NOTICE OF PRIVACY PRACTICES FOR RAA FACILITIES
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 at 505-332-6900.
This Notice describes how we may use and disclose your Protected Health Information (PHI) to carry out treatment, payment or health care operations and for other purposes permitted or required by law. It also describes your rights to access and control your PHI. PHI is information about you, including demographic information, that may identify you and that relates to your past, present and future physical and mental health and 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 PHI that we maintain a t that time. Upon your request, we will provide you with any revised Notice of Privacy Practices by accessing our website at www.raaonline.com , emailing us at Privacy@raaonline.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.
Section 1Use and Disclosures of Protected Health Information (PHI). Your PHI may be used and disclosed by your health care provider, 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 PHI may also be used and disclosed to pay your health care bills and to support the operation of the Radiologist's practice.
Following are examples of the types of uses and disclosures of your Protected Health care Information (PHI) that the Radiologist's office is permitted to make.
Treatment We will use and disclose your PHI to provide, coordinate, or manage your healthcare and any related services. This includes the coordination and management of your health care with your primary care physician, referring physician or other third party that has already obtained your permission to have access to your PHI. For example, we could disclose your PHI, as necessary to other physicians who may be treating you.
In addition, we may disclose your PHI from time-to-time to another physician or health care provider (e.g. specialist) 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 (PHI) 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 of coverage for insurance benefits, reviewing services provided to you for medical necessity, and undertaking utilization review activities. For example, obtaining approval for an MRI may require that your relevant PHI be disclosed to the health plan to obtain approval for the procedure. In addition, we may disclose your PHI to any attorney upon your request and consent to assist in payment facilitation for workers' compensation or auto injury claim.
Healthcare Operations We may use or disclose, as needed, your Protected Health Information (PHI) in order to support the business activities of your health care provider practice. These activities include, but are not limited to, quality assessment activities, employee review activities, training employees, licensing, marketing, fundraising, computer upgrades and conducting or arranging for other activities.
For example, we may disclose your PHI by calling you by name in the waiting room when your procedure is ready to begin. We may use or disclose your PHI, as necessary, to contact you to remind you of your appointment.
We will share your PHI with third party Business Associates that perform various activities (e.g. billing, collection, research, transcription services, computer maintenance and upgrades) for the practice. Whenever an arrangement between our office and a business involves the use or disclosure of your PHI, we will have a written contract that contains terms that will protect the privacy of your PHI.
We may use or disclose your PHI, 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 PHI 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 out Privacy Contact to request that these materials not be sent to you.
We may use or disclose your demographic information and the dates that you received treatment from your physician, as necessary, in order to contact you for educational activities supported by our office. If you do not want to receive these materials, please contact our Privacy Contact and request that these educational materials not be sent to you.
Uses and Disclosures of Protected Health Information (PHI) Based Upon Your Written Authorization Other uses and disclosures of your PHI will be made only with your written authorization, unless otherwise permitted or required by law as described herein. You may revoke this authorization at any time, in writing, except to the extent that your health care provider or your health care provider 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 you Protected Health Information (PHI) in the following instances. You have the opportunity to agree or object to the use or disclosure of all or part of your PHI. If you are not present or able to agree or object to the use or disclosure of the PHI, then your physicians may, using professional judgment, determine whether the disclosure is in your best interest. In this case, only the PHI 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 PHI that directly relates to that person's involvement in your health care. If you are unable to agree or object to such 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 PHI 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 PHI 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 and disclose your PHI in an emergency treatment situation. If this happens, your health care provider shall try and obtain your consent as soon as reasonably practicable after the delivery of treatment. If your health care provider is required by law to treat you and the health care provider has attempted to obtain your consent but is enable to obtain your consent, he or she may still use and disclose your PHI to treat you.
Communication Barriers We may use and disclose your PHI if your health care provider attempts to obtain consent from you but is unable to do so due to substantial communication barriers and the health care provider determines, using professional judgment, that you intend to consent to use or disclosure under the circumstances.
We may use and disclose your protected Health Information (PHI) in the following situations without your consent, authorization or Opportunity to Object. These situations include:
Required by Law: We may use or disclose your PHI 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 disclosures.
Public Health: We may disclose your PHI 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 PHI, if directed by the public health authority, to a foreign government agency that is collaboration with the public health authority.
Communicable Disease: We may disclose your PHI, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contacting or spreading the disease or condition.
Health Oversight: We may disclose PHI 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 law.
Abuse or Neglect: We may disclose your PHI to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your PHI 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 PHI 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 PHI 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 PHI, so long as applicable legal requirement 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 at the Practice's premises) and it is likely that a crime has occurred.
Coroners, Funeral Directors, and Organ Donations: We may disclose PHI 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 PHI 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. PHI may be used and disclosed for cadaveric organ, eye or tissue donation purposes.
Research: We may disclose your Protected Health Information (PHI) 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 PHI.
Criminal Activities: Consistent with applicable federal and state laws, we may disclose your PHI, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health and safety of a person or the public. We may also disclose PHI 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 PHI 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 or your eligibility for benefits, or 3) to foreign military authority if you are a member of that foreign military service. We may also disclose your PHI to authorized federal officials for conducting national security and intelligence activities, including for the provision of protective services to the President of the United States or others legally authorized.
Workers' Compensation: Your PHI 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 PHI if you are an inmate of a correctional facility and your physician created or received your PHI 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 .
Section 2Your Rights. Following is a statement of your rights with respect to your Protected Health Information (PHI) and a brief description of how you may exercise these rights.
You have a right to inspect and copy your Protected Health Information (PHI). This means you may inspect and obtain a copy of PHI about you that is contained in a designated record set for as long as we maintain the PHI. 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.
Under federal law, however, you may not inspect or copy the following records; psychotherapy notes; information complied in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, and PHI that is subject to law that prohibits access to PHI. Depending on the circumstances, a decision to deny access may be reviewable . In some circumstances, you may have the right to have this decision reviewed. Contact our Privacy Contact if you have questions about access to your medical record (see insert).
You have the right to request a restriction of your Protected Health Information (PHI). This means you may request that any part of your PHI 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 your physician believes it is in your best interest to permit use and disclosure of your PHI, it will not be restricted. If your physician agrees to the requested restriction, we may not use or disclose you PHI 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 providing a written statement that is signed, dated and submitted to our Privacy Contact .
You have the right to request and 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 method of contact. We will not request an explanation from you as to the basis for the request. Please make this request in writing to out Privacy Contact.
You have the right to have your Radiologist or Radiologist's office amend your PHI. This means you may request an amendment to PHI 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 a 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 accounting of certain disclosures we have made, if any, of your Protected Health Information (PHI). This right applies to disclosure for purposes other than treatment, payment or health care operations as described in this Notice of Privacy Practices. It excludes disclosures we may have made to you, for a facility directory, 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 expectations, restrictions and limitations.
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 Officer either by e-mail at Privacy@raaonline.com or by calling 505-332-6900 for further information about the complaint process.
Phone: 505-332-6900
Fax: 505-332-6921
Web site: www.raaonline.com
E-mail: Privacy@raaonline.com
Address: 4411 The 25 Way NE Suite 150, Albuquerque , NM 87109
This notice was published and becomes effective on April 14 th , 2003
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