NOTICE OF PRIVACY PRACTICES OF THE WOMEN’S CARE CENTER
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.
Effective: December 2, 2005
If you have any questions or requests, please contact:
Privacy Officer: Tamiko Collins
The Women’s Care Center
10235 Hickorywood Hill Avenue
Huntersville, NC 28078
Phone 704-948-9554
Fax 704-875-0535
A. We Have A Legal Duty to Protect Health Information About You
We are required by law to protect the privacy of health information about
you and that can be identified with you, which we call “protected health
information,” or “PHI” for short. We must give you notice of our legal
duties and privacy practices concerning PHI:
We must protect PHI that we have created or received about: your past,
present, or future health condition; health care we provide to you; or payment for your health care.
We must notify you about how we protect PHI about you.
We must explain how, when and why we use and/or disclose PHI about you.
We may only use and/or disclose PHI as we have described in this Notice.
This Notice describes the types of uses and disclosures that we may make
and gives you some examples. In addition, we may make other uses and
disclosures which occur as a byproduct of the permitted uses and
disclosures described in this Notice. If we participate in an “organized
health care arrangement” (defined in subsection B.3 below), the providers
participating in the “organized health care arrangement” will share PHI
with each other, as necessary to carry out treatment, payment or health
care operations (defined below) relating to the “organized health care arrangement”.
We are required to follow the procedures in this Notice. We reserve the
right to change the terms of this Notice and to make new notice provisions
effective for all PHI that we maintain by first:
Posting the revised notice in our offices; Making copies of the revised notice available upon request (either at our offices or through the contact person listed in this Notice)
Posting the revised notice on our website
B. We May Use and Disclose PHI About You Without Your Authorization in the Following Circumstances
1. We may use and disclose PHI about you to provide health care treatment to you. We may use and disclose PHI about you to provide, coordinate or manage your health care and related services. This may include communicating with other health care providers regarding your treatment and coordinating and managing your health care with others. For example, we may use and disclose PHI about you when you need a prescription, lab work, an x-ray, or other health care services. In addition, we may use and disclose PHI about you when referring you to another health care provider.
EXAMPLE : Your doctor may share medical information about you with another health care provider. For example, if you are referred to another doctor, that doctor will need to know if you are allergic to any medications.
Similarly, your doctor may share PHI about you with a pharmacy when
calling in a prescription.
2. We may use and disclose PHI about you to obtain payment for services.
Generally, we may use and give your medical information to others to bill
and collect payment for the treatment and services provided to you by us
or by another provider. Before you receive scheduled services, we may
share information about these services with your health plan(s). Sharing
information allows us to ask for coverage under your plan or policy and
for approval of payment before we provide the services. We may also share
portions of medical information about you with the following:
Billing departments;
Collection departments or agencies, or attorneys assisting us with
collections;
Insurance companies, health plans and their agents which provide you
coverage;
Hospital departments that review the care you received to check that it
and the costs associated with it were appropriate for your illness or
injury; and
Consumer reporting agencies (e.g., credit bureaus)
EXAMPLE: Let’s say you come in for treatment. We may need to give your
health plan(s) information about your condition, supplies used, and
services you received. The information is given to our billing department
and your health plan so we can be paid or you can be reimbursed.
3. We may use and disclose PHI about you for health care operations.
We may use and disclose PHI in performing business activities, which we
call “health care operations”. These “health care operations” allow us to
improve the quality of care we provide and reduce health care costs. We
may also disclose PHI for the “health care operations” of any “organized
health care arrangement” in which we participate. An example of an
“organized health care arrangement” is the care provided by a hospital and
the physicians who see patients at the hospital. In addition, we may
disclose PHI about you for the “health care operations” of other providers
involved in your care to improve the quality, efficiency and costs of
their care or to evaluate and improve the performance of their providers.
Examples of the way we may use or disclose PHI about you for “health care
operations” include the following:
Reviewing and improving the quality, efficiency and cost of care that we provide to you and our other patients. For example, we may use PHI aboutyou to develop ways to assist our health care providers and staff in
deciding what medical treatment should be provided to others.
Assisting various people who review our activities. For example, PHI may be seen by doctors reviewing the services provided to you, and by accountants, lawyers, and others who assist us in complying with
applicable laws. Planning for our organization’s future operations.
Conducting business management and general administrative activities related to our organization and the services it provides.
Resolving grievances within our organization. Complying with this Notice and with applicable laws.
4. We may use and disclose PHI under other circumstances without your authorization or an opportunity to agree or object.
