of our legal duties and the privacy practices that we maintain concerning your health information, and to notify you of a breach of your unsecured health information. We are required to follow the terms of this Notice that are in effect at the time.
Applicability and Changes to this Notice. The terms of this Notice apply to all records containing your health information that are created or retained by us. This Notice will be followed by all our health care professionals, employees, medical staff, and other individuals providing services at Clarity Neurology and Psychiatry. We reserve the right to revise or amend this Notice. Any revision or
amendment to this Notice will be effective for all medical records that we have created or maintained in the past, and for any records that we may create or maintain in the future. We will post a current copy of this Notice on our website. You may also request a copy of the current Notice at any time by reaching out to us at the contact information provided at the end of this Notice.
YOUR RIGHTS
When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Right to Inspection and Copies. You have the right to get an electronic or paper copy of your medical records, billing records, and other records maintained by us that are used to make decisions about you. This right does not include psychotherapy notes or health information that is not part of your designated record set. To obtain copies, request inspection of your health information, or request that we send such records to a third party, you must submit your request in writing to Clarity Neurology and Psychiatry’s Privacy Officer, whose contact information is included at the end of this Notice. We may charge a reasonable fee that will be in compliance with applicable law. We may deny your request in limited circumstances. If your request is denied, in some instances, you may request a review of our denial. Another licensed health care professional chosen by us will conduct such reviews and we will follow their findings.
Right to Request an Amendment. You can ask us to correct the health information we maintain about you if you believe it is incorrect or incomplete. To request an amendment, your request must be made in writing and submitted to the Clarity Neurology and Psychiatry Privacy Officer or Administrator. Please provide us with a reason for your request and identify the records you would like amended. If we agree to your request, we will notify you and amend your health information. Please note that we cannot completely delete information contained in your record and the change requested by you will appear as an addendum to the existing record. In certain circumstances, we may deny your request. If your request is denied, we will inform you in writing and explain your rights.
Right to an Accounting of Disclosures. You can ask for a list (an accounting) of the times we shared your health information for six years prior to the date of your request, who we shared it with, and why. Please note the accounting will not include disclosures made regarding treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We will provide one accounting a year for free but may charge a reasonable, cost-based fee if you ask for another one within 12 months. To request an accounting disclosure, submit your request in writing to the Privacy Officer or Administrator listed below.
Right to Request Restrictions. You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care. If we agree to your request, our agreement will be in writing, and we will comply with the restriction unless the information is needed to provide you with emergency care or we are required or permitted by law to disclose it. If you pay in full for a service or health care item out- of-pocket, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will agree to this request unless a law requires us to share that information.
Right to Confidential Communications. You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will agree to all reasonable requests. To request confidential communications, you must make a written request to our Privacy Officer specifying the requested method of contact for billing purposes, or the location where you wish to be contacted. You do not need to give a reason for your request.
Right to a Paper Copy of This Notice. You are entitled to receive a paper copy of this Notice at any time, even if you agreed to receive the Notice electronically. We will provide you with a paper copy promptly.
Right to File a Complaint. If you believe your privacy rights have been violated, you may file a complaint with us by contacting our Privacy Officer or Administrator. All complaints must be submitted in writing to the Privacy Officer at the contact information provided at the end of this Notice. You also have the right to file a complaint with the Secretary of the Department of Health and
Human Services, Office for Civil Rights. We will not retaliate against you for filing a complaint.
Right to a Personal Representative. If you have given someone the legal authority to exercise your rights and choices covered by this Notice, we will honor such requests once we verify their authority. This Notice also applies to minors, disabled adults, or others that are not able to make health care decisions for themselves or who choose to designate someone to act on their behalf. Personal Representatives (including parents of minors and legal guardians) can exercise the rights described in this Notice. There are, however, some situations under State Law where prior authorization of a minor patient is required before certain actions can be taken. We comply with applicable State Laws in this regard.
YOUR CHOICES
In some instances, you can decide what health information we share and with whom we share the information.
Family Members & Friends. We may disclose your health information to individuals who you have chosen to involve in your medical care unless you object to such a disclosure. If you are not able/available to tell us your preference for disclosing your health information with others involved in your care, we may go ahead and share the information if we believe in our professional judgment that it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
Disaster Relief. In the event of a disaster, we may disclose your health information to organizations assisting in disaster relief efforts unless you tell us not to and that decision will not interfere with our ability to respond in emergency circumstances.
Disclosures Requiring Your Authorization. Other uses and disclosures that are not identified by this Notice will be made only with your written authorization. We will never sell or use your health information for marketing purposes without your authorization. Most uses and disclosures of psychotherapy notes require your prior authorization. Any authorization you provide to us regarding the use and disclosure of your health information may be revoked at any time by notifying us in writing. After you revoke your authorization, we will no longer use or disclose your health information base on the authorization. However, uses and disclosures made before we received your withdrawal will not be affected as we cannot take back any disclosures that have already been made based on your authorization. We will never share any substance abuse treatment records without your written permission.
Fundraising. We may contact you for fundraising efforts, but you will be given an opportunity to opt-out of further fundraising communications.
PERMISSIBLE USES & DISCLOSURES
We may use or share your health information in the following ways, in paper or electronic format, without your prior authorization. We will implement safeguards to protect your information when using or disclosing it in these ways.
