DR. RAYMOND M. KLEIN

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.

 

If you have any questions about this Notice, please contact Dr. Raymond M. Klein

 

This Notice of Privacy Practices describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. "Protected health information" is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

 

This Notice describes the privacy practices of the office of Dr. Raymond M. Klein ..

 

We are required by law to maintain the privacy of protected health information and to provide you with notice of our legal duties and our privacy practices. 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 protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice of Privacy Practices by accessing our website www.dr4gums.com, calling our office at 707 429-5200 and requesting that a revised copy be sent to you in the mail, or asking for one at the time of your next appointment.

 

1.       Uses and Disclosures of Protected Health Information.

 

This section of the Notice describes rules and procedures for the use and disclosure of protected health information in our office. By protected health information, we mean any personally identifiable health information about you

 

A. Uses and Disclosures of Protected Health Information for Treatment, Payment, and Health Care Operations.

 

In order for the our office to provide good quality care and operate an effective health care system, it is necessary that we are able to use and disclose your protected health information for three specific purposes: (1) to provide you treatment; (2) for us to pay for care you receive or, in some cases, to collect from you or another payer; and (3) the management of our office for issues like quality assurance assessments. We refer to these three purposes as: treatment, payment, and health care operations. They are explained more below.

 

Under the law, most health care providers will ask you to sign a consent form to allow them to use your protected health information for treatment, payment, and health care operations. If you do not sign this form, they are allowed in most cases to refuse to give you health care. If you refuse consent we will exercise our right to refuse treatment if you do not consent to our use of your protected health information for treatment, payment, and health care operations.)

 

 

Following are examples of the types of uses and disclosures of your protected health care information that our office is permitted to make to carry out treatment, payment, and health care operations.  These examples are not meant to be exhaustive, but to describe the types of uses and disclosures involved. .

 

Treatment: We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services.  For example, we may  disclose your protected health information, as necessary, to dentists, doctors, nurses, and other health care providers, or departments of hospitals, involved in providing your care. We will also disclose protected health information to other physicians or dentists who may be treating you. For example, your protected health information may be provided to a dentist to whom you have been referred to ensure that the dentist has the necessary information to diagnose or treat you. This protected information may also be disclosed to pharmacists who dispense drugs that you are prescribed by dentists or other health care providers.

 

Payment: Your protected health information will be used, as needed, to obtain payment for your health care services. This applies to the fees that patients are required to pay. It also applies to those cases in which a third party payer may have an obligation under law to pay for care in our office. Examples of this are health insurance, automobile insurance in accident cases, and workers compensation insurance for workplace injuries or illnesses. We will use your protected health information to submit to insurance plans and other third party payers for pre-authorization of benefits or estimates of the extent of coverage for services we expect to perform for you.

 

Healthcare Operations: We may use or disclose your protected health information in order to support the daily activities related to provision of health care.. These activities include but are not limited to, quality assessment activities, investigations, oversight or staff performance reviews, training of employees, students, licensing, marketing activities, and conducting or arranging for other health care related activities. Other activities include arranging for legal and auditing services, business planning and development, customer service, and general administrative activities. .

 

B. Uses and Disclosures of Protected Health Information Based upon Your Written Authorization.

 

In general, other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law, as described below. You may revoke this authorization, at any time, in writing, except to the extent that  our office has taken an action in reliance on the use or disclosure indicated in the authorization.

 

C. Other Routine  Uses and Disclosures That May Be Made, Unless You Object.

 

There are several other routine uses and disclosures we would generally make, but we will give you an opportunity to agree or object. If you do object, we will generally not make them, except in special circumstances.

 

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 protected health information that directly relates to that person’s involvement in your health care. If you are not present or are unable to agree or object to such a 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 protected health information 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 protected health information 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 or disclose your protected health information in an emergency treatment situation. If this happens your physician or dentist shall try to obtain your consent as soon as reasonably practicable after the delivery of treatment. If your dentist or physician or another physician is required by law to treat you and the physician has attempted to obtain your consent but is unable to obtain your consent, he or she may still use or disclose your protected health information to treat you.

 

Communication Barriers: We may use and disclose your protected health information if your dentist or physician attempts to obtain consent from you but is unable to do so due to substantial communication barriers and the physician determines, using professional judgment, that you intend to consent to use or disclosure under the circumstances.

 

D. Other Permitted and Required Uses and Disclosures That May Be Made Without Your Consent, Authorization or Opportunity to Object.

 

We may use or disclose your protected health information in the following situations without your consent or authorization. These situations include:

 

Required By Law: We may use or disclose your protected health information to the extent that the use or disclosure is required by law or government regulation (including DoD and military service regulations). The use or disclosure will be made in compliance with the law or regulation and will be limited to the relevant requirements of the law or regulation. You will be notified, as required by law or regulation, of any such uses or disclosures.

 

Public Health: We may disclose your protected health information for public health activities and purposes to a public health authority (including Department of Defense components engaged in public health activities) that is permitted by law or government regulations 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 protected health information, if directed by the public health authority, to a foreign government agency that is collaborating with the public authority. We may also disclose your protected health information 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.

