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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.
I. What this Is
This Notice describes the privacy practices of CUMBERLAND
ORTHOPEDICS.
II. Our Privacy Obligations
We are required by law to maintain the privacy of medical
and health information about you ("Protected Health Information"
or "PHI") and to provide you with this Notice of
our legal duties and privacy practices with respect to PHI.
When we use or disclose PHI, we are required to abide by the
terms of this Notice (or other notice in effect at the time
of the use or disclosure).
III. Permissible Uses and Disclosures Without Your Written
Authorization
In certain situations, which we will describe in Section IV
below, we must obtain your written authorization in order
to use and/or disclose your PHI. However, we do not need any
type of authorization from you for the following uses and
disclosures:
A. Use and Disclosure With For Treatment, Payment and Health
Care Operations. We may use and disclose PHI (including, if
any, your HIV/AIDS related, venereal disease or tuberculosis
information) in order to treat you, obtain payment for services
provided to you and conduct our "health care operations"
(e.g., internal administration, quality improvement and customer
service) as detailed below:
Treatment.
We use and disclose PHI to provide treatment and other services
to you--for example, to diagnose and treat your injury or
illness. In addition, we may contact you to provide appointment
reminders or information about treatment alternatives or other
health-related benefits and services that may be of interest
to you. We may also disclose PHI to other providers involved
in your treatment.
Payment.
We may use and disclose PHI to obtain payment for services
that we provide to you--for example, disclosures to claim
and obtain payment from your health insurer, HMO, or other
company that arranges or pays the cost of some or all of your
health care ("Your Payor"), or
to verify that Your Payor will pay for health care.
Health
Care Operations. We may use and disclose PHI for our health
care operations, which include internal administration and
planning and various activities that improve the quality and
cost effectiveness of the care that we deliver to you. For
example, we may use PHI to evaluate the quality and competence
of our physicians, nurses and other health care workers. We
may disclose PHI to our office manager in order to resolve
any complaints you may have and ensure that you have a pleasant
visit with us.
We may also disclose PHI to your other health care providers
when such PHI is required for them to treat you, receive payment
for services they render to you, or conduct certain health
care operations, such as quality assessment and improvement
activities, reviewing the quality and competence of health
care professionals, or for health care fraud and abuse detection
or compliance.
B. Disclosure to Relatives, Close Friends and Other Caregivers.
We may use or disclose PHI to a family member, other relative,
a close personal friend or any other person identified by
you when you are present for, or otherwise available prior
to, the disclosure. If you object to such uses or disclosures,
please notify the Office Manager.
If you are not present, you are incapacitated, or in an emergency
circumstance, we may exercise our professional judgment to
determine whether a disclosure is in your best interests.
If we disclose information to a family member, other relative
or a close personal friend, we would disclose only information
that is directly relevant to the person’s involvement with
your health care or payment related to your health care. We
may also disclose PHI in order to notify (or assist in notifying)
such persons of your location, general condition or death.
C. Public Health Activities. We may disclose PHI for the following
public health activities: (1) to report health information
to public health authorities for the purpose of preventing
or controlling disease, injury or disability; (2) to report
child abuse and neglect to public health authorities or other
government authorities authorized by law to receive such reports;
(3) to report information about products and services under
the jurisdiction of the U.S. Food and Drug Administration;
and (4) to alert a person who may have been exposed to a communicable
disease or may otherwise be at risk of contracting or spreading
a disease or condition.
D. Victims of Abuse, Neglect or Domestic Violence. If we reasonably
believe you are a victim of abuse, neglect or domestic violence,
we may disclose PHI to a governmental authority, including
a social service or protective services agency, authorized
by law to receive reports of such abuse, neglect, or domestic
violence.
E. Health Oversight Activities. We may disclose PHI to a health
oversight agency that oversees the health care system and
is charged with responsibility for ensuring compliance with
the rules of government health programs such as Medicare or
Medicaid.
F. Judicial and Administrative Proceedings. We may disclose
PHI in the course of a judicial or administrative proceeding
in response to a legal order or other lawful process.
G. Law Enforcement Officials. We may disclose PHI to the police
or other law enforcement officials as required or permitted
by law or in compliance with a court order or a grand jury
or administrative subpoena.
H. Decedents. We may disclose PHI to a medical examiner as
authorized by law.
