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. SOME OF THE INFORMATION MAY NOT APPLY AS IT RELATES TO OUR OFFICE.
IF NOT DONE SO ALREADY, YOU WILL BE ASKED TO ACKNOWLEDGE RECEIPT OF THIS INFORMATION
UPON VISITING OUR OFFICE. This Privacy Notice is being provided to you as a requirement
of a federal law, the Health Insurance Portability and Accountability Act (HIPAA).
This Privacy Notice describes how we may use and disclose your protected health
information to carry out treatment, payment, or health care operations and for
other purposes that are permitted or required by law. It also describes your right
to access and control your protected health information. Your “protected health
information” means any written or oral information about you, including demographic
data that can be used to identify you, created or received by your health care
provider, which relates to your past, present, or future physical or mental health
or condition. Uses and Disclosures of Protected Health Information for Treatment,
Payment, and Health Care Operations We may use your protected health information
for the purposes of providing treatment, obtaining payment for treatment, and
conduction health care operations. Your protected health information may be used
or disclosed only for these purposes unless we have obtained your authorization
or the use or disclosure is permitted or required by the HIPAA regulations or
other law. Disclosures of your protected health information for the purposes described
in this Privacy Notice may be made in writing, orally, or by electronic means.
1. Treatment. We will use and disclose your protected healthcare information to
provide, coordinate, or manage your health care and related services, including
coordination and management with third parties for treatment purposes. Here are
some examples of how we may use or disclose your protected health information
for treatment: We may disclose your protected health information to a laboratory
to order tests. We may disclose your protected health information to other physicians
who may be treating you or consulting with us regarding your care. We may disclose
your protected health information to those who may be involved in your care after
you leave here, such as family members or your personal representative. 2. Payment.
We will use your protected health information to obtain payment for the services
we provide to you. We may also disclose your protected health information to another
provider involved in your care for their payment activities. Here are some examples
of how we may use or disclose your protected health information for payment: We
may communicate with your health insurance company to get approval for the services
we render, to verify your health insurance coverage, to verify that particular
services are covered under your insurance plan, and to demonstrate medical necessity.
We may disclose your protected health information to anesthesia care providers
involved in your care so they can obtain payment for their services. 3. Health
Care Operations. We may use and disclose your protected health information to
facilitate our own health care operations and to provide quality care to all of
our patients. Health care operations include such activities as: quality assessment
and improvement; employee review activities; conduction or arranging for medical
review, legal services, and auditing functions, including fraud and abuse detection
and compliance reviews; business planning and development; and business management
and general administrative activities. In certain situations, we may also disclose
your protected health information to another provider or health plan for their
health care operations. Here are some examples of how we may use or disclose your
protected health information for health care operations: We may use your protected
health information to review our treatment and services and to evaluate the performance
of our staff in caring for you. We may combine protected health information about
many patients to decide what additional services we 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
personnel for review and learning purposes. We may also use or disclose your protected
health information in the course of maintenance and management of our electronic
health information systems. 4. Other Uses and Disclosures. As part of the functions
above, we may use or disclose your protected health information to provide you
with appointment reminders, to inform you of treatment alternatives, or to provide
you with information about other health-related benefits and services which may
be of interest to you. Uses and Disclosures of Protected Health Information Permitted
without Authorization or Opportunity for the Individual to Object The federal
privacy rules allow us to use or disclose your protected health information without
your authorization and without your having the opportunity to object to such use
or disclosure in certain circumstances, including: 1. When Required By Law. We
will disclose your protected health information when we are required to do so
by federal, state, or local law. 2. For Public Health Reasons. We may disclose
your protected health information as permitted or required by law for the following
public health reasons: For the prevention, control, or reporting of disease, injury
or disability; For the reporting of vital events such as birth or death; For public
health surveillance, investigations, or interventions; For purposes related to
the quality, safety, or effectiveness of FDA-regulated products or activities,
including: Collection and reporting of adverse events, product defects or problems,
or biological product deviations. Tracking of FDA-regulated products. Product
recalls, repairs, or lookback. Post-marketing surveillance. To notify a person
who has been exposed to a communicable disease or who may be at risk of contracting
or spreading a disease or condition; Under certain limited circumstances, to report
to an employer information about an individual who is a member of the employer’s
workforce. 3. To Report Abuse, Neglect, or Domestic Violence. We may notify government
authorities if we believe a patient is a victim of abuse, neglect, or domestic
violence. We will make this disclosure only when specifically authorized or required
by law, or when the patient agrees to the disclosure. 4. For Health Oversight
Activities. We may disclose your protected health information to a health oversight
agency for oversight activities authorized by law, including audits; civil, administrative,
or criminal investigations; inspections; licensure or disciplinary actions; civil,
administrative, or criminal proceedings or actions; or other activities necessary
for appropriate oversight. 5. For Judicial or Administrative Proceedings. We may
disclose your protected health information in the course of any judicial or administrative
proceeding in response to an order of a court or administrative tribunal as expressly
authorized by such order. We may disclose your protected health information in
response to a subpoena, discovery request, or other lawful process that is not
accompanied by an order of a court or administrative tribunal if we have received
satisfactory assurances that you have been notified of the request or that an
effort has been made to secure a protective order. 6. For Law Enforcement Purposes.
