Neurosurgical Solutions, PA
Notice of Privacy Practices
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.
If you have any questions about this Notice please contact Neurosurgical Solutions, PA
This Notice of Privacy Practices 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 rights to access and control your protected
health information. ÒProtected health informationÓ 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.
We are required to abide by the terms of this Notice of
Privacy Practices. We may change the terms of our 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 accessing our web site http://www.neurosurgicalsolutions.com, calling the office and requesting
that a revised copy be sent to you in the mail or asking for one at the time of
your next appointment.
1. Uses and Disclosures of Protected Health
Information
Uses and Disclosures of Protected Health Information: Your protected health information
may be used and disclosed by your physician, our office staff and others
outside of our office that are involved in your care and treatment for the
purpose of providing health care services to you. Your protected health
information may also be used and disclosed to pay your health care bills and to
support the operation of the physicianÕs practice.
Following are examples of the types of uses and disclosures
of your protected health care information that the physicianÕs office is
permitted to make. These examples are not meant to be exhaustive, but to
describe the types of uses and disclosures that may be made by our office.
Treatment: We will use and disclose your protected health information
to provide, coordinate, or manage your health care and any related services.
This includes the coordination or management of your health care with a third
party that has already obtained your permission to have access to your
protected health information. For example, we would disclose your protected
health information, as necessary, to a home health agency that provides care to
you. We will also disclose protected health information to other physicians who
may be treating you when we have the necessary permission from you to disclose
your protected health information. For example, your protected health
information may be provided to a physician to whom you have been referred to
ensure that the physician has the necessary information to diagnose or treat
you.
In addition, we may disclose your protected health
information from time-to-time to another physician or health care provider
(e.g., a specialist or laboratory) who, at the request of your physician,
becomes involved in your care by providing assistance with your health care
diagnosis or treatment to your physician.
Payment: Your protected health information will be used, as needed,
to obtain payment for your health care services. This may include certain
activities that your health insurance plan may undertake before it approves or
pays for the health care services we recommend for you such as; making a
determination of eligibility or coverage for insurance benefits, reviewing
services provided to you for medical necessity, and undertaking utilization
review activities. For example, obtaining approval for a hospital stay may require
that your relevant protected health information be disclosed to the health plan
to obtain approval for the hospital admission.
Healthcare Operations: We may use or disclose, as-needed,
your protected health information in order to support the business activities
of your physicianÕs practice. These activities include, but are not limited to,
quality assessment activities, employee review activities, conducting
educational programs, accreditation, certification, licensing, or credentialing
activities.
In addition, we may use a sign-in sheet at the registration
desk where you will be asked to sign your name and indicate your physician. We
may also call you by name in the waiting room when your physician is ready to
see you. We may use or disclose your protected health information, as
necessary, to contact you to remind you of your appointment.
We will share your protected health information with business
associates that perform various activities (e.g., billing, transcription
services) for the practice. Whenever an arrangement between our office and a
business associate involves the use or disclosure of your protected health
information, we will have a written contract that contains terms that will
protect the privacy of your protected health information.
We may provide you with information about treatment
alternatives or other health-related benefits and services that may be of
interest to you. We may also send you information about products or services
that we believe may be beneficial to you. You may contact our Privacy Contact
to request that these materials not be sent to you.
Uses and Disclosures of Protected Health Information
Based upon Your Written Authorization
Other uses and disclosures of your protected health
information will be made only with your written authorization, unless otherwise
permitted or required by law as described below. You may revoke this
authorization, at any time, in writing, except to the extent that your
physician or the physicianÕs practice has taken an action in reliance on the
use or disclosure indicated in the authorization.
Other Permitted and Required Uses and Disclosures That
May Be Made With Your Consent, Authorization or Opportunity to Object
We may use and disclose your protected health information in
the following instances. You have the opportunity to agree or object to the use
or disclosure of all or part of your protected health information. If you are
not present or able to agree or object to the use or disclosure of the
protected health information, then your physician may, using professional
judgement, determine whether the disclosure is in your best interest. In this
case, only the protected health information that is relevant to your health
care will be disclosed.
Others Involved in Your Healthcare: Unless you object, we may disclose
to a member of your family, a relative, a close friend or any other person you
identify, your protected health information that directly relates to that
personÕs involvement in your health care. If you are unable to agree or object
to such a disclosure, we may disclose such information as necessary if we
determine that it is in your best interest based on our professional judgment.
We may use or disclose protected health information to notify or assist in
notifying a family member, personal representative or any other person that is
responsible for your care of your location, general condition or death.
Finally, we may use or disclose your protected health information to an authorized
public or private entity to assist in disaster relief efforts and to coordinate
uses and disclosures to family or other individuals involved in your health
care.
Other Permitted and Required Uses and Disclosures That
May Be Made Without Your Authorization or Opportunity to Object
We may use or disclose your protected health information in
the following situations without your authorization. These situations include:
Required By Law: We may use or disclose your protected health
information to the extent that the use or disclosure is required by law. The
use or disclosure will be made in compliance with the law and will be limited
to the relevant requirements of the law. You will be notified, as required by
law, of any such uses or disclosures.
Public Health: We may disclose your protected health information
for public health activities and purposes to a public health authority that is
permitted by law to collect or receive the information. The disclosure will be
made for the purpose of controlling disease, injury or disability. We may also
disclose your protected health information, if directed by the public health
authority, to a foreign government agency that is collaborating with the public
health authority.
Communicable Diseases: We may disclose your protected
health information, if authorized by law, to a person who may have been exposed
to a communicable disease or may otherwise be at risk of contracting or
spreading the disease or condition.
Health Oversight: We may disclose protected health
information to a health oversight agency for activities authorized by law, such
as audits, investigations, and inspections. Oversight agencies seeking this
information include government agencies that oversee the health care system,
government benefit programs, other government regulatory programs and civil
rights laws.