I. Organ and Tissue Procurement. We may disclose PHI to organizations
that facilitate organ, eye or tissue procurement, banking
or transplantation.
J. Research. We may use or disclose PHI without your consent
or authorization if an Institutional Review Board/Privacy
Board approves a waiver of authorization for disclosure.
K. Health or Safety. We may use or disclose PHI to prevent
or lessen a threat of imminent, serious physical violence
against you or another readily identifiable individual.
L. Specialized Government Functions. We may use and disclose
PHI to units of the government with special functions, such
as the U.S. military or the U.S. Department of State under
certain circumstances required by law.
M. Workers’ Compensation. We may disclose PHI as authorized
by and to the extent necessary to comply with laws relating
to workers' compensation or other similar programs.
N. As
required by law. We may use and disclose PHI when required
to do so by any other law not already referred to in the preceding
categories.
IV. Use and Disclosures Requiring Your Written Authorization
A. Use or Disclosure with Your Authorization.
For any purpose other than the ones described in Section III,
we only may use or disclose PHI when (1) you give us your
authorization on our authorization form ("Your
Authorization"). For instance, you will need
to execute an authorization form before we can send PHI to
your life insurance company, to your child’s camp or school,
or to the attorney representing the other party in litigation
in which you are involved.
B. Marketing
Communications. We must also obtain your written authorization
("Your Marketing Authorization")
prior to using PHI to send you any marketing materials. (We
can, however, provide you with marketing materials in a face-to-face
encounter, without obtaining Your Marketing Authorization.
We are also permitted to give you a promotional gift of nominal
value, if we so choose, without obtaining Your Marketing Authorization.)
In addition, we may communicate with you about products or
services relating to your treatment, case management or care
coordination, or alternative treatments, therapies, providers
or care settings. We may use or disclose PHI to identify health-related
services and products that may be beneficial to your health
and then contact you about the services and products.
C. Genetic Information. Except in certain cases (such as a
paternity test for a court proceeding, anonymous research,
newborn screening requirements, or pursuant to a court order),
we will obtain your special written consent prior to obtaining
or retaining your genetic information (for example, your DNA
sample) or using or disclosing your genetic information for
purposes of treatment, payment or health care operations.
We may use or disclose your genetic information for any other
reason only when Your Authorization expressly refers to your
genetic information or when disclosure is permitted under
New Jersey State law (including, for example, when disclosure
is necessary for the purposes of a criminal investigation,
to determine paternity, newborn screening, identifying your
body or as otherwise authorized by a court order).
D. HIV/AIDS Related Information. Your Authorization must expressly
refer to your HIV/AIDS related information in order to permit
us to disclose your HIV/AIDS related information. However,
there are certain purposes for which we may disclose your
HIV/AIDS information, without obtaining Your Authorization:
(1) your diagnosis and treatment; (2) scientific research;
(3) management audits, financial audits or program evaluation;
(4) medical education; (5) disease prevention and control
when permitted by the New Jersey Department of Health and
Senior Services; (6) to comply with a certain type of court
order; and (7) when required by law, to the Department of
Health and Senior Services or another entity. You also should
note that we may disclose your HIV/AIDS related information
to third party payors (such as your insurance company or HMO)
in order to receive payment for the services we provide to
you.
E. Venereal
Disease Information. Your Authorization must expressly refer
to your venereal disease information in order to permit us
to disclose any information identifying you as having or being
suspected of having a venereal disease. However, there are
certain purposes for which we may disclose your venereal disease
information, without obtaining Your Authorization, including
to a prosecuting officer or the court if you are being prosecuted
under New Jersey law, to the Department of Health and Senior
Services, or to your physician or a health authority, such
as the local board of health. Your physician or a health authority
may further disclose your venereal disease information if
he/she/it deems it necessary in order to protect the health
or welfare of you, your family or the public. Under New Jersey
law, we may also grant access to your venereal disease information
upon the request of a person (or his/her insurance carrier)
against whom you are asserting a claim for compensation or
damages for your personal injuries.
