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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.
Our
goal is to take appropriate steps to attempt to safeguard
any medical or other personal information that is provided
to us. The Privacy Rule under the Health Insurance Portability
and Accountability Act of 1996 ("HIPAA") requires
us to: (i) maintain the privacy of medical information provided
to us; (ii) provide notice of our legal duties and privacy
practices; and (iii) abide by the terms of our Notice of Privacy
Practices currently in effect.
WHO WILL FOLLOW THIS NOTICE
This
notice describes the information of privacy practices followed
by our employees, staff and other office personnel. The practices
described in this notice will also be followed by health care
providers you consult with by telephone (when your regular
health care provider from our office is not available) who
provide "call coverage" for your health care provider.
INFORMATION COLLECTED ABOUT YOU
In
the ordinary course of receiving treatment and health care
services from us, you will be providing us with personal information
such as:
- Your
name, address, and phone number.
- Information
relating to your medical history.
- Your
insurance information and coverage.
- Information
concerning your doctor, nurse or other medical providers.
In
addition, we will gather certain medical information about
you and will create a record of the care provided to you.
Some information also may be provided to us by other individuals
or organizations that are part of your "circle of care"-
such as the referring physician, your other doctors, your
health plan, and close friends or family members.
HOW WE MAY USE AND DISCLOSE INFORMATION ABOUT YOU
We
may use and disclose personal and identifiable health information
about you for a variety of purposes. All of the types of uses
and disclosures of information are described below, but not
every use or disclosure in a category is listed.
1.
Required
Disclosures.
We are required to disclose health information about you to
the Secretary of Health and Human Services, upon request,
to determine our compliance with HIPAA and to you, in accordance
with your right to access and right to receive an accounting
of disclosures, as described below.
o
For
Treatment. We may use health information about
you in your treatment. For example, we may use your medical
history, such as any presence or absence of diabetes, to assess
the health of your eyes.
o
For
Payment. We may use and disclose health information
about you to bill for our services and to collect payment
from you or your insurance company. For example, we may need
to give payer information about your current medical condition
so that it will pay us for the eye examinations or other services
that we have furnished you. We may also need to inform your
payer of the treatment you are going to receive in order to
obtain prior approval or to determine whether the service
is covered.
o
For
Health Care Operations.
We may use and disclose information about you for the general
operation of our business. For example, we sometimes arrange
for auditors or other consultants to review our practices,
evaluate our operations, and tell us how to improve our services.
Or, for example, we may use and disclose your health information
to review the quality of services provided to you.
2.
Public
Policy Uses and Disclosures.
There are a number of public policy reasons why we may disclose
information about you, which are described below.
o
We
may disclose health information about you when we are required
to do so by federal, state, or local law.
o
We
may disclose protected health information about you in connection
with certain public health reporting activities. For instance,
we may disclose such information to a public health authority
authorized to collect or receive PHI for the purpose of preventing
or controlling disease, injury or disability, or at the direction
of a public health authority, to an official of a foreign
government agency that is acting in collaboration with a public
health authority. Public health authorities include state
health departments, the Center for Disease Control, the Food
and Drug Administration, the Occupational Safety and Health
Administration and the Environmental Protection Agency, to
name a few.
o
We
are also permitted to disclose protected health information
to a public health authority or other government authority
authorized by law to receive reports of child abuse or neglect.
Additionally we may disclose protected health information
to a person subject to the Food and Drug Administration’s
power for the following activities: to report adverse events,
product defects or problems, or biological product deviations;
to track products; to enable product recalls, repairs or replacements;
or to conduct post marketing surveillance. We may also disclose
a patient’s health information to a person who may have been
exposed to a communicable disease or to an employer to conduct
an evaluation relating to medical surveillance of the workplace
or to evaluate whether an individual has a work-related illness
or injury.
o
We
may disclose a patient’s health information where we reasonably
believe a patient is a victim of abuse, neglect or domestic
violence and the patient authorizes the disclosure or it is
required or authorized by law.
o
We
may disclose health information about you in connection with
certain health oversight activities of licensing and other
health oversight agencies, which are authorized by law. Health
oversight activities include audit, investigation, inspection,
licensure or disciplinary actions, and civil, criminal, or
administrative proceedings or actions or any other activity
necessary for the oversight of 1) the health care system,
2) governmental benefit programs for which health information
is relevant to determining beneficiary eligibility, 3) entities
subject to governmental regulatory programs for which health
information is necessary for determining compliance with program
standards, or 4) entities subject to civil rights laws for
which health information is necessary for determining compliance.
o
We
may disclose your health information as required by law, including
in response to a warrant, subpoena, or other order of a court
or administrative hearing body or to assist law enforcement
identify or locate a suspect, fugitive, material witness or
missing person. Disclosures for law enforcement purposes also
permit use to make disclosures about victims of crimes and
the death of an individual, among others.
o
We
may release a patient’s health information (1) to a coroner
or medical examiner to identify a deceased person or determine
the cause of death and (2) to funeral directors. We also may
release your health information to organ procurement organizations,
transplant centers, and eye or tissue banks, if you are an
organ donor.
o
We
may release your health information to workers’ compensation
or similar programs, which provide benefits for work-related
injuries or illnesses without regard to fault.
o
Health
information about you also may be disclosed when necessary
to prevent a serious threat to your health and safety or the
health and safety of others.
o
We
may use or disclose certain health information about your
condition and treatment for research purposes where an Institutional
Review Board or a similar body referred to as a Privacy Board
determines that your privacy interests will be adequately
protected in the study. We may also use and disclose your
health information to prepare or analyze a research protocol
and for other research purposes.
o
If
you are a member of the Armed Forces, we may release health
information about you for activities deemed necessary by military
command authorities. We also may release health information
about foreign military personnel to their appropriate foreign
military authority.
o
We
may disclose your protected health information for legal or
administrative proceedings that involve you. We may release
such information upon order of a court or administrative tribunal.
