Effective Date: May 3, 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.
If you have any questions about this
notice, please contact:
Kristina Shu, Practice Manager
1200 Binz Street, Suite 580
Houston, TX 77004
713-524-0580
713-524-0581
WHO WILL FOLLOW THIS NOTICE
·
This notice describes our clinic's
practices and that of:
·
Any health care professional authorized
to enter information into your clinic
chart.
·
All departments and units of the clinic.
·
Any member of a volunteer group we allow
to help you while you are in the clinic.
·
All employees, staff and other clinic
personnel.
All these entities, sites and locations
follow the terms of this notice. In
addition, these entities, sites and
locations may share medical information
with each other for treatment, payment
or clinic operations purposes described
in this notice.
OUR PLEDGE REGARDING MEDICAL
INFORMATION:
We understand that medical information
about you and your health is personal.
We are committed to protecting medical
information about you. We create a
record of the care and services you
receive at the clinic. We need this
record to provide you with quality care
and to comply with certain legal
requirements. This notice applies to all
of the records of your care generated by
the clinic, whether made by clinic
personnel or your personal doctor. Your
personal doctor may have different
policies or notices regarding the
doctor's use and disclosure of your
medical information created in the
doctor's office or clinic.
This notice will tell you about the ways
in which we may use and disclose medical
information about you. We also describe
your rights and certain obligations we
have regarding the use and disclosure of
medical information.
We are required by law to:
· make sure that medical information that
identifies you is kept private;
· give you this notice of our legal duties and
privacy practices with respect to medical
information about you; and
· follow the terms of the notice that is
currently in effect.
HOW WE MAY USE AND DISCLOSE MEDICAL
INFORMATION ABOUT YOU.
The following categories describe different
ways that we use and disclose medical
information. For each category of uses or
disclosures we will explain what we mean and
try to give some examples. Not every use or
disclosure in a category will be listed.
However, all of the ways we are permitted to
use and disclose information will fall
within one of the categories.
For Treatment
We may use medical information about you to
provide you with medical treatment or
services. We may disclose medical
information about you to doctors, nurses,
technicians, medical students, or other
clinic personnel who are involved in taking
care of you at the clinic. For example, a
doctor treating you for a broken leg may
need to know if you have diabetes because
diabetes may slow the healing process. In
addition, the doctor may need to tell the
dietitian if you have diabetes so that we
can arrange for appropriate meals. Different
departments of the clinic also may share
medical information about you in order to
coordinate the different things you need,
such as prescriptions, lab work and x‑rays.
We also may disclose medical information
about you to people outside the clinic who
may be involved in your medical care after
you leave the clinic, such as family
members, clergy or others we use to provide
services that are part of your care.
For Payment
We may use and disclose medical information
about you so that the treatment and services
you receive at the clinic may be billed to
and payment collected from you, an insurance
company or a third party. For example, we
may need to give your health plan
information about surgery you received at
the clinic so your health plan will pay us
or reimburse you for the surgery. We may
also tell your health plan about a treatment
you are going to receive in order to obtain
prior approval or to determine whether your
plan will cover the treatment.
For Health Care
Operations
We may use and
disclose medical information about you for
clinic operations. These uses and
disclosures are necessary to run the clinic
and make sure that all of our patients
receive quality care. For example, we may
use medical information to review our
treatment and services and to evaluate the
performance of our staff in caring for you.
We may also combine medical information
about many clinic patients to decide what
additional services the clinic should offer,
what services are not needed, and whether
certain new treatments are effective. We may
also disclose information to doctors,
nurses, technicians, medical students, and
other clinic personnel for review and
learning purposes. We may also combine the
medical information we have with medical
information from other clinics to compare
how
we are doing and see where we can make
improvements in the care and services we
offer. We may remove information that
identifies you from this set of medical
information so others may use it to study
health care and health care delivery without
learning who the specific patients are.
For Appointment
Reminders
We may use and disclose medical information
to contact you as a reminder that you have
an appointment for treatment or medical care
at the clinic.
For Treatment Alternatives
We may use and disclose medical information
to tell you about or recommend possible
treatment options or alternatives that may
be of interest to you.
For Health‑Related Benefits and Services
We may use and disclose medical information
to tell you about health‑related benefits or
services that may be of interest to you.
For Fund Raising Activities
We may use medical information about you to
contact you in an effort to raise money for
the clinic and its operations. We may
disclose medical information to a foundation
related to the clinic so that the foundation
may contact you in raising money for the
clinic. We only will release contact
information, such as your name, address and
phone number and the dates you received
treatment or services at the clinic. If you
do not want the clinic to contact you for
fund raising efforts, you must notify this
clinic in writing.
