MINNEAPOLIS
PLASTIC SURGERY LTD.
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.
What
is Protected Health Information (PHD)?
Our practice values your privacy and is committed to protecting
medical information about you. Protected Health Information,
or PHI, is ANY HEALTH INFORMATION that can be used to identify
you, which we maintain or transmit in written, oral, or
electronic form. It may relate to your past, present, or
future medical health or services. This Notice of Privacy
Practices tells you how we may use and disclose your PHI
that deals with your Treatment, Payment or Health Care Operations
(TPO), or for other lawful purposes. It also describes your
rights under the Health Insurance Portability and Accountability
Act
(HIPAA) of 1996 (Public Law 104-191).
This notice is EFFECTIVE April 14,2003.
We will abide by all terms of this notice as required by
HIPAA including our right to change the terms of this notice,
at any time. Any changes will be effective for your entire
PHI that we maintain at the time of the change. We will
prominently post any notice of changes in our office lobby
and on our web site for your review. You may also request
a revised notice by calling or writing our office.
Summary
This document describes how we safeguard your Protected
Health Information (PHI) to make sure only the minimum amount
of information is used and disclosed only to individuals
with a legal right to access or view your PHI.
Use is the sharing, utilization, or examination of information
by individuals within our practice. Disclosure is the release,
transfer, or divulging of information by us to individuals,
outside our practice. Consent is your granting us permission
to disclose your PHI in order to provide you treatment,
provide for payment of your health services, or manage our
health care operations. Authorization is when you give us
written permission to release your information to you, another
person, or an organization.
This document teBs you the circumstances in which we can
use or disclose your PHI.
1. With Your Written Consent
These areas cover your Treatment, Payment and Health Care
Operations.
2. With Your Written Authorization
This covers times when you wish to have your information
used or disclosed to another person or
organization.
3. With Your Authorization or Opportunity To Object
This document describes those times when you may agree or
object to the use of certain PHI.
4. Without Your Consent, Authorization or Opportunity
To Object
This document lists times when we are permitted or required
to use or disclose your PHI without your consent or authorization.
5. Your Rights
Your rights regarding your PHI and procedures for appealing
a decision regarding the use or disclosure of your PHI are
listed in this document.
6. Complaints
Your rights to complain and the method for making the complaint
are also listed in this document.
Please read this document and sign the attached acknowledgment
that you have received a copy of our Notice of Privacy Practices.
If you have any questions you may contact our privacy officer
at the below address. We appreciate serving you.
Minneapolis Plastic Surgeiy,Ltd.
Privacy Officer Contact Information:
Diamne Birk
Minneapolis Plastic Surgery, Ltd.
4825 Olson Memorial Highway
Suite 200
Minneapolis, MN 55422
763-545-0443
1. Uses and Disclosures of PHI With Your Written
Consent
Prior to receiving treatment, or at a reasonably practical
time after receiving emergency treatment you will be asked
to sign a consent form regarding me use and disclosure of
your protected health information (PHT). This consent will
allow us to use your Protected Health Information (PHI)
for providing you with treatment, making payment arrangements
regarding your treatment, or for health care operations.
Your PHI may be used or disclosed by those within our office
with a necessary reason to have access to the information,
or we may use or disclose your PHI to those outside our
office who have a need to know that information in order
to provide you with health care services related to your
treatment, payment, or health care operations. We will always
make reasonable efforts to limit me use and disclosure of
your PHI to the minimum necessary. Listed below are examples
of me use and disclosure we may make of your PHI once we
have received your signed consent form. We may also use
and disclose your PHI for routine or recurring requests.
We will always review on an individual basis non-routine
requests for. use or disclosure of your PHI.
-Treatment - We may use and disclose your PHI for use by
staff; physicians, or other health care professionals involved
in providing you with health care services in our office
that have a need to know in order to provide you with evaluation,
diagnostic, and health care services. Examples may include
but are not limited to: other physicians who are treating
you; home health care services, pharmacies, laboratories,
radiologists, specialists, or diagnostic facilities necessary
for your treatment.
- Payment - We will use your PHI as necessary to assist
you in providing us with payment for your health care services,
or for obtaining other medical services on your behalf.
This may include but is not limited to: providing health
care plans or insurance companies with information about
the dates of service, services provided, and the medical
condition you are being treated for in order for them to
make a decision regarding eligibility, coverage or payment
for those services.
- Health Care Operations - We may use and disclose your
PHI in order to conduct me normal, ordinary, and reasonable
business operations of our office on a day-to-day to basis.
These activities may include but are not limited to: me
planning, organizing, controlling, and budgeting activities
of our office, and the directing and
managing of our staff in performing their duties. From time
to time we may use or disclose your PHI in order to train
medical students, physician assistants, nurses, or nursing
assistants. We may also use or disclose your PHI in order
to evaluate me actions or performance of our staff members.
