Our Notice of Privacy Practices is an important
document that outlines your rights and our obligations regarding the
protection of your health information. You should read it
thoroughly and ask us any questions you might have.
Coffeyville Orthopaedics, P.A.
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 our
Privacy Contact:
Office Manager
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. “Protected health information” 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
website www.coffeyvilleortho.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 Based Upon Your Written
Consent
Although it is not required by law, in addition to receiving this
Notice you may be asked by your physician to sign a consent form to
use and disclose protected health information for treatment, payment
or healthcare operations. Once you have received this Notice of
Privacy Practices or consented to use and disclosure of your
protected health information for treatment, payment and health care
operations by signing a consent form, your physician will use or
disclose your protected health information as described in this
Section 1. 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 physician’s practice.
Following are examples of the types of uses and disclosures of your
protected health care information that the physician’s office is
permitted to make once you have signed our consent form. These
examples are not meant to be exhaustive, but to describe the types
of uses and disclosures that may be made by our office once you have
provided consent.
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 physician’s practice. These activities
include, but are not limited to, appointment reminders, quality
assessment activities, employee review activities, training of
medical students, licensing, marketing and fundraising activities,
and conducting or arranging for other business activities.
For example, we may disclose your protected health information to
medical school students that see patients at our office. 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 (e.g., voicemail messages, written reminders such as
open postcards, etc.).
We will share your protected health information with third party
“business associates” that perform various activities (e.g.,
billing, transcription services, surgical implants) 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 use or disclose your protected health information, as
necessary, to provide you with information about treatment
alternatives or other health-related benefits and services that may
be of interest to you. We may also use and disclose your protected
health information for other marketing activities. For example, your
name and address may be used to send you a newsletter about our
practice and the services we offer. 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 physician’s 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 judgment, 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 person’s 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.
Emergencies: We may use or disclose your protected
health information in an emergency treatment situation. If this
happens, your physician shall try to obtain your consent as soon as
reasonably practicable after the delivery of treatment. If your
physician or another physician in the practice is required by law to
treat you and the physician has attempted to obtain your consent but
is unable to obtain your consent, he or she may still use or
disclose your protected health information to treat you.
Communication Barriers: We may use and disclose
your protected health information if your physician or another
physician in the practice attempts to obtain consent from you but is
unable to do so due to substantial communication barriers and the
physician determines, using professional judgment, that you intend
to consent to use or disclosure under the circumstances. Examples
include disclosures to deaf and foreign language interpreters.
Other Permitted and Required Uses and Disclosures That May
Be Made Without Your Consent, Authorization or Opportunity to Object
We may use or disclose your protected health information in the
following situations without your consent or 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 Practice’s 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.
Workers’ Compensation: Your protected health information may be
disclosed by us as authorized to comply with workers’ 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 request copies of 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 “designated record set” contains medical and
billing records and any other records that your physician and the
practice uses for making decisions about you. You must request
access to your protected health information in writing using our
Request for Access to Protected Health Information form. We
have 30 days to provide or deny access and may have an additional
30-day extension if necessary. We may charge a reasonable,
cost based fee for copies of records, as allowed by law.
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 may request a restriction by using our
“Request to Restrict Uses and Disclosures” form and submitting it to
our Privacy Contact.
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,
using our “Request to Receive Confidential Communications” form and
submitting it 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,
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 at (620) 251-3838 or by writing us at 1411 W. 4th St., Bldg. “C”, Coffeyville KS, 67337 for further information about the complaint process.
This notice was published and becomes effective on July 11, 2005.