Honolulu Eye Clinic
Notice Of Privacy Practices
Effective Date: April 14, 2007
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
We are required by federal law to maintain the privacy of your Protected Health
Information, and to provide you with notice of our legal duties and privacy
practices regarding Protected Health Information.
“Protected
Health Information” is information that we keep in electronic, paper or other
form, including demographic information collected from you and is created or
received by us and relates to your past, present, or future physical health or
condition, the provision of health care services to you, or the past, present,
or future payment for the health care services we deliver to you, and that
identifies you or which we reasonably believe can be used to identify you.
We
are required by federal law to comply with the terms of this Notice.
We reserve the right to make changes in our privacy practices regarding
your Protected Health Information.
If we change our privacy practices, that change will apply to all
Protected Health Information that we maintain about you.
We
may use and disclose your Protected Health Information for a variety of
purposes. For
example:
1.
Treatment: We may disclose your Protected Health Information to another
physician, such as a specialist, to whom we refer you for medical treatment.
2.
Health Care Operations: We may disclose your Protected Health Information
to a health plan, managed care plan, individual practice association or to a
management services organization that analyzes our delivery of medical services
to evaluate our health care quality management, case management or professional
competence. We may
also provide your Protected Health Information to other health care providers,
such as laboratories or ambulance companies, for purposes of their health care
operations.
3.
Payment: We may disclose your Protected Health Information to obtain
payments. Disclosures
for “payment” include: (a) disclosure to a health plan to determine your
eligibility or coverage under the plan; (b) disclosures to a health plan to
obtain reimbursement for delivering medical services to you; (c) disclosures to
collection agencies; (d) disclosures for utilization management and
determinations of whether the medical services we deliver to you are necessary
or appropriate; or (e) disclosures to determine whether the amount we charge you
for medical services are justifiable.
4.
Reminders and Treatment Alternatives: We may contact you to provide you
with appointment reminders or information about medical treatment alternatives
or other health-related benefits and services that may be of interest to you.
We
may use or disclose your Protected Health Information in connection with
treatment, payment, or health care operations if we deliver health care products
or services to you based on the orders of another health care provider, and we
report the diagnosis or results associated with the health care services
directly to another health care provider, who provides the products or reports
to you. We may use or
disclose your Protected Health Information that was created or received in
emergency treatment situations, to carry out treatment, payment, or health care
operations if we attempt to obtain your consent as soon as reasonably
practicable after the delivery of such treatment.
We
may disclose your Protected Health Information without your authorization in the
following circumstances: (a) for public health activities, such as controlling
communicable diseases, reporting child abuse or neglect, to monitor or evaluate
the quality, safety or effectiveness of FDA-related products or services; (b)
for reporting victims of abuse, neglect or domestic violence; (c) for health
oversight activities, such as overseeing government benefit programs; (d) in
response to judicial or administrative orders, such as subpoenas; (e) for law
enforcement purposes, such as mandatory reporting of certain types of wounds, or
identifying or locating individuals; (f) for certain research purposes; (g) to
avert a serious threat to the health or safety of an individual or the general
public; and (h) for selected governmental functions, such as national security.
In each of these situations we will keep records that explain our attempt
to obtain your consent and the reason why consent was not obtained.
We
are required to disclose your Protected Health Information: (a) to you upon your
request; and (b) to the U.S. Department of Health and Human Services (“DHHS”)
when DHHS investigates to determine whether we are complying with federal law.
In
all other circumstances we must obtain your authorization to use or disclose
your Protected Health Information.
You will be required to sign an authorization form which permits us to
use and disclose your Protected Health Information for certain purposes, and we
may not condition the delivery of medical treatment to you on your providing the
requested written authorization.
You have the right to revoke your authorization in writing as long as we
have not acted in reliance on the authorization.
You
have the following rights with respect to your Protected Health Information:
1.
The right to request restrictions on our use and disclosure of your Protected
Health Information for treatment, payment or health care operations.
If we agree to any restriction, then we cannot violate that restriction
except in the case of emergency treatment.
However, we are not required to agree to any restrictions.
2.
The right to request in writing and to receive confidential communications of
your Protected Health Information by alternative means (such as by mail or
email) or at alternative locations (such as your office or business workplace).
3.
The right to request in writing access to our office to inspect and copy your
Protected Health Information.
Except in cases where the Protected Health Information is not maintained
or accessible on-site, we will act on a request for access no later than thirty
(30) days after we receive your request.
4.
The right to request in writing that we amend your Protected Health Information.
Your request must contain the reasons to support the requested amendment.
We will act upon your request within sixty (60) days after we receive
your request.
5.
The right to receive an accounting of all our disclosures of your Protected
Health Information in the six years prior to the date of your request, except
for disclosures: (a) to carry out treatment, payment and health care operations;
(b) to you; (c) for our directory or to persons involved in your care; (d) for
national security or intelligence purposes; (e) to correctional institutions or
law enforcement officials; (f) pursuant to any written authorization that you
give to us; or (g) that occurred prior to April 14, 2007.
6.
The right to request and obtain from us a paper copy of this Notice.
If
you believe that we have violated your privacy rights, then you may file a
written complaint with Donald Mastriano, who is our privacy officer and the
administrator of our Clinic at 808-526-0030.
You
may also file a complaint with the Office for Civil Rights of the DHHS.
Your complaint must: (a) be in writing, either on paper or
electronically; (b) name the Company and describe the acts or omissions you
believed to be in violation of the Privacy Rules; (c) be filed within 180 days
of when you knew or should have known that the act or omission complained of
occurred, unless the time limit is waived by the DHHS for good cause shown.
The
complaint may be sent to: Office
of Civil Rights, U.S. Department of Health and Human Services, Region IX, 50
United Nations Plaza, Room 322, San Francisco, CA 94102.
We will not retaliate against you for filing a complaint.
If you wish to obtain additional information about any of the matters discussed in this notice you may contact our privacy officer at 808-526-0030.