We may use and/or disclose PHI about you for a number of circumstances in which you do not have to consent, give authorization or otherwise have an opportunity to agree or object. Those circumstances include:
When the use and/or disclosure is required by law. For example, when a
disclosure is required by federal, state or local law or other judicial or
administrative proceeding.
When the use and/or disclosure is necessary for public health activities.
For example, we may disclose PHI about you if you have been exposed to a
communicable disease or may otherwise be at risk of contracting or
spreading a disease or condition.
When the disclosure relates to victims of abuse, neglect or domestic
violence.
When the use and/or disclosure is for health oversight activities. For
example, we may disclose PHI about you to a state or federal health
oversight agency which is authorized by law to oversee our operations.
When the disclosure is for judicial and administrative proceedings. For
example, we may disclose PHI about you in response to an order of a court
or administrative tribunal.
When the disclosure is for law enforcement purposes. For example, we may
disclose PHI about you in order to comply with laws that require the
reporting of certain types of wounds or other physical injuries.
When the use and/or disclosure relates to decedents. For example, we may
disclose PHI about you to a coroner or medical examiner for the purposes
of identifying you should you die.
When the use and/or disclosure relates to organ, eye or tissue donation
purposes.
When the use and/or disclosure relates to medical research. Under certain
circumstances, we may disclose PHI about you for medical research.
When the use and/or disclosure is to avert a serious threat to health or
safety. For example, we may disclose PHI about you to prevent or lessen a
serious and imminent threat to the health or safety of a person or the
public.
When the use and/or disclosure relates to specialized government
functions. For example, we may disclose PHI about you if it relates to
military and veterans’ activities, national security and intelligence
activities, protective services for the President, and medical suitability
or determinations of the Department of State.
When the use and/or disclosure relates to correctional institutions and in
other law enforcement custodial situations. For example, in certain
circumstances, we may disclose PHI about you to a correctional institution
having lawful custody of you.
5. You can object to certain uses and disclosures.
Unless you object, we may use or disclose PHI about you in the following
circumstances:
We may share with a family member, relative, friend or other person
identified by you, PHI directly related to that person’s involvement in
your care or payment for your care. We may share with a family member,
personal representative or other person responsible for your care PHI
necessary to notify such individuals of your location, general condition
or death.
We may share with a public or private agency (for example, American Red
Cross) PHI about you for disaster relief purposes. Even if you object, we
may still share the PHI about you, if necessary for the emergency
circumstances.
If you would like to object to our use or disclosure of PHI about you in
the above circumstances, please call or write to our contact person listed
on the cover page of this Notice.
6. We may contact you to provide appointment reminders.
We may use and/or disclose PHI to contact you to provide a reminder to you
about an appointment you have for treatment or medical care.
7. We may contact you with information about treatment, services, products
or health care providers.
We may use and/or disclose PHI to manage or coordinate your healthcare.
This may include telling you about treatments, services, products and/or
other healthcare providers. We may also use and/or disclose PHI to give
you gifts of a small value.
EXAMPLE: If you are diagnosed with a certain condition, we may tell you
about nutritional and other counseling services that may be of interest to
you.
** ANY OTHER USE OR DISCLOSURE OF PHI ABOUT YOU REQUIRES YOUR WRITTEN
AUTHORIZATION **
Under any circumstances other than those listed above, we will ask for
your written authorization before we use or disclose PHI about you. If you
sign a written authorization allowing us to disclose PHI about you in a
specific situation, you can later cancel your authorization in writing by
contacting the practice’s Privacy Officer. If you cancel your
authorization in writing, we will not disclose PHI about you after we
receive your cancellation, except for disclosures which were being
processed before we received your cancellation.
C. You Have Several Rights Regarding PHI About You
1. You have the right to request restrictions on uses and disclosures of
PHI about you.
You have the right to request that we restrict the use and disclosure of
PHI about you. We are not required to agree to your requested
restrictions. However, even if we agree to your request, in certain
situations your restrictions may not be followed. These situations include
emergency treatment, disclosures to the Secretary of the Department of
Health and Human Services, and uses and disclosures described in
subsection B.4 of the previous section of this Notice. You may request a
restriction by completing the form, “Request for Limitation on
Disclosure,” which is available at the front desk. The practice’s Privacy
Officer will evaluate your request.