We may disclose your protected health information to a law enforcement official
for law enforcement purposes, including: Wound or physical injury reporting, as
required by law. In compliance with, and as limited by the relevant requirements
of a court order or court-ordered warrant, a subpoena, summons, or similar process.
Identification or location of a suspect, fugitive, material witness, or missing
person. Under certain limited circumstances when you are the victim of a crime.
Alerting law enforcement of the death of an individual where there is suspicion
that the death may have resulted from criminal conduct. Reporting criminal conduct
that occurred on the premises of the provider. In an emergency to report a crime.
7. To Coroners, Medical Examiners, and Funeral Directors. We may disclosed protected
health information to a coroner or medical examiner for the purpose of identifying
a deceased person, determining a cause of death, or other duties as authorized
by law. We may disclose protected health information to funeral directors, consistent
with applicable law, as necessary to carry out their duties with respect to the
decedent. In some cases such disclosures may occur prior to, and in reasonable
anticipation of, the individual’s death. 8. For Organ or Tissue Donation. We may
use or disclose protected health information to organ procurement organizations
or other entities engaged in the procurement, banking, or transplantation of cadaveric
organs, eyes, or tissue for the purpose of facilitating donation and transplant.
9. For Research Purposes. We may use or disclose your protected health information
for research purposes when an institutional review board that has reviewed the
research proposal and protocols to safeguard the privacy of your protected health
information has approved such use or disclosure. 10. To Avert a Serious Threat
to Health or Safety. We may, consistent with applicable law and standards of ethical
conduct, use or disclose your protected health information if we believe, in good
faith, that such use or disclosure is necessary to prevent or lessen a serious
and imminent threat to your health and safety or that of the public. 11. For Specialized
Government Functions. We may use or disclose your protected health information,
as authorized or required by law, to facilitate specified government functions
related to military and veterans activities; national security and intelligence
activities; protective services for the President and others; medical suitability
determinations; correctional institutions and other law enforcement custodial
situations. 12. For Workers’ Compensation. We may use and disclose your protected
heath information, as necessary, to comply with workers’ compensation laws or
similar programs. Uses and Disclosures of Protected Health Information Permitted
without Authorization but with an Opportunity for the Individual to Object We
may use your protected health information to maintain a directory of patients
in our facility. The information included in the directory will be limited to
your name, your location in our facility, and your condition described in general
terms. We may disclose your protected health information to a friend or family
member who is involved in your medical care or payment for care. In addition,
if applicable, 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. You may object to these disclosures. If you do not object
to these disclosures, or we determine in the exercise of our professional judgment
that it is in your best interest for us to disclose information that is directly
relevant to the person’s involvement with your care, we may disclose your protected
health information. Uses and Disclosures of Protected Health Information which
You Authorize Other than the uses and disclosures described above, we will not
use or disclose your protected health information without your written authorization.
Authorizations are for specific uses of your protected health information, and
once you give us authorization, any disclosures we make will be limited to those
consistent with the terms of the authorization. You may revoke your authorization,
by submitting a revocation in writing, at any time, except to the extent that
we have already taken action in reliance upon your authorization. Your Rights
Regarding Your Protected Health Information You have the following rights regarding
your protected health information: 1. The Right to Request Restriction of Uses
and Disclosures. You have the right to request that we not use or disclose certain
parts of your protected health information for the purposes of treatment, payment,
or healthcare operations. You also have the right to request that we do not disclose
your protected health information to friends or family members who may be involved
in your care, or for notification purposes as described earlier in this notice.
