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| HIPAA
NOTICE OF PRIVACY PRACTICES |
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| THIS
NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. |
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| PLEASE
REVIEW IT CAREFULLY. |
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| I.
Our Duty to Safeguard Your Protected Health Information |
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We
are committed to preserving the privacy and confidentiality of
your health information whether created by us or maintained on
our premises. We are required by certain state and federal regulations
to implement policies and procedures to safeguard the privacy
of your health information. Copies of our privacy policies and
procedures are maintained in the business office. We are required
by state and federal regulations to abide by the privacy practices
described in this notice including any future revisions that we
may make to the notice as may become necessary or as authorized
by law.
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Individually
identifiable information about your past, present, or future health
or condition, the provisions of health care to you, or payment
for the health care treatment or services you receive is considered
protected health information (PHI). As such, we are required
to provide you with this Privacy Notice that contains information
regarding our privacy practices that explains how, when and why
we may use or disclose your PHI and your rights and our obligations
regarding any such uses or disclosures. Except in specified circumstances,
we must use or disclose only the minimum necessary PHI to accomplish
the intended purpose of the use or disclosure of such information.
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We
reserve the right to change this notice at any time and to make
the revised or changed notice effective for health information
we already have about you as well as any information we receive
in the future about you. Should we revise/change this Privacy
Notice, we will post a copy of the new/revised Privacy Notice
in our offices. You also may request and obtain a copy of any
new/revised Privacy Notice from our Privacy Practices Manager.
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Should
you have questions concerning our privacy practices you may contact
our Privacy Practices Manager at the address on the last page
of this notice.
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| II.
How We May Use and Disclose Your Protected Health Information |
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We
use and disclose PHI for a variety of reasons. We have a limited
right to use and/or disclose your health information for purposes
of providing your supplies, payment, or for the operations of
our company. For other uses, you must give us your written authorization
to release your PHI unless the law permits or requires us to make
the use or disclosure without your authorization. Should it become
necessary to release your PHI to an outside party, we will require
the party to have a signed agreement with us that the party will
extend the same degree of privacy protection to your information
as we do.
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The
privacy law permits us to make some uses or disclosures of your
PHI without your consent or authorization. The following describes
each of the different ways we may use or disclose your PHI. Where
appropriate, we have included examples of the different types
of uses or disclosures. These include:
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1. |
Use and Disclosures Related to Treatment: |
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We
may disclose your PHI to those who are involved in providing medical
and nursing care services and treatments to you. We may also disclose
your PHI to outside entities performing other services relating
to your treatment; such as diagnostic laboratories, home health/hospice
agencies, family members, etc.
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2. |
Use and Disclosures Related to Payment: |
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We
may use or disclose your PHI to bill and collect payment for services
we provided to you. For example, we may contact your insurance
facility, health plan, or another third party to obtain payment
for services we provided to you.
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3. |
Use and Disclosures Related to Company Operations: |
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We
may use or disclose your PHI to perform certain functions within
our company should these uses or disclosures become necessary
to operate our company and to ensure that you and others we provide
services to continue to receive quality services. For example,
we may use your health information to evaluate the effectiveness
of the services you are receiving. We may disclose your PHI to
our staff for auditing, care planning, and learning purposes.
We may also combine your health information with information from
other health care providers to study how our company is performing
in comparison to like companies or what we can do to improve the
care and services we provide to you. When information is combined,
we remove all information that would identify you so others may
use the information in developing research on the delivery of
health care services without learning your identity.
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4. |
Use and Disclosures Related to Treatment Alternatives, Health-Related
Benefits and Services: |
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We
may use or disclose your PHI for purposes of contacting you to
inform you of testing alternatives or health-related benefits
and services that may be of interest to you. For example, a newly
released medication, treatment, or testing system that has a direct
relationship to you.
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| III.
Uses and Disclosures Requiring Your Written Authorization |
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For
uses and disclosures of your PHI beyond treatment, payment and
operations purposes, we are required to have your written authorization,
except as permitted by law. You have the right to revoke an authorization
at any time to stop future uses or disclosures of your information
except to the extent that we have already undertaken an action
in reliance upon your authorization. Your revocation request must
be provided to us in writing. The name and address of the person
to contact is located on the last page of this document.