Abuse or Neglect: We may disclose your protected
health information to a public health authority that is authorized by law to
receive reports of child abuse or neglect. In addition, we may disclose your
protected health information if we believe that you have been a victim of
abuse, neglect or domestic violence to the governmental entity or agency
authorized to receive such information. In this case, the disclosure will be
made consistent with the requirements of applicable federal and state laws.
Food and Drug Administration: We may disclose your protected health
information to a person or company required by the Food and Drug Administration
to report adverse events, product defects or problems, biologic product
deviations, track products; to enable product recalls; to make repairs or
replacements, or to conduct post marketing surveillance, as required.
Legal Proceedings: We may disclose protected health
information in the course of any judicial or administrative proceeding, in
response to an order of a court or administrative tribunal (to the extent such
disclosure is expressly authorized), in certain conditions in response to a
subpoena, discovery request or other lawful process.
Law Enforcement: We may also disclose protected health information,
so long as applicable legal requirements are met, 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 PracticeÕs premises) and it is likely that a crime has occurred.
Coroners, Funeral Directors, and Organ Donation: We may disclose protected health
information to a coroner or medical examiner 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 for cadaveric organ, eye or tissue donation purposes.
Research: We may disclose your protected health information to
researchers when their research has been approved by an institutional review
board that has reviewed the research proposal and established protocols to
ensure the privacy of your protected health information.
Criminal Activity: Consistent with applicable federal
and state laws, we may disclose your protected health 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 protected health information if it is necessary for law
enforcement authorities to identify or apprehend an individual.
Military Activity and National Security: When the appropriate conditions
apply, we may use or disclose protected health information of individuals who
are Armed Forces personnel (1) for activities deemed necessary by appropriate
military command authorities; (2) for the purpose of a determination by the
Department of Veterans Affairs of your eligibility for benefits, or (3) to
foreign military authority if you are a member of that foreign military
services. We may also disclose your protected health information to authorized
federal officials for conducting national security and intelligence activities,
including for the provision of protective services to the President or others
legally authorized.
WorkersÕ Compensation: Your protected health information
may be disclosed by us as authorized to comply with workersÕ compensation laws
and other similar legally-established programs.
Inmates: We may use or disclose your protected health information if
you are an inmate of a correctional facility and your physician created or received
your protected health information in the course of providing care to you.
Required Uses and Disclosures: 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.
2. Your Rights
Following is a statement of your rights with respect to your
protected health information and a brief description of how you may exercise
these rights.
You have the right to inspect and copy your protected
health information. This means you may inspect and obtain a copy of protected health
information about you that is contained in a designated record set for as long
as we maintain the protected health information. A Òdesignated record setÓ
contains medical and billing records and any other records that your physician
and the practice uses for making decisions about you.
Under federal law, however, you may not inspect or copy the
following records; psychotherapy notes; information compiled in reasonable
anticipation of, or use in, a civil, criminal, or administrative action or
proceeding, and protected health information that is subject to law that
prohibits access to protected health information. Depending on the
circumstances, a decision to deny access may be reviewable. In some
circumstances, you may have a right to have this decision reviewed. Please
contact our Privacy Contact if you have questions about access to your medical
record.
You have the right to request a restriction of your
protected health information. This means you may ask us not to use or disclose any part
of your protected health information for the purposes of treatment, payment or
healthcare operations. You may also request that any part of your protected
health information not be disclosed to family members or friends who may be
involved in your care or for notification purposes as described in this Notice
of Privacy Practices. Your request must state the specific restriction
requested and to whom you want the restriction to apply.
Your physician is not required to agree to a restriction
that you may request. If physician believes it is in your best interest to
permit use and disclosure of your protected health information, your protected
health information will not be restricted. If your physician does agree to the
requested restriction, we may not use or disclose your protected health
information in violation of that restriction unless it is needed to provide
emergency treatment. With this in mind, please discuss any restriction you wish
to request with your physician.
You have the right to request to receive confidential
communications from us by alternative means or at an alternative location. We will accommodate reasonable
requests. We may also condition this accommodation by asking you for
information as to how payment will be handled or specification of an
alternative address or other method of contact. We will not request an
explanation from you as to the basis for the request. Please make this request
in writing to our Privacy Contact.
You may have the right to have your physician amend
your protected health information. This means you may request an amendment of protected health
information about you in a designated record set for as long as we maintain
this information. In certain cases, we may deny your request for an amendment.
If we deny your request for amendment, you have the right to file a statement
of disagreement with us and we may prepare a rebuttal to your statement and
will provide you with a copy of any such rebuttal. Please contact our Privacy
Contact to determine if you have questions about amending your medical record.
You have the right to receive an accounting of certain
disclosures we have made, if any, of your protected health information. This right applies to disclosures
for purposes other than treatment, payment or healthcare operations as
described in this Notice of Privacy Practices. It excludes disclosures we may
have made to you, as a result of an authorization signed by you, to family
members or friends involved in your care, or for notification purposes. You
have the right to receive specific information regarding these disclosures that
occurred after April 14, 2003. You may request a shorter timeframe. The right
to receive this information is subject to certain exceptions, restrictions and
limitations.
You have the right to obtain a paper copy of this
notice from us,
upon request, even if you have agreed to accept this notice electronically.
3. Complaints
You may complain to us or to the Secretary of Health and
Human Services if you believe your privacy rights have been violated by us. You
may file a complaint with us by notifying our privacy contact of your
complaint. We will not retaliate against you for filing a complaint.
You may contact our Privacy Contact, Lisa Dawson at (336) 794-0057 for further information about the complaint process.
This notice was published and becomes effective December 12, 2002, updated 7/31/04.