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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