Your request must be made in writing and must state the specific restriction requested
and the individuals to whom the restriction applies. We are not required to agree
to a restriction you may request. We will notify you if we do not agree to your
restriction request. If we do agree to the restriction request, we will not use
or disclose your protected health information in violation of the agreed upon
restriction, unless necessary for the provision of emergency treatment. We may
terminate our agreement to a restriction if you agree to the termination in writing;
if you agree to the termination orally and the oral agreement is documented, or
if we notify you of termination of the agreement and the termination applies only
to protected health information created or received by us after you receive the
notice of termination of the restriction. Request for restrictions must be made
in writing to the Privacy Officer. 2. The Right to Request Confidential Communications.
You have the right to request that you receive communications of protected health
information from us by alternative means or at alternative locations. We must
accommodate any reasonable request of this nature. We may condition the provision
or accommodation by requesting information from you describing how payment will
be handled, or by requesting specification of an alternative address or alternative
form of contact. Requests for confidential communications must be made in writing
to the Privacy Officer. 3. The Right to Inspect and Copy Protected Health Information.
You have the right to inspect and obtain a copy of your protected health information
that is maintained in a designated record set for as long as we maintain the protected
health information. The designated record set is a collection of records maintained
by us, which contains medical and billing information used in the course of your
care, and any other information used to make decisions about you. By law, you
do not have a right to access psychotherapy notes; information compiled in reasonable
anticipation of, or for use in, a civil, criminal, or administrative proceeding;
and protected health information which is subject to a law which prohibits access
to protected health information. Depending on the circumstance of your request,
you may have the right to have a decision to deny access reviewed. We may deny
your request to inspect or copy your protected health information if, in our professional
judgment, we determine that the access requested is likely to endanger you or
another person, or is likely to cause substantial harm to another person referenced
within the protected health information. You have a right to request a review
of a denial of access. If you request a copy of your information, we may charge
you a fee for the costs of copying, mailing, or other costs incurred by us as
a result of complying with your request. Requests for access to your protected
health information must be made in writing to the Privacy Officer. 4. The Right
to Amend Protected Health Information. You have the right to request that we amend
your protected health information in a designated record set for as long as we
maintain that information. In certain cases we may deny your request. If we deny
your request you will be notified in writing, and you will have the right to file
a statement of disagreement with us. We may prepare a rebuttal to your statement
of disagreement and if we do so we will provide a copy of our rebuttal to you.
Requests for amendment of protected health information must made in writing to
the Privacy Officer, and must include a reason to support the requested amendments.
5. The Right to Receive an Accounting of Disclosures of Protected Health Information.
You have the right to request an accounting of disclosures of your protected health
information made by us. This right applies to disclosures made by us except for
disclosures: to carry out treatment, payment, or health care operations as described
in this Notice or incidental to such use; to you or your personal representatives;
pursuant to your authorization; for our directory, or other notification purposes,
or to persons involved in your care; or for certain other disclosures we are permitted
to make without your authorization. Requests for disclosure of accounting must
specify a time period sought for the accounting, with the maximum time period
being six years prior to the date of the request. We are not required to provide
accounting for disclosures made before April 14, 2003. We will provide the first
disclosure accounting you request during any 12-month period without charge. Subsequent
disclosure accounting request will be subject to a reasonable cost-based fee.
6. The Right to Obtain a Paper Copy of this Notice. Upon request, we will provide
a paper copy of this notice. Your Rights Regarding Your Protected Health Information
We are required by law to maintain the privacy of your health information and
to provide you with this Privacy Notice of our legal duties and privacy practices
with respect to protected health information. We are required to abide by the
terms of the Notice currently in effect. We reserve the right to change the terms
of this Notice and to make any new provisions effective for all protected health
information that we maintain. If we change the Notice, we will provide a copy
of the revised notice through in-person contact. Your Rights Regarding Your Protected
Health Information You have the right to express complaints to us and to the Secretary
of the Department of Health and Human Services if you believe that your privacy
rights have been violated. If you wish to complain to us, please do so in writing,
and direct your complaint to the Privacy Officer. You will not be penalized for
filing a complaint. Contact Information For further information about this Notice,
please contact: Privacy Contact The Kurtin Eye Care Center, 4104 West 15th Street,
Plano, Texas 75093. If you have privacy issues, or if you believe that your privacy
rights have been violated, please contact: Privacy Officer 4104 West 15th Street,
Plano, Texas, 75093. The Privacy Contact and Privacy Officer can be contacted
by telephone at (972) 964-3937. Effective Date This Notice is effective April
14, 2003.