2. You have the right to request different ways to communicate with you.
You have the right to request how and where we contact you about PHI. For
example, you may request that we contact you at your work address or phone
number or by email. Your request must be in writing. We must accommodate
reasonable requests, but, when appropriate, may condition that
accommodation on your providing us with information regarding how payment,
if any, will be handled and your specification of an alternative address
or other method of contact. You may request alternative communications by
completing the form “Request to Receive Communications by Alternative
Means,” which is available at the front desk. The practice’s Privacy
Officer will evaluate your request.
3. You have the right to see and copy PHI about you.
You have the right to request to see and receive a copy of PHI contained
in clinical, billing and other records used to make decisions about you.
Your request must be in writing. We may charge you related fees. Instead
of providing you with a full copy of the PHI, we may give you a summary or
explanation of the PHI about you, if you agree in advance to the form and
cost of the summary or explanation. There are certain situations in which
we are not required to comply with your request. Under these
circumstances, we will respond to you in writing, stating why we will not
grant your request and describing any rights you may have to request a
review of our denial. You may request to see and receive a copy of PHI by
completing the form “Request for Access to Patient’s Health Information,”
which is available at the front desk.
4. You have the right to request amendment of PHI about you.
You have the right to request that we make amendments to clinical, billing
and other records used to make decisions about you. Your request must be
in writing and must explain your reason(s) for the amendment. We may deny
your request if: 1) the information was not created by us (unless you
prove the creator of the information is no longer available to amend the
record); 2) the information is not part of the records used to make
decisions about you; 3) we believe the information is correct and
complete; or 4) you would not have the right to see and copy the record as
described in paragraph 3 above. We will tell you in writing the reasons
for the denial and describe your rights to give us a written statement
disagreeing with the denial. If we accept your request to amend the
information, we will make reasonable efforts to inform others of the
amendment, including persons you name who have received PHI about you and
who need the amendment. You may request an amendment of PHI about you by
contacting the practice’s Privacy Officer in writing.
5. You have the right to a listing of disclosures we have made.
If you ask our contact person in writing, you have the right to receive a
written list of certain of our disclosures of PHI about you. You may ask
for disclosures made up to six (6) years before your request (not
including disclosures made prior to April 14, 2003). We are required to
provide a listing of all disclosures except the following:
For your treatment
For billing and collection of payment for your treatment
For health care operations
Made to or requested by you, or that you authorized
Occurring as a byproduct of permitted uses and disclosures
Made to individuals involved in your care, for directory or notification
purposes, or for other purposes described in subsection B.5 above
Allowed by law when the use and/or disclosure relates to certain
specialized government functions or relates to correctional institutions
and in other law enforcement custodial situations (please see subsection
B.4 above) and As part of a limited set of information which does not contain certain information which would identify you The list will include the date of the disclosure, the name (and address, if available) of the person or organization receiving the information, a brief description of the information disclosed, and the purpose of the disclosure. If, under permitted circumstances, PHI about you has been disclosed for certain types of research projects, the list may include different types of information. If you request a list of disclosures more than once in 12 months, we can charge you a reasonable fee. You may request a listing of disclosures by completing the form “Request for Accounting of Disclosures” which is available at the front desk.
6. You have the right to a copy of this Notice. You have the right to request a paper copy of this Notice at any time by contacting a staff member. We will provide a copy of this Notice no later than the date you first receive service from us (except for emergency services, and then we will provide the Notice to you as soon as possible).
D. Special Provisions for Minors under North Carolina Law
Under North Carolina law, minors, with or without the consent of a parent
or guardian, have the right to consent to services for the prevention,
diagnosis and treatment of certain illnesses including: venereal disease
and other diseases that must be reported to the State; pregnancy; abuse of controlled substances or alcohol; and emotional disturbance. Regarding
abortion services, however, North Carolina law requires the consent of
both the minor and the parent, guardian or a grandparent with whom the
minor has been living for at least six (6) months, unless a court has
determined that the minor alone can consent to the abortion. If you are a
minor and you consent to one of these services, you have all the authority
and rights included in this Notice relating to that service. In addition,
the law permits certain minors to be treated as adults for all purposes.
These minors have all rights and authority included in this Notice for all
services.
E. You May File A Complaint About Our Privacy Practices
If you think we have violated your privacy rights, or you want to complain
to us about our privacy practices, you can contact the practice’s Privacy
Officer listed above. You may also send a written complaint to the United States Secretary of the Department of Health and Human Services.
If you file a complaint, we will not take any action against you or change
our treatment of you in any way.
F. Effective Date of this Notice
This Notice of Privacy Practices is effective on December 2, 2005