For Clinic Directory
We may include certain limited information
about you in the clinic directory while you
are a patient at the clinic. This
information may include your name, location
in the clinic, your general condition (e.g.,
fair, stable, etc.) and your religious
affiliation. The directory information,
except for your religious affiliation, may
also be released to people who ask for you
by name. Your religious affiliation may be
given to a member of the clergy, such as a
priest or rabbi, even if they don't ask for
you by name. This is so your family, friends
and clergy can visit you in the clinic and
generally know how you are doing.
To Individuals
Involved in Your Care or Payment for Your
Care
We may release medical information about you
to a friend or family member who is involved
in your medical care. We may also give
information to someone who helps pay for
your care. We may also tell your family or
friends your condition and that you are in
the clinic. In addition, we may disclose
medical information about you to an entity
assisting in a disaster relief effort so
that your family can be notified about your
condition, status and location.
For Research
Under certain circumstances, we may use and
disclose medical information about you for
research purposes. For example, a research
project may involve comparing the health and
recovery of all patients who received one
medication to those who received another,
for the same condition. All research
projects, however, are subject to a special
approval process. This process evaluates a
proposed research project and its use of
medical information, trying to balance the
research needs with patients' need for
privacy of their medical information. Before
we use or disclose medical information for
research, the project will have been
approved through this research approval
process, but we may, however, disclose
medical information about you to people
preparing to conduct a research project, for
example, to help them look for patients with
specific medical needs, so long as the
medical information they review does not
leave the clinic. We will almost always ask
for your specific permission if the
researcher will have access to your name,
address or other information that reveals
who you are, or will be involved in your
care at the clinic.
As Required By Law
We will disclose medical information about
you when required to do so by federal, state
or local law.
To Avert a
Serious Threat to Health or Safety
We may use and disclose medical information
about you when necessary to prevent a
serious threat to your health and safety or
the health and safety of the public or
another person. Any disclosure, however,
will only be to someone able to help prevent
the threat.
SPECIAL
SITUATIONS
Organ and Tissue Donation
If you are an organ donor, we may release
medical information to organizations that
handle organ procurement or organ, eye or
tissue transplantation or to an organ
donation bank, as necessary to facilitate
organ or tissue donation and
transplantation.
Military and Veterans
If you are a member of the Armed Forces, we
may release medical information about you as
required by military command authorities. We
may also release medical information about
foreign military personnel to the
appropriate foreign military authority.
Workers' Compensation
We may release medical information about you
for Workers' Compensation or similar
programs. These programs provide benefits
for work‑related injuries or illness.
Public Health Risks
We may disclose medical information about
you for public health activities. These
activities generally include the following:
· to prevent or control disease, injury or
disability;
· to report births and deaths;
· to report child abuse or neglect;
· to report reactions to medications or
problems with products;
· to notify people of recalls of products they
may be using;
· to notify a person who may have been exposed
to a disease or may be at risk for
contracting or spreading a disease or
condition;
· to notify the appropriate government
authority if we believe a patient has been
the victim of abuse, neglect or domestic
violence. We will only make this disclosure
if you agree or when required or authorized
by law.
Health Oversight Activities
We may disclose medical information to a
health oversight agency for activities
authorized by law. These oversight
activities include, for example, audits,
investigations, inspections, and licensure.
These activities are necessary for the
government to monitor the health care
system, government programs, and compliance
with civil rights laws.
Lawsuits and Disputes
If you are involved in a lawsuit or a
dispute, we may disclose medical information
about you in response to a court or
administrative order. We may also disclose
medical information about you in response to
a subpoena, discovery request, or other
lawful process by someone else involved in
the dispute, but only if efforts have been
made to tell you about the request or to
obtain an order protecting the information
requested.
Law Enforcement
We may release medical information if asked
to do so by a law enforcement official:
· in response to a court order, subpoena,
warrant, summons or similar process;
· to identify or locate a suspect, fugitive,
material witness, or missing person;
·
about the victim of a crime if, under
certain limited circumstances, we are unable
to obtain the person's agreement;
· about a death we believe may be the result
of criminal conduct;
· about criminal conduct at the clinic; and
· in emergency circumstances to report a
crime, the location of the crime or
victims,
or the identity, description or location of
the person who committed the crime.
Coroners, Medical Examiners and Funeral
Directors
We may release medical information to a
coroner or medical examiner. This may be
necessary, for example, to identify a
deceased person or determine the cause of
death. We may also release medical
information about patients of the clinic to
funeral directors as necessary to carry out
their duties.
National Security and Intelligence
Activities
We may release medical information about you
to authorized federal officials for
intelligence, counterintelligence, and other
national security activities authorized by
law.
Protective Services for the President and
Others
We may disclose medical information about
you to authorized federal officials so they
may provide protection to the President,
other authorized persons or foreign heads of
state or conduct special investigations.
YOUR RIGHTS REGARDING MEDICAL INFORMATION
ABOUT YOU
You have the following rights regarding
medical information we maintain about you:
Right to Inspect and Copy
You have the right to inspect and copy
medical information that may be used to make
decisions about your care. Usually, this
includes medical and billing records, but
does not include psychotherapy notes.