We may also release protected health information in the absence
of such an order and in response to a discovery or other lawful
request, if efforts have been made to notify you or secure
a protective order.
o
If
you are an inmate, we may release protected health information
about you to a correctional institution where you are incarcerated
or to law enforcement officials in certain situations such
as where the information is necessary for your treatment,
health or safety, or the health or safety of others.
o
Finally,
we may disclose protected health information for national
security and intelligence activities and for the provision
of protective services to the President of the United States
and other officials or foreign heads of state.
3.
Our
Business Associates.
We sometimes work with outside individuals and businesses
that help us operate our business successfully. We may disclose
your health information to these business associates so that
they can perform the tasks that we hire them to do. Our business
associates must promise that they will respect the confidentiality
of your personal and identifiable health information.
4.
Disclosures
to Persons Assisting in Your Care or Payment for Your Care. We may disclose information to individuals
involved in your care or in the payment for your care. This
includes people and organizations that are part of your "circle
of care" -- such as your spouse, your other doctors,
or an aide who may be providing services to you. We may also
use and disclose health information about a patient for disaster
relief efforts and to notify persons responsible for a patient’s
care about a patient’s location, general condition or death.
Generally, we will obtain your verbal agreement before using
or disclosing health information in this way. However, under
certain circumstances, such as in an emergency situation,
we may make these uses and disclosures without your agreement.
5.
Appointment
Reminders.
We may use and disclose medical information to contact you
as a reminder that you have an appointment or that you should
schedule an appointment.
6.
Treatment
Alternatives.
We may use and disclose your personal health information in
order to tell you about or recommend possible treatment options,
alternatives or health-related services that may be of interest
to you.
OTHER USES AND DISCLOSURES OF PERSONAL INFORMATION
We
are required to obtain written authorization from you for
any other uses and disclosures of medical information other
than those described above. If you provide us with such permission,
you may revoke that permission, in writing, at any time. If
you revoke your permission, we will no longer use or disclose
personal information about you for the reasons covered by
your written authorization, except to the extent we have already
relied on your original permission.
INDIVIDUAL RIGHTS
You
have the right to ask for restrictions on the ways we use
and disclose your health information for treatment, payment
and health care operation purposes. You may also request that
we limit our disclosures to persons assisting your care or
payment for your care. We will consider your request, but
we are not required to accept it.
You
have the right to request that you receive communications
containing your protected health information from us by alternative
means or at alternative locations. For example, you may ask
that we only contact you at home or by mail.
Except
under certain circumstances, you have the right to inspect
and copy medical, billing and other records used to make decisions
about you. If you ask for copies of this information, we may
charge you a fee for copying and mailing.
If
you believe that information in your records is incorrect
or incomplete, you have the right to ask us to correct the
existing information or add missing information. Under certain
circumstances, we may deny your request, such as when the
information is accurate and complete.
You
have a right to receive a list of certain instances when we
have used or disclosed your medical information. We are not
required to include in the list uses and disclosures for your
treatment, payment for services furnished to you, our health
care operations, disclosures to you, disclosures you give
us authorization to make and uses and disclosures before April
14, 2003, among others. If you ask for this information from
us more than once every twelve months, we may charge you a
fee.
You
have the right to a copy of this notice in paper form. You
may ask us for a copy at any time.
To
exercise any of your rights, please contact us in writing
at Laser Vision Institute, 122-18 Rockaway Beach Blvd., Belle
Harbor, N.Y. 11694 attention Jean Madden. When
making a request for amendment, you must state a reason for
making the request.
CHANGES TO THIS NOTICE
We
reserve the right to make changes to this notice at any time.
We reserve the right to make the revised notice effective
for personal health information we have about you as well
as any information we receive in the future. In the event
there is a material change to this notice, the revised notice
will be posted. In addition, you may request a copy of the
revised notice at any time.
COMPLAINTS/COMMENTS
If
you have any complaints concerning our privacy practices,
you may contact the Secretary of the Department of Health
and Human Services, at 200 Independence Avenue, S.W., Room
509F, HHH Building, Washington, D.C. 20201 (e-mail: ocrmail@hhs.gov ). You also may contact us at:
Laser
Vision Institute
122-18
Rockaway Beach Blvd.
Belle Harbor, N.Y. 11694
(718) 634-3302
(888) YR-SIGHT
Fax:
(718) 634-9723
E-Mail: iseegreat@aol.com
YOU WILL NOT BE RETALIATED AGAINST OR PENALIZED BY US FOR FILING A COMPLAINT.
To
obtain more information concerning this notice, you may contact
our Privacy Officer, Jean Madden at (718)
634-3302.
This
notice is effective as of April 14, 2003.
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