F. Tuberculosis Information. Your Authorization must expressly
refer to your tuberculosis information in order to permit
us to disclose any information identifying you as having tuberculosis
or refusing/failing to submit to a tuberculosis test if you
are suspected of having tuberculosis or are in close contact
to a person with tuberculosis. However, there are certain
purposes for which we may disclose your tuberculosis information,
without obtaining Your Authorization, including for research
purposes under certain conditions, pursuant to a valid court
order, or when the Commissioner of the Department of Health
and Senior Services (or his/her designee) determines that
such disclosure is necessary to enforce public health laws
or to protect the life or health of a named person.
V. Your Individual Rights
A. For Further Information; Complaints. If you desire further
information about your privacy rights, are concerned that
we have violated your privacy rights or disagree with a decision
that we made about access to PHI, you may contact our Office
Manager. You may also file written complaints with the Director,
Office for Civil Rights of the U.S. Department of Health and
Human Services. Upon request, the Office Manager will provide
you with the correct address for the Director. We will not
retaliate against you if you file a complaint with us or the
Director.
B. Right to Request Additional Restrictions. You may request
restrictions on our use and disclosure of PHI (1) for treatment,
payment and health care operations, (2) to individuals (such
as a family member, other relative, close personal friend
or any other person identified by you) involved with your
care or with payment related to your care, or (3) to notify
or assist in the notification of such individuals regarding
your location and general condition. All requests for such
restrictions must be made in writing. While we will consider
all requests for additional restrictions carefully, we are
not required to agree to a requested restriction. If you wish
to request additional restrictions, please obtain a request
form from our Office Manager and submit the completed form
to the Office Manager. We will send you a written response.
C. Right to Receive Confidential Communications. You may request,
and we will accommodate, any reasonable [written]
request for you to receive PHI by alternative means of communication
or at alternative locations.
D. Right to Inspect and Copy Your Health Information. You
may request access to your medical record file and billing
records maintained by us in order to inspect and request copies
of the records. All requests for access must be made in writing.
Under limited circumstances, we may deny you access to your
records. If you desire access to your records, please obtain
a record request form from the Office Manager and submit the
completed form to the Office Manager. If you request copies,
we will charge you ($10.00 dollar/cents administrative fee)
plus $1.00 per page as set forth by the state of New Jersey. We will also
charge you for our postage costs, if you request that we mail
the copies to you.
You should take note that, if you are a parent or legal guardian
of a minor, certain portions of the minor’s medical record
will not be accessible to you (for example, records relating
to pregnancy, abortion, sexually transmitted disease, substance
use and abuse, and contraception and/or family planning services).
E. Right to Revoke Your Authorization. You may revoke Your
Authorization or Your Marketing Authorization, except to the
extent that we have taken action in reliance upon it, by delivering
a written revocation statement to the Office Manager identified
below. [A form of Written Revocation is available
upon request from the Office Manager.]
F. Right to Amend Your Records. You have the right to request
that we amend PHI maintained in your medical record file or
billing records. If you desire to amend your records, please
obtain an amendment request form from the Office Manager and
submit the completed form to the Office Manager. All requests
for amendments must be in writing. We will comply with your
request unless we believe that the information that would
be amended is accurate and complete or other special circumstances
apply.
Right
to Receive An Accounting of Disclosures. Upon written request,
you may obtain an accounting of certain disclosures of PHI
made by us during any period of time prior to the date of
your request provided such period does not exceed six years
and does not apply to disclosures that occurred prior to April
14, 2003. If you request an accounting more than once during
a twelve (12) month period, we will charge you [$5.00__
per page] of the accounting statement.
Right
to Receive Paper Copy of this Notice. Upon written request,
you may obtain a paper copy of this Notice, even if you agreed
to receive such notice electronically.
VI. Effective Date and Duration of This Notice
A. Effective Date. This Notice is effective on April 14, 2003.
B. Right to Change Terms of this Notice. We may change the
terms of this Notice at any time. If we change this Notice,
we may make the new notice terms effective for all PHI that
we maintain, including any information created or received
prior to issuing the new notice. If we change this Notice,
we will post the revised notice in waiting areas of the Practice
[and on our Internet site at www.copabones.com. You may also
obtain any revised notice by contacting the Office Manager.
VII. Office Manager
You may contact the Office Manager at:
CUMBERLAND
ORTHOPEDIC , P.C.
2848 S
DELSEA DRIVE, VINELAND NJ 08360
856-696-2010
FAX: 856-696-3689
Email
Address: MARYJO@COPABONES.COM |