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Examples
of uses or disclosures that would require your written authorization
include, but are not limited to, the following:
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1. |
A request to provide your PHI to an attorney for use in a civil
litigation claim.
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2. |
A request to provide certain information to an insurance or pharmaceutical
facility for the purposes of providing you with information relative
to insurance benefits, new medications, or new monitoring systems
that may be of interest to you.
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3. |
A request to provide certain information to another individual
or company.
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| IV.
Uses or Disclosures of Information Based Upon Your Verbal Agreement |
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In
the following situations, we may disclose a limited amount of
your PHI if we provide you with an advance oral or written notice
and you do not object to such release or such release is not otherwise
prohibited by law. However, if there is an emergency situation
and you are unable to object (because you were not present or
you were incapacitated, etc.), disclosure may be made if it is
consistent with any prior expressed wishes and disclosure is determined
to be in your best interest. When a disclosure is made based on
these or emergency situations, we will only disclose health information
relevant to the person's involvement in your care. For example,
if you are sent to the emergency room, we may only inform the
person that you are diabetic. You will be informed and given an
opportunity to object to further disclosures of such information
as soon as you are able to do so.
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We
may disclose your PHI to your family members and friends who help
pay for your supplies. You may object to the release of this information.
Your objection may be made orally or in writing. The name, address,
and telephone number of the person to whom you may make your objection
is listed on the last page of this document. (See also Section
VI, paragraph 1.)
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| V.
Uses and Disclosures of Information That Do Not Require Your Consent
or Authorization |
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State
and federal laws and regulations either require or permit us to
use or disclose your PHI without your consent or authorization.
The uses or disclosures that we may make without your consent
or authorization include the following:
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Examples
of uses or disclosures that would require your written authorization
include, but are not limited to, the following:
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1. |
When Required by Law:
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We may disclose your PHI when a federal, state or local law requires
that we report information injury from a health care product,
or in response to a court order or subpoena.
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2. |
For Public Health Activities for the Purpose of Preventing
or Controlling Disease:
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We may disclose your PHI when a federal, state or local law requires
that we report information injury from a health care product,
or in response to a court order or subpoena.
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3. |
For Health Oversight Activities:
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We may disclose your PHI to a health oversight agency such as
a protection and advocacy agency, the state agency responsible
for inspecting our company or to other agencies responsible for
monitoring the health care system for such purposes as reporting
or investigation of unusual incidents or to ensure that we are
in compliance with applicable state and federal laws and regulations
and civil rights issues.
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4. |
To Coroners or Medical Examiners:
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We may disclose your PHI to a coroner or medical examiner for
the purpose of identifying a deceased individual or to determine
the cause of death.
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5. |
For Research Purposes:
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We may disclose your PHI for research purposes only when a privacy
board has approved the research project. However, we may use or
disclose your PHI to individuals preparing to conduct an approved
research project in order to assist such individuals in identifying
persons to be included in the research project. Researchers identifying
persons to be included in the research project will be required
to conduct all activities onsite. If it becomes necessary to use
or disclose information about you that could be used to identify
you by name, we will obtain your written authorization before
permitting the researcher to use your information. Researchers
will be required to sign a Confidentiality and Non-Disclosure
Agreement form before being permitted access to health information
for research purposes.
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6. |
To Avert a Serious Threat to Health or Safety:
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We may disclose your PHI to avoid a serious threat to your health
or safety or to the health or safety of others. When such disclosure
is necessary, information will only be released to those law enforcement
agencies or individuals who have the ability or authority to prevent
or lessen the threat of harm.
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7. |
For Specific Government Functions:
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We may disclose PHI of military personnel and veterans, when requested
by military command authorities, to authorized federal authorities
for the purposes of intelligence, counterintelligence, and other
national security activities (such as protection of the President),
or to correctional institutions.
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| VI.
Your Right Regarding Your Protected Health Information |
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You
have the following rights concerning the use or disclosure of
your PHI that we create or that we may maintain on our premises:
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To Request Restrictions on Uses and Disclosures of Your Protected
Health Information:
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You have the right to request that we limit how we use or disclose
your PHI for treatment, payment or health care operations. You
also have the right to request a limit on the health information
we disclose about you to someone who is involved in your care
or the payment for your care or services. For example, you could
request that we not disclose to family members or friends information
about services you received.