As needed, your PHI maybe used or disclosed to state regulatory
agencies (as required by law), accrediting agencies, or
licensing review boards. We may use your PHI to keep ordinary
and necessary business records including asking you to sign-in
when you visit our office, contacting you to remind you
of an appointment, and calling your name or identifying
number in the waiting room. We may email or use a facsimile
(fax) to contact you if you give us permission. Marketing:
We may use or disclose your PHI in order to provide you
with information about health care benefits, services, or
products that may be of interest to you. Additionally, we
may use your name for a newsletter, or email notification
about other services, products, or for general health information.
If you do not wish to receive any of these you may opt out
by completing the Information Form attached to this document
• Business Associates: If we contract with any Business
Associates, such as diagnostic services, medical records
copying services, transcription services, billing services,
or any other associate involved with your PHI, we signify
to you that we will have a legal contract with them allowing
them to perform such services and by that contract they
will be bound to terms that will protect your PHI.
2.
Uses & Disclosures With Your Written Authorization Any
other uses and disclosures of your PHI will only be made
after we have received your written authorization, unless
we are allowed, permitted or required by law to do so. Revocation:
You may revoke any authorization you have made at any time,
providing that your request for revocation be in writing
and states which authorization you wish to revoke. However,
if we have already relied upon your authorization to use
or disclose your PHI, or if the authorization was obtained
as a conation of obtaining insurance coverage you may not
revoke your authorization regarding releases prior to the
date of your revocation.
3.
Uses & Disclosures With Your Consent, Authorization,
or Opportunity To Object there are other instances in which
may use and disclose your PHI. There is an optional
form at the end of this document, which you may agree or
object to the use or disclosure of all or part of your PHI.
If you are unable to agree or object we will use our professional
judgment in making a decision about which portions of your
PHI should be used or disclosed. When you are able to give
us your opinion about our decision regarding the use of
your PHI you may modify our decision. Family Members, Friends,
Guardians and Caregivers: We may disclose a portion of your
PHI that relates to the listed persons' need to know to
provide you with healthcare. In making this decision we
will determine what we believe your best interest to be.
This may include notifying one of the parties of your location
and general condition. We may also disclose a portion of
your PHI to assist authorized persons in disaster or emergency
relief efforts. Other Disclosures: We may use or disclose
your PHI to provide you with emergency treatment, until
such a time that you are able to consent, or if we attempt
to obtain your consent but cannot because of a substantial
communication, barrier and in our professional judgment,
we believe you intend to consent to the requested use or
disclosure.
4.
Uses and Disclosures of your PHI Without your Consent, Authorization
or Opportunity to Object
- As Required By Law - If any county, state, or federal
law requires that we use or disclose your PHI we will do
so to the degree required by such law, or such disclosure
will be made in response to an order of any court of proper
jurisdiction- If the law requires us we will notify you
of such disclosure.
-Law Enforcement - If we are presented with a proper court
order or other legal presentations or lawful demand from
a law enforcement agency or officer we will disclose your
PHI to the extent that such order, presentation or demand
requires. These requests may include court orders, subpoenas,
warrants issued by a court of proper jurisdiction, or government
audits and inspections. We will also disclose PHI if necessary
for law enforcement authorities to identify, arrest, or
apprehend a suspect or other individual; or if we believe
that by reporting such information the disclosure will help
protect the health or safety of a person. We may disclose
to authorized agencies child abuse or neglect, instances
of neglect or violence, or other injuries, which we are
required to report by law. - Public Health - As required
by law we may report your PHI to any county, state, or federal
health agency whom we are required to report to for specific
purposes. These purposes may include the controlling of
disease, injury or disability, investigation, oversight,
and audit.
- Food and Drug Administration - As required by law, we
may disclose your PHI to me FDA or their lawful representative
in order to control adverse effects with respect to food,
drugs, or products. This may involve product improvements
or product recalls.
-Personal Notification - We may use or disclose your PHI
to assist in notifying a family member, guardian, caregiver,
or personal representative of your general condition and
location.
- Research - We may disclose your, PHI to researchers when
an institutional review board has approved me research and
ensured the privacy of your PHI.
- National &, Homeland Security - We may disclose your
PHI to any authorized county, state, or federal official
who is authorized by state or federal law, or who has an
order fiom a court of competent jurisdiction to receive
such information for homeland or national security reasons.
- Organ Donation - We may use or disclose your PHI to organ
procurement organizations or other entities engaged in the
procurement, banking, or transplantation of cadaveric organs,
eyes, or tissue for donation and transplantation.
- Other - We may use or disclose your PHI to the institution
or its agents if you are an inmate of a correctional facility.