Treatment. We may use your health information as needed to provide you with treatment. For example, we may use and disclose your health information to order laboratory tests or prescriptions, to assist other health care providers in their treatment of you, or to inform you of potential treatment alternatives or programs. We have implemented reasonable safeguards to protect your health information when receiving treatment at our offices. However, while special care is taken to maintain patient privacy and prevent disclosures of your health information in treatment areas where other patients may be present, some patient information may be incidentally overheard by others while receiving treatment. Should you be uncomfortable with this, please bring this to the attention of our Privacy Officer and your health care provider.
Payment. We may use and disclose your health information to bill and collect payment for the services and items provided by us. For example, we may share your health information with your health insurance plan so it will pay for the services provided to you. We may also share your health information with other health care providers to assist in their billing and collection efforts.
Health Care Operations. We may use and disclose your health information to operate our practice, improve your care, and contact you when necessary. For example, we may use or disclose your health information to evaluate the quality of care you received from us or to conduct cost-management and business planning activities. In some circumstances, we may also share health information with other health care providers for their health care operations.
Business Associates. There are some services provided to our organization through contracts with vendors (or “Business Associates”). Examples include an Electronic Medical Record (EMR) system, billing company, or legal services. When these services are contracted, we may disclose your health information to our Business Associates so that they can perform the job we’ve asked them to do. To protect your health information, we require each Business Associate to agree in writing to safeguard your health information.
Health Information Exchanges. We may participate in one or more Health Information Exchanges (“HIE”). HIEs allow health care entities participating in the same HIE to quickly share health information as necessary to support timely care coordination and quality health care. For example, your health information related to a recent hospital visit may be shared via HIE with us so that we can promptly coordinate necessary follow-up treatment with you. If we participate in an HIE, we will follow applicable state law related to consent and/or opt-out requirements.
Research. We can use or share your information for research purposes. However, if we participate in research, we must meet many conditions in the law before we can share your information for research purposes. For example, we must ensure your identity is protected or obtain prior authorization from you.
OTHER USES & DISCLOSURES
Public Health & Safety. Subject to certain conditions, we can share your health information for the following purposes:
· Preventing disease
· Helping with product recalls
· Reporting adverse reactions
· Reporting suspected abuse, neglect, or domestic violence
· Preventing or reducing a serious threat to anyone’s health or safety.
Compliance with Law. We will share your health information if state or federal laws require it, including with the Department of Health and Human Services for the purpose of confirming our compliance with federal privacy laws.
Organ & Tissue Donation Requests. We can share your health information with organ procurement organizations.
Medical Examiners and Funeral Directors. We can share health information with a coroner, medical examiner, or funeral director in the event of death.
Workers’ Compensation. We may release your health information for workers’ compensation and similar programs subject to the requirements of State Law.
Law Enforcement & Other Government Requests. We may share health information for law enforcement purposes or with law enforcement officials when permitted by law. We may also share health information with health oversight agencies for activities authorized by law, and for special government functions such as military, national security, and presidential protective services.
Court Orders and Subpoenas. We can share your health information in response to a court or administrative order, or in response to a subpoena. We will comply with applicable State Laws when certain information is afforded additional protections.
Unsecured Electronic Communications. Clarity Neurology and Psychiatry LLC takes steps to ensure information in paper and electronic form is protected from unauthorized disclosures in accordance with privacy laws when using and disclosing health information as described in this Notice. However, using any unsecure electronic communication (such as regular email) to communicate with us can present risks to the security of information. These risks include possible interception of the information by unauthorized parties, misdirected emails, shared accounts, message forwarding, or storage of the information on unsecured platforms and/or devices. We do not advise communicating with us via unsecured email or text message or other unsecured electronic means. By choosing to correspond with us via unsecure electronic communication platforms, you are acknowledging and accepting these risks. If you choose to contact us via text messaging or standard email, we may respond to you in the same manner or choose to refrain from text messaging with you, or otherwise limit the information included if we are not able to verify your identity. Additionally, you should understand that use of email, text messaging, and/or any other form of electronic communications is not intended to be a substitute for professional medical advice, diagnosis, or treatment and should never be used in a medical emergency.
HIPAA Considerations Unique to Mobile Medicine. Because Clarity Neurology and Psychiatry provides care utilizing a non-traditional mobile delivery methodology, medical records and related equipment may be transported by secure means to and from the location of care, and all reasonable safeguards will be used to protect your information in full compliance with HIPAA and other applicable privacy statutes regulations.
Questions & Concerns. If you have questions or would like additional information, you may contact our Practice’s Privacy Officer at the below contact. If you believe that your privacy rights have not been followed as directed by applicable law or as explained in this Notice, you may file a complaint with us. Please send any complaint to the Privacy Officer listed below. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services, and you will not be penalized by us for filing such a complaint.
Attn: Privacy Officer Kaitlan Pham
Clarity Neurology and Psychiatry LLC
606 South 11th Street
Richmond, Texas 77469
Phone: 346-330-2672
Fax: 346-528-2672
Email: kaitlan@cnpcare.com
YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ, UNDERSTAND, AND ACCEPT THE CLARITY NEUROLOGY AND PSYCHIATRY, LLC NOTICE OF PRIVACY PRACTICES AND THAT YOU HAVE HAD AN OPPORTUNITY TO HAVE ANY QUESTIONS ANSWERED COMPLETELY.