To inspect and copy medical information that
may be used to make decisions about you, you
must submit your request in writing to Dean
Smith, MD, PA. If you request a copy of the
information, we may charge a fee for the
costs of copying, mailing or other supplies
associated with your request.
We may deny your request to inspect and copy
in certain very limited circumstances. If
you are denied access to medical
information, you may request that the denial
be reviewed. Another licensed health care
professional chosen by the clinic will
review your request and the denial. The
person conducting the review will not be the
person who denied your request. We will
comply with the outcome of the review.
Right to Amend
If you feel that medical information we have
about you is incorrect or incomplete, you
may ask us to amend the information. You
have the right to request an amendment for
as long as the information is kept by or for
the clinic.
To request an amendment, your request must
be made in writing and submitted to Dean
Smith, MD, PA. In addition, you must provide
a reason that supports your request. We may
deny your request for an amendment if it is
not in writing or does not include a reason
to support the request. In addition, we may
deny your request if you ask us to amend
information that:
· was not created by us, unless the person or
entity that created the information is no
longer available to make the amendment;
· is not part of the medical information kept
by or for the clinic;
·
is not part of the information which you
will be permitted to inspect and copy; or
· is accurate and complete.
Right to an Accounting of Disclosures
You have the right to request an "Accounting
of Disclosures." This is a list of the
disclosures we made of medical information
about you.
To request this list or accounting of
disclosures, you must submit your request in
writing to Dean Smith, MD, PA. Your request
must state a time period which may not be
longer than six years and may not include
dates before February 26, 2003. Your request
should indicate in what form you want the
list (for example, on paper, or
electronically). The first list you request
within a 12 month period will be free. For
additional lists, we may charge you for the
costs of providing the list. 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.
Right to
Request Restrictions
You have the right to request a restriction
or limitation on the medical information we
use or disclose about you for treatment,
payment or health care operations. You also
have the right to request a limit on the
medical information we disclose about you to
someone who is involved in your care or the
payment for your care, like a family member
or friend. For example, you could ask that
we not use or disclose information about a
surgery you had. We are not required to
agree to your request. If we do agree, we
will comply with your request unless the
information is needed to provide you
emergency treatment.
To request restrictions, you must make your
request in writing to Dean Smith, MD, PA. In
your request, you must tell us (1) what
information you want to limit; (2) whether
you want to limit our use, disclosure or
both; and (3) to whom you want the limits to
apply, for example, disclosures to your
spouse.
Right to Request Confidential Communications
You have the right to request that we
communicate with you about medical matters
in a certain way or at a certain location.
For example, you can ask that we only
contact you at work or by mail.
To request confidential communications, you
must make your request in writing to Dean
Smith, MD, PA. We will not ask you the
reason for your request. We will accommodate
all reasonable requests. Your request must
specify how or where you wish to be
contacted.
Right to a
Paper Copy of This Notice
You have the right to
a paper copy of this notice. You may ask us
to give you a copy of this notice at any
time. Even if you have agreed to receive
this notice electronically, you are still
entitled to a paper copy of this notice. You
may obtain a copy of this notice at our
website,
www.deansmithmd.com.
To obtain a paper copy of this notice, call
713-524-0580 or write:
Dean Smith, MD, PA
Attn: Kristina Shu, Practice Manager
1200 Binz Street, Suite 580
Houston, TX 77004
CHANGES TO THIS
NOTICE
We reserve the right to change this notice.
We reserve the right to make the revised or
changed notice effective for medical
information we already have about you as
well as any information we receive in the
future. We will post a copy of the current
notice in the clinic. The notice will
contain on the first page, in the top
right‑hand corner, the effective date. In
addition, each time you register at or are
admitted to the clinic for treatment or
health care services as an inpatient or
outpatient, we will offer you a copy of the
current notice in effect.
COMPLAINTS
If you believe your privacy rights have been
violated, you may file a complaint with the
clinic or with the Secretary of the
Department of Health and Human Services. To
file a complaint with the clinic, contact
Dean Smith, MD, PA
Attn: Kristina Shu, Practice Manager
1200 Binz Street, Suite 580
Houston, TX 77004
All complaints must be submitted in writing.
You will not be penalized for filing a
complaint.
OTHER USES OF MEDICAL INFORMATION
Other uses and disclosures of medical
information not covered by this notice or
the laws that apply to us will be made only
with your written permission. If you provide
us permission to use or disclose medical
information about you, you may revoke that
permission, in writing, at any time. If you
revoke your permission, we will no longer
use or disclose medical information about
you for the reasons covered by your written
authorization. You understand that we are
unable to take back any disclosures we have
already made with your permission, and that
we are required to retain our records of the
care that we provided to you.
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