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Should you wish a restriction placed on the use and disclosure
of your PHI, you must submit such request in writing. The name,
address, and telephone number of the person to whom the request
is to be submitted is listed on the last page of this document.
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We are not required to agree to your restriction request.
However, should we agree, we will comply with your request not
to release such information unless the information is needed to
provide emergency care or treatment to you.
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2. |
The Right to Inspect and Copy Your Medical and Billing Records:
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You have the right to inspect and copy your health information,
such as your medical and billing records that we use to make decisions
about your services. In order to inspect and/or copy your health
information, you must submit a written request to us. If you request
a copy of your medical information, we may charge you a reasonable
fee for the paper, labor, mailing, and/or retrieval costs involved
in filing your requests. We will provide you with information
concerning the cost of copying your health information prior to
performing such service. The name, address, and telephone number
of the person to whom you may file your request is listed on the
last page of this document. We will respond within thirty (30)
days of receipt of such requests.
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3. |
The Right to Amend or Correct Your Health Information:
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You have the right to request that your health information be
amended or corrected if you have reason to believe that certain
information is incomplete or incorrect. You have the right to
make such requests of us for as long as we maintain/retain your
health information. Your requests must be submitted to us in writing.
We will respond within sixty (60) days of receiving the written
request. If we approve your request, we will make such amendments/corrections
and notify those with a need to know of such amendments/corrections.
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We may deny your request if:
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Your request is not submitted in writing;
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Your written request does not contain a reason to support your
request;
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The information was not created by us, unless the person or entity
that created the information is no longer available to make the
amendment;
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d. |
It is not a part of the health information kept by or for our
company;
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e. |
It is not part of the information which you would be permitted
to inspect and copy; and/or
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The information is already accurate and complete.
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4. |
The Right to Request Confidential Communications:
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You have the right to request that we communicate with you about
your health matters in a certain way or at a certain location.
For example, you may request that we not send any health information
about you to a family member's address. We will agree to your
request as long as it is reasonably easy for us to do so. You
are not required to reveal nor will we ask the reason for your
request. To request confidential communications you must:
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Notify us in writing;
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Indicate what information you wish to limit;
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Indicate whether or not you wish to limit or restrict our use
or disclosure of such information; and
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Identify to whom the restrictions apply (e.g., which family member(s),
agency, etc).
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The name, address, and telephone number of the person to whom
you may file your request is listed on the last page of this document.
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5. |
The Right to Request an Accounting of Disclosures of Protected
Health Information:
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You have the right to request that we provide you with a listing
of when, to whom, for what purpose, and what content of your PHI
we have released over a specified period of time. This accounting
will not include any information we have made for the purposes
of treatment, payment, or company operations or information released
to you, your family, disclosures made for national security purposes,
or any releases pursuant to your authorization.
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Your request must be submitted to us in writing and must indicate
the time period for which you wish the information (e.g., May
1, 2003 through August 31, 2005). Your request may not include
releases for more than six (6) years prior to the date
of your request and may not include releases prior to April
14, 2003. Your request must indicate in what form (e.g., printed
copy or email) you wish to receive this information. We will respond
to your request with sixty (60) days of the receipt of your written
request. Should additional time be needed to reply, you will be
notified of such extension. However, in no case will such extension
exceed thirty (30) days. The first accounting you request during
a twelve (12) month period will be free. There may be a reasonable
fee for additional requests during the twelve (12) month period.
We will notify you of the cost involved and you may choose to
withdraw or modify your request at that time before any costs
are incurred. The name, address, and telephone number of the person
to whom you may file your request is listed on the last page of
this document.
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The Right to Receive a Paper Copy of This Notice:
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You have the right to receive a paper copy of this notice. You
may request a paper copy of this notice at anytime. The name,
address, and telephone number of the person to whom you may obtain
a paper copy of this notice is listed below.
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| VI.
How to File a Complaint |
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If
you believe we have violated your privacy rights, violated our
privacy policies and procedures, or you disagree with a decision
we made concerning access to your PHI, etc., you have the right
to file a complaint with us or the Secretary of the Department
of Health and Human Services. Complaints may be filed without
fear of retaliation in any form.
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Please
refer your complaint to:
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P rivacy
Practices Manager
Freedom Medical Services Inc.
7301A W Palmetto Park Road Ste 100C
Boca Raton FL 33433-3403
(561) 338-4900 (phone)
(561) 338-4904 (fax).
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