 

Communicable Diseases: We may disclose your protected health information, if authorized by law or government regulations, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.

 

Health Oversight: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations and inspections. Oversight agencies seeking this information include state Dental Board and other government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.

 

Abuse or Neglect: We may disclose your protected health information to a law enforcement agency or other public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information 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  laws.

 

Legal Proceedings: We may disclose protected health information in the course of any judicial or administrative proceeding, in response to an order of a court, judge, or administrative tribunal (to the extent such a disclosure is expressly authorized), in certain conditions in response to a subpoena, discovery request or other lawful process.

 

Law Enforcement: We may also disclose protected health information, so long as applicable legal requirements 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 our premises, and (6) medical emergency  and it is likely that a crime has occurred.

 

Coroners, Funeral Directors, and Organ Donation: We may disclose protected health information 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 protected health information 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. Protected health information may be used and disclosed for cadaver organ, eye or tissue donation purposes.

 

Research: We may disclose your protected health information in certain limited cases to researchers when their research has been  determined by an Institutional Review Board to not adversely affect your privacy rights. An example of this might be research concerning medical treatment outcomes in which personally identifying information will not be disclosed by the researcher. Except in limited cases like this, the general rule is that your protected health information will not be used for research purposes without your authorization.

 

Criminal Activity or Serious Threat to Health or Safety: Consistent with applicable federal and state laws, we may disclose your protected health information if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.

 

Armed Forces Personnel: We may use and disclose the protected health information of individuals who are Armed Forces personnel for activities deemed necessary by appropriate military command authorities to assure the proper execution of the military mission. This includes information relating to a member’s fitness for duty or ability to perform any particular mission or assignment. We will also disclose protected health information to the Department of Veterans Affairs to assist in determinations of eligibility for benefits after military service.

 

Other Special Government Functions:  When the appropriate conditions apply, we may  disclose protected health information for other special government functions, such as relating to  foreign military  members,  and  national security and intelligence activities

 

Workers’ Compensation: Your protected health information may be disclosed by us as authorized to comply with workers’ compensation laws and other similar legally established programs.

 

Patients in Correctional Facilities: We may use or disclose your protected health information if you are an inmate of a correctional facility and your physician created or received your protected health information 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.

 

E. Other Privacy Practices Concerning Uses and Disclosures.

 

We will share your protected health information with third party "business associates" that perform various activities for our office.This includes insurance contractors, contractors that operate our computer information systems, and other third parties that support the administration and management of our office. Whenever an arrangement between our office and a business associate involves the use or disclosure of your protected health information, we will have a written contract or agreement that contains terms that will protect the privacy of your protected health information.

 

We may use or disclose your protected health information, as necessary, to provide you with appointment reminders and 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 protected health information for other marketing activities. For example, your name and address may be used to send you a newsletter about services we offer. We may also send you information about products or services that we believe may be beneficial to you.

 

2.       Your Rights.

 

Following is a statement of your rights with respect to your protected health information and a brief description of how you may exercise these rights.

 

You have the right to inspect and copy your protected health information. In general,  you may inspect and obtain a copy of protected health information about you. Under federal law, however, you may not inspect or copy the following records; psychotherapy notes, information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, and protected health information that is subject to law that prohibits access to protected health information. There are also certain other exceptions. Please note that you may be charged a fee to cover the costs of providing you the information. Depending on the circumstances, a decision to deny access may be reviewed. Please contact our office if you have questions about access to your health record.

 

You have the right to request a restriction of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment or healthcare operations. You may also request that any part of your protected health information 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, to whom you want the restriction to apply and an expiration date.

 

Our office  is not required to agree to a restriction that you may request.  In general, if our office does agree to the requested restriction, we may not use or disclose your protected health information in violation of that restriction.  If you wish to request a restriction, you need to make your request to the person or level of management that would be involved in applying the restriction. For example, if your request is that your physicians or dentists not disclose certain information to a family member, that request would be made to your physician or dentist. You may request a restriction in writing via a letter or electronic message. You will receive a response to your request.

 

You have the right to request 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 (if applicable) or specification of an alternative address or other method of contact. We will not request an explanation from you as to the basis for the request. Please make this request in writing or by electronic message to our office manager.

 

You may have the right to have our office amend your protected health information. This means you may request an amendment of protected health information about you if it is inaccurate or incomplete. Any such request must be in writing and provide a reason to support the requested amendment.  In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal. Please contact Dr. Raymond M. Klein if you have questions about amending your protected health information.

 

You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information. This right applies to disclosures for purposes other than treatment, payment or healthcare operations as described in this Notice of Privacy Practices. It excludes disclosures we may have made to you, 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. This right to receive this information is subject to certain other exceptions, restrictions and limitations.

 

You have the right to obtain a paper copy of this notice from our office or view it electronically at www.dr4gums.com.

 

You have the right to file a complaint with our office or the Department of Health and Human Services if you believe your privacy rights have been violated. You may file a complaint in writing with  Dr. Raymond M. Klein. No retaliation will occur against you for filing a complaint

 

 

 

This notice is effective in its entirety as of April 14, 2003.