ATHENS
MEDICAL GROUP, INC.
NOTICE
OF PRIVACY PRACTICES
Effective: April 14, 2004
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.
This notice will tell you
how we may use and disclose protected health information
about you. Protected health information means any health
information about you that identifies you or for which there
is a reasonable basis to believe the information can be
used to identify you. In this notice, we call all of that
protected health information, "medical information."
This notice also will tell you about your
rights and our duties with respect to medical information
about you. In addition, it will tell you how to complain
to us if you believe we have violated your privacy rights.
Who Is Bound
By This Notice?
This Notice of Privacy Practices describes
the practices of ATHENS MEDICAL GROUP, INC.
This notice applies to the following delivery
sites: Crawfordsville Family Care, Greenacres Family Practice,
Williams Family Medicine, Medical Specialists, Ben Hur Surgical,
Athens Orthopedic & Sports Medicine, Athens ENT, Athens
Diagnostic & Surgical Center, Athens Sports Therapy &
Rehab, Athens Medical Group Corporate Offices, After Hours
Clinic, Athens Visiting Specialists Clinic.
How
We May Use and Disclose Medical Information About You
We will share medical information about you
with each other as necessary to carry out treatment, payment,
or our health care operations.
We use and disclose medical information about
you for a number of different purposes. Each of those purposes
is described below.
For Treatment
We may use medical information about you to
provide, coordinate or manage your health care and related
services by both us and other health care providers. We may
disclose medical information about you to doctors, nurses,
hospitals and other health facilities that become involved
in your care. We may consult with other health care providers
concerning you and as part of the consultation share your
medical information with them. Similarly, we may refer you
to another health care provider and as part of the referral
share medical information about you with that provider. For
example, we may conclude you need to receive services from
a physician with a particular specialty. When we refer you
to that physician, we also will contact that physician's office
and provide medical information about you to them so they
have information they need to provide services for you.
For Payment
We may use and disclose medical information
about you so we can be paid for the services we provide to
you. This can include billing you, your insurance company,
or a third party payor. For example, we may need to give your
insurance company information about the health care services
we provide to you so your insurance company will pay us for
those services or reimburse you for amounts you have paid.
We also may need to provide your insurance company or a government
program, such as Medicare or Medicaid, with information about
your medical condition and the health care you need to receive
to obtain determine if you are covered by that insurance or
program.
For Health Care Operations
We may use and disclose medical information
about you for our own health care operations. These are necessary
for us to operate ATHENS MEDICAL GROUP, INC. and to maintain
quality health care for our patients. For example, we may
use medical information about you to review the services we
provide and the performance of our employees in caring for
you. We may disclose medical information about you to train
our staff, volunteers and students working in ATHENS MEDICAL
GROUP, INC. We also may use the information to study ways
to more efficiently manage our organization.
How We Will Contact You
Unless you tell us otherwise in writing, we
may contact you by either telephone or by mail at either your
home or your workplace. At either location, we may leave messages
for you on the answering machine or voice mail. If you want
to request that we communicate to you in a certain way or
at a certain location, see "Right to Receive Confidential
Communications" on page 6 of this Notice.
Appointment Reminders
We may use and disclose medical information
about you to contact you to remind you of an appointment you
have with us.
Treatment Alternatives
We may use and disclose medical information
about you to contact you about treatment alternatives that
may be of interest to you.
Health Related Benefits and Services
We may use and disclose medical information
about you to contact you about health-related benefits and
services that may be of interest to you.
Marketing Communications
We may use and disclose medical information
about you to communicate with you about a product or service
to encourage you to purchase the product or service. This
may be:
- To describe a health-related product or service
that is provided by us;
- For your treatment;
- For case management or care coordination
for you;
- To direct or recommend alternative treatments,
therapies, health care providers, or settings of care.
We may communicate to you about products and
services in a face-to-face communication by us to you. We
also may communicate about products or services in the form
of a promotional gift of nominal value.
All other use and disclosure of medical information
about you by us to make a communication about a product or
service to encourage the purchase or use of a product or service
will be done only with your written authorization.
Individuals Involved in Your Care
We may disclose to a family member, other relative,
a close personal friend, or any other person identified by
you, medical information about you that is directly relevant
to that person's involvement with your care or payment related
to your care. We also may use or disclose medical information
about you to notify, or assist in notifying, those persons
of your location, general condition, or death. If there is
a family member, other relative, or close personal friend
that you do not want use to disclose medical information about
you to, please notify the HIPAA Compliance Contact at an ATHENS
MEDICAL GROUP, INC. facility or tell our staff member who
is providing care to you.