We may use or disclose your PHI as required by Worker's
Compensation Laws. We may use or disclose your PHI as required
by law, and under appropriate conditions to me appropriate
military authorities if you are a member of the Armed Forces.
We may use and disclose your PHI to Coroners, Medical Examiners,
and Funeral Directors as necessary in order for them to
perform their duties as required by law.
- In Accordance with Public Law 104-191 (HIPAA-1996) - We
must make disclosures regarding your PHI to the Department
of Health & Human Services, as necessary and required,
in order for them to determine our compliance with HEPAA
standards. If a use or disclosure for any of the above purposes
is prohibited or materially limited by any applicable law,
we will use and disclose your PHI to reflect the more stringent
law.
5. Your Rights Your rights to your Protected Health
Information (PHI) and how you may exercise these rights
are listed below.
-You have the right to request that we not use or disclose
any, or part of, your PHI in order to carry out your treatment,
payment, or health care operations or other disclosures
as listed in this notice. This right to request restriction
does not extend to uses or disclosures required by law.
This includes your right to request that your PHI not be
disclosed to family members, guardians, caregivers, or others
who may be involved in your care as described in this Notice
of Privacy Practices.
We are not required, by law, to agree to your request for
restriction, but if we do agree to your request for restriction
we will not use or disclose your PHI as specified in your
request unless me use or disclosure of the restricted PHI
is necessary to provide you with necessary or emergency
treatment by us or another health care provider Any request
for such restrictions must state the specific restrictions
you are requesting, and to whom the restrictions apply.
You should make such requests to your attending physician
or else submit a written request to our office. We will
document the.request in your records and discuss this request
with you at your next visit. - You have the right to receive
confidential communications of your PHI by alternative means
or at
alternative locations. Your request must be in writing and
be reasonable, and we reserve me right to charge you a reasonable,
cost-based fee for making copies of any records you request.
This fee may include cost of supplies, labor for copying,
postage, and if you agree the cost of preparing an explanation
or summary of the requested PHL You have no responsibility
to tell us why you are requesting such information. You
may make the request to our Privacy Officer listed at the
bottom of this notice .
- You have the right of access to inspect and obtain a copy
of your Protected Health Information in a designated record
set, for as long as we maintain the PHI in that designated
record set. A "designated record set" contains
medical and billing records and other PHI records that we
use in making decisions about you or your
medical care. Making A Request: Your request must be made
to the Privacy Officer listed below. We will act upon your
request and notify you in writing no later than 30 days
after receipt of your request. If your request for access
is for PHI that we do not maintain or is not accessible
at our office we will act on the request no later than 60
days from the receipt of your request.
- You have the right to amend your Protected Health Information:
You have the right to request that we amend your PHI or
a record about you in a designated record set as long as
we maintain the information. Your request for amendment
must be in writing and provide a reason to support your
requested amendment. We
will act on your request for an amendment no later than
60 days after the receipt of your request. If we deny your
request for amendment, in whole or part we will provide
you, with a timely, written denial within 60 days of me
denial stating the reason for the denial. We will also inform
you of your right to submit a written
statement disagreeing with the denial and give you information
on filing such a statement. You may make your request for
amendments to the Privacy Officer listed below.
- You have the right to receive an accounting of any disclosures
of your PHI, which we have made m the six years prior to
the date on which the accounting is requested, except for
disclosures...
(1) We have made to carry out treatment, payment, and health
care operations as listed in this Notice, (2) Made to you,
(3) required and protected by law, (4) made in compliance
with a valid authorization, (5) Made for a facility directory,
(6) to family members, guardians or friends involved in
your care, (7) For national security or intelligence proposes
or to correctional institutions of law enforcement officials
as
required by law, or (8) that occurred prior to the original
date of or Notice of Privacy Practices.
- You may request to receive a full printed copy of bur
Notice of Privacy Practices, even if you have requested
this document in electronic form.
6. How To Make A Complaint
-You have the right to complain to us if you believe your
privacy rights have been violated by us. Any complaints
should be in writing and state me nature of the complaint
and how to contact you. You will not be retaliated against
for filing a complaint and your complaint will not ajffect
your diagnosis or any treatment we are
providing you. You may contact our Privacy Officer or the
Secretary of Health and Human Services, whose contact information
is listed below.
Who To Contact
Dianne Birk Secretary of Health & Human Services
Minneapolis Plastic Surgery, Ltd. The U.S. Department of
Health and Human
4825 Olson Memorial Highway 200 Independence Avenue, S.W.
Suite 200 Washington, D.C. 20201
Minneapolis, MN 55422
(202) 619-0257, Toll Free: 1-877-696-6775
763-545-0443 HHS.Mail@hhs.gov
Publication Date April 14.2003
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