Disaster Relief
We may use or disclose medical information about
you to a public or private entity authorized by law or by
its charter to assist in disaster relief efforts. This will
be done to coordinate with those entities in notifying a family
member, other relative, close personal friend, or other person
identified by you of your location, general condition or death.
Required by Law
We may use or disclose medical information about
you when we are required to do so by law.
Public Health Activities
We may disclose medical information about you
for public health activities and purposes. This includes reporting
medical information to a public health authority that is authorized
by law to collect or receive the information for purposes
of preventing or controlling disease. Or, one that is authorized
to receive reports of child abuse and neglect. It also includes
reporting for purposes of activities related to the quality,
safety or effectiveness of a United States Food and Drug administration
regulated product or activity.
Victims of Abuse, Neglect or Domestic Violence
We may disclose medical information about you
to a government authority authorized by law to receive reports
of abuse, neglect, or domestic violence, if we believe you
are a victim of abuse, neglect, or domestic violence. This
will occur to the extent the disclosure is: (a) required by
law; (b) agreed to by you; or, (c) authorized by law and we
believe the disclosure is necessary to prevent serious harm
to you or to other potential victims, or, if you are incapacitated
and certain other conditions are met, a law enforcement or
other public official represents that immediate enforcement
activity depends on the disclosure.
Health Oversight Activities
We may disclose medical information about you
to a health oversight agency for activities authorized by
law, including audits, investigations, inspections, licensure
or disciplinary actions. These and similar types of activities
are necessary for appropriate oversight of the health care
system, government benefit programs, and entities subject
to various government regulations.
Judicial and Administrative Proceedings
We may disclose medical information about you
in the course of any judicial or administrative proceeding
in response to an order of the court or administrative tribunal.
We also may disclose medical information about you in response
to a subpoena, discovery request, or other legal process but
only if efforts have been made to tell you about the request
or to obtain an order protecting the information to be disclosed.
Disclosures for Law Enforcement Purposes
We may disclose medical information about you
to a law enforcement official for law enforcement purposes:
- As required by law.
- In response to a court, grand jury or administrative
order, warrant or subpoena.
- To identify or locate a suspect, fugitive,
material witness or missing person.
- About an actual or suspected victim of a
crime and that person agrees to the disclosure. If we are
unable to obtain that person's agreement, in limited circumstances,
the information may still be disclosed.
- To alert law enforcement officials to a
death if we suspect the death may have resulted from criminal
conduct.
- About crimes that occur at our facility.
- To report a crime in emergency circumstances.
Coroners and Medical Examiners
We may disclose medical information about you
to a coroner or medical examiner for purposes such as identifying
a deceased person and determining cause of death.
Funeral Directors
We may disclose medical information about you
to funeral directors as necessary for them to carry out their
duties.
Organ, Eye or Tissue Donation
To facilitate organ, eye or tissue donation
and transplantation, we may disclose medical information about
you to organ procurement organizations or other entities engaged
in the procurement, banking or transplantation of organs,
eyes or tissue.
Research
Under certain circumstances, we may use or disclose
medical information about you for research. Before we disclose
medical information for research, the research will have been
approved through an approval process that evaluates the needs
of the research project with your needs for privacy of your
medical information. We may, however, disclose medical information
about you to a person who is preparing to conduct research
to permit them to prepare for the project, but no medical
information will leave ATHENS MEDICAL GROUP, INC during that
person's review of the information.
To Avert Serious Threat to Health or Safety
We may use or disclose protected health information
about you if we believe the use or disclosure is necessary
to prevent or lessen a serious or imminent threat to the health
or safety of a person or the public. We also may release information
about you if we believe the disclosure is necessary for law
enforcement authorities to identify or apprehend an individual
who admitted participation in a violent crime or who is an
escapee from a correctional institution or from lawful custody.
Military
If you are a member of the Armed Forces, we
may use and disclose medical information about you for activities
deemed necessary by the appropriate military command authorities
to assure the proper execution of the military mission. We
may also release information about foreign military personnel
to the appropriate foreign military authority for the same
purposes.
National Security and Intelligence
We may disclose medical information about you
to authorized federal officials for the conduct of intelligence,
counter-intelligence, and other national security activities
authorized by law.
Protective Services for the President
We may disclose medical information about you
to authorized federal officials so they can provide protection
to the President of the United States, certain other federal
officials, or foreign heads of state.
Inmates; Persons in Custody
We may disclose medical information about you
to a correctional institution or law enforcement official
having custody of you. The disclosure will be made if the
disclosure is necessary: (a) to provide health care to you;
(b) for the health and safety of others; or, (c) the safety,
security and good order of the correctional institution.
Workers Compensation
We may disclose medical information about you
to the extent necessary to comply with workers' compensation
and similar laws that provide benefits for work-related injuries
or illness without regard to fault.
Other Uses and Disclosures
Other uses and disclosures will be made only
with your written authorization. You may revoke such an authorization
at any time by notifying the HIPAA Compliance Contact at an
ATHENS MEDICAL GROUP, INC. facility in writing of your desire
to revoke it. However, if you revoke such an authorization,
it will not have any affect on actions taken by us in reliance
on it.
Your
Rights With Respect to Medical Information About You
You have the following rights with respect
to medical information that we maintain about you.
Right to Request Restrictions
You have the right to request that we restrict
the uses or disclosures of medical information about you to
carry out treatment, payment, or health care operations. You
also have the right to request that we restrict the uses or
disclosures we make to: (a) a family member, other relative,
a close personal friend or any other person identified by
you; or, (b) for to public or private entities for disaster
relief efforts. For example, you could ask that we not disclose
medical information about you to your brother or sister.
To request a restriction, you may do so at any
time. If you request a restriction, you should do so by contacting
the HIPAA Compliance Contact at an ATHENS MEDICAL GROUP, INC.
facility and tell us: (a) what information you want to limit;
(b) whether you want to limit use or disclosure or both; and,
(c) to whom you want the limits to apply (for example, disclosures
to your spouse).
We are not required to agree to any requested
restriction. However, if we do agree, we will follow that
restriction unless the information is needed to provide emergency
treatment. Even if we agree to a restriction, either you or
we can later terminate the restriction.
Right to Receive Confidential Communications
You have the right to request that we communicate
medical information about you to you in a certain way or at
a certain location. For example, you can ask that we only
contact you by mail or at work. We will not require you to
tell us why you are asking for the confidential communication.
If you want to request confidential communication,
you must do so in writing to the HIPAA Compliance Contact
at an ATHENS MEDICAL GROUP, INC. facility. Your request must
state how or where you can be contacted.
We will accommodate your request. However, we
may, when appropriate, require information from you concerning
how payment will be handled. We also may require an alternate
address or other method to contact you.
Right to Inspect and Copy
With a few very limited exceptions, such as
psychotherapy notes, you have the right to inspect and obtain
a copy of medical information about you.
To inspect or copy medical information about
you, you must submit your request in writing to the HIPAA
Compliance Contact at an ATHENS MEDICAL GROUP, INC. facility.
Your request should state specifically what medical information
you want to inspect or copy. If you request a copy of the
information, we may charge a fee for the costs of copying
and, if you ask that it be mailed to you, the cost of mailing.
We will act on your request within thirty (30)
calendar days after we receive your request. If we grant your
request, in whole or in part, we will inform you of our acceptance
of your request and provide access and copies.
We may deny your request to inspect and copy
medical information if the medical information involved is:
- Psychotherapy notes;
- Information compiled in anticipation of,
or use in, a civil, criminal or administrative action or
proceeding;
- Protected health information subject to the
Clinical Laboratory Improvements Amendments of 1988 (CLIA),
42 U.S.C. §263a, to the extent the provision of access
to the individual would be prohibited by law.
If we deny your request, we will inform you
of the basis for the denial, how you may have our denial reviewed,
and how you may complain. If you request a review of our denial,
it will conducted by a licensed health care professional designated
by us who was not directly involved in the denial. We will
comply with the outcome of that review.
Right to Amend
You have the right to ask us to amend medical
information about you. You have this right for so long as
the medical information is maintained by us.
To request an amendment, you must submit your
request in writing to the HIPAA Compliance Contact at an ATHENS
MEDICAL GROUP, INC. facility. Your request must state the
amendment desired and provide a reason in support of that
amendment.
We will act on your request within sixty (60)
calendar days after we receive your request. If we grant your
request, in whole or in part, we will inform you of our acceptance
of your request and provide access and copying.
If we grant the request, in whole or in part,
we will seek your identification of and agreement to share
the amendment with relevant other persons. We also will make
the appropriate amendment to the medical information by appending
or otherwise providing a link to the amendment.
We may deny your request to amend medical information
about you. We may deny your request if it is not in writing
and does not provide a reason in support of the amendment.
In addition, we may deny your request to amend medical information
if we determine that the information:
- Was not created by us, unless the person
or entity that created the information is no longer available
to act on the requested amendment;
- Is not part of the medical information maintained
by us;
- Would not be available for you to inspect
or copy; or,
- Is accurate and complete.
If we deny your request, we will inform you
of the basis for the denial. You will have the right to submit
a statement of disagreeing with our denial. We may prepare
a rebuttal to that statement. Your request for amendment,
our denial of the request, your statement of disagreement,
if any, and our rebuttal, if any, will then be appended to
the medical information involved or otherwise linked to it.
All of that will then be included with any subsequent disclosure
of the information, or, at our election, we may include a
summary of any of that information.
If you do not submit a statement of disagreement,
you may ask that we include your request for amendment and
our denial with any future disclosures of the information.
We will include your request for amendment and our denial
(or a summary of that information) with any subsequent disclosure
of the medical information involved.
You also will have the right to complain about
our denial of your request.
Right to an Accounting of Disclosures
You have the right to receive an accounting
of disclosures of medical information about you. The accounting
may be for up to six (6) years prior to the date on which
you request the accounting but not before April 14, 2004.
Certain types of disclosures are not included
in such an accounting:
- Disclosures to carry out treatment, payment
and health care operations;
- Disclosures of your medical information
made to you;
- Disclosures that are incident to another
use or disclosure;
- Disclosures that you have authorized;
- Disclosures for disaster relief purposes;
- Disclosures for national security or intelligence
purposes;
- Disclosures to correctional institutions
or law enforcement officials having custody of you;
- Disclosures that are part of a limited data
set for purposes of research, public health, or health care
operations (a limited data set is where things that would
directly identify you have been removed).
- Disclosures made prior to April 14, 2004.
Under certain circumstances your right to an
accounting of disclosures to a law enforcement official or
a health oversight agency may be suspended. Should you request
an accounting during the period of time you right is suspended,
the accounting would not include the disclosure or disclosures
to a law enforcement official or to a health oversight agency.
To request an accounting of disclosures, you
must submit your request in writing to the HIPAA Compliance
Contact at an ATHENS MEDICAL GROUP, INC. facility. Your request
must state a time period for the disclosures. It may not be
longer than six (6) years from the date we receive your request
and my not include dates before April 14, 2004.
Usually, we will act on your request within
sixty (60) calendar days after we receive your request. Within
that time, we will either provide the accounting of disclosures
to you or give you a written statement of when we will provide
the accounting and why the delay is necessary.
There is no charge for the first accounting
we provide to you in any twelve (12) month period. For additional
accountings, we may charge you for the cost of providing the
list. If there will be a charge, we will notify you of the
cost involved and give you an opportunity to withdraw or modify
your request to avoid or reduce the fee.
Right to Copy of this Notice
You have the right to obtain a paper copy of
this Notice of Privacy Practices. You may obtain a paper copy
even though you agreed to receive the notice electronically.
You may request a copy of this Notice of Privacy Practices
at any time.
You may obtain a copy of our Notice of Privacy
Practices over the Internet at our web site, www.athensmed.org
To obtain a paper copy of this notice, contact
the HIPAA compliance officer at the ATHENS MEDICAL GROUP,
INC. facility at which you receive services.
Our
Duties
Generally
We are required by law to maintain the privacy
of medical information about you and to provide individuals
with notice of our legal duties and privacy practices with
respect to medical information.
We are required to abide by the terms of our
Notice of Privacy Practices in effect at the time.
Our Right to Change Notice of Privacy Practices
We reserve the right to change this Notice of
Privacy Practices. We reserve the right to make the new notice's
provisions effective for all medical information that we maintain,
including that created or received by us prior to the effective
date of the new notice.
Availability of Notice of Privacy
Practices
A copy of our current Notice of Privacy Practices
will be posted in each ATHENS MEDICAL GROUP, INC. facility.
A copy of the current notice also will be posted on our web
site, www.athensmed.org.
At any time, you may obtain a copy of the current
Notice of Privacy Practices by contacting The HIPAA Compliance
Contact at any of the ATHENS MEDICAL GROUP, INC. facilities.
Effective Date of Notice
The effective date of the notice will be April
14, 2004.
Complaints
You may complain to us and to the United States
Secretary of Health and Human Services if you believe your
privacy rights have been violated by us.
To file a complaint with us, contact the HIPAA
Compliance Contact at any of the ATHENS MEDICAL GROUP, INC.
facilities. All complaints should be submitted in writing.
To file a complaint with the United States Secretary
of Health and Human Services, send your complaint to him or
her in care of: Office for Civil Rights, U.S. Department of
Health and Human Services, 200 Independence Avenue SW, Washington,
D.C. 20201.
You will not be retaliated against for filing
a complaint.
Questions and Information
If you have any questions or want more
information concerning this Notice of Privacy Practices, please
contact the HIPAA Compliance Contact at any of the ATHENS
MEDICAL GROUP facilities.
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