HIPAA – Lee Family Practice

NOTICE OF PRIVACY PRACTICES

Lee Family Practice Associates and William O. Lee, M.D.

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.

A. We Have a Legal Duty to Protect Health Information About You

We at the office of William O. Lee, M.D. are committed to treating and using personal health information about you responsibly and with the utmost respect for your privacy. In addition to this moral and ethical obligation, there is also a legal obligation to do the same. We are required by law to protect the privacy of health information about you and that can be identified with you, which we call “protected health information,” or “PHI” for short. We must give you notice of our legal duties and privacy practices concerning PHI:

We must protect PHI that we have created or received about: you past, present, or future health condition; healthcare we provide to you; or payment for your healthcare.
We must notify you about how we protect PHI about you.
We must explain how, when, and why we use and/or disclose PHI about you.
We may only use and/or disclose PHI as we have described in this notice.

This notice describes the type of uses and disclosures that we may make and gives you some examples. In addition, we may make other uses and disclosures, which occur as a byproduct of the permitted uses and disclosures described in this notice. If we participate in an “organized healthcare arrangement” (defined in subsection B.3 below), the providers participating in the “organized healthcare arrangement” will share PHI with each other, as necessary to carry out treatment, payment or healthcare operations (defined below) relating to the “organized healthcare arrangement.”

We are required to follow the procedures in this notice. We reserve the right to change the terms of this notice and to make new notice provisions effective for all PHI that we maintain by first:

Posting the revised notice in our offices and/or
Making copies of the revised notice available upon request

B. We May Use and Disclose PHI About You Without Your Authorization in the Following Circumstances
1. We may use and disclose PHI about you to provide healthcare treatment to you.

We may use and disclose PHI about you to provide, coordinate or manage your healthcare and related services. This may include communicating with other healthcare providers regarding your treatment and coordinating and managing your healthcare with others. For example, we may use and disclose PHI about you when you need a prescription, lab work, and x-ray, or healthcare services. In addition, we may use and disclose PHI about you when referring you to another healthcare provider.

We may share medical information about you with another healthcare provider. For example, if you are referred to another doctor, that doctor will need to know if you are allergic to any medications. Similarly, your doctor may share PHI about you with a pharmacy when calling in a prescription.

2. We may use and disclose PHI about you to obtain payment for services.

Generally, we may use and give your medical information to others to bill and collect payment for the treatment and services provided to you by us or by another provider. Before you received scheduled services, we may share information about these services with your health plan(s). Sharing information allows us to ask for coverage under your plan or policy and for approval of payment before we provide the services. We may also share portions of medical information about you with the following:

A billing company.
Collection departments, agencies, or attorneys assisting us with collections
Insurance companies, health plans, and their agents which provide you coverage
Hospital departments that review the care you receive to check that is and the costs associates with it were appropriate for your illness or injury
Consumer reporting agencies (e.g. credit bureaus)

3. We may use and disclose PHI about you for healthcare operations.

We may use and disclose PHI in performing business activities, which we call “healthcare operations.” These “healthcare operations” allow us to improve the quality of care we provide and reduce healthcare costs. We may also disclose PHI for the “healthcare operations” of any “organized healthcare arrangement” in which we participate. An example of an “organized healthcare arrangement” is the care provided by a hospital and the physicians who see patients at the hospital. In addition, we may disclose PHI about you for the “healthcare operations” of other providers involved in your care to improve the quality, efficiency and cost of their care or to evaluate and improve the performance of their providers. Examples of the way we may use or disclose PHI about you for “healthcare operations” include the following:

Reviewing and improving the quality, efficiency, and cost of care that we provide to you and our other patients. For example, we may use PHI about you to develop ways to assist our healthcare providers and staff in deciding what medical treatment should be provided to others
Improving healthcare and lowering costs for groups of people who have similar health problems and to help manage and coordinate the care for these groups of people, we may use PHI to identify groups of people with similar health problems to give them information, in instance, about treatment alternatives, classes, or new procedures.
Reviewing and evaluating the skills, qualifications, and performance of healthcare providers taking care of you.
Providing training programs for students, trainees, healthcare providers or non-healthcare professional (for example: billing clerks or assistants, etc.) to help them practice or improve their skills.
Cooperating with outside organizations that assess the quality of the care we and other provide. These organizations might include government agencies or accrediting bodies such as the Joint Commission on Accreditation of Healthcare Organizations.
Cooperating with outside organizations that evaluate, certify or license healthcare providers, staff, or facilities in a particular field or specialty
Assisting various people who review our activities. For example, PHI may be seen by doctors reviewing the services provided to you, and by accountants, lawyers, and others who assist us in complying with applicable laws.
Conducting business management and general admirative activities related to our organization and the services it provides.
Resolving grievances within our organization.
Reviewing activities and using or disclosing PHI in the event that we sell our business, property, or give control of our business or property to someone else
Complying with this notice and with applicable laws.

4. We may use and disclose PHI under other circumstances without your authorization or an opportunity to agree or object.

We may use and/or disclose PHI about you for a number of circumstances in which you do not have to consent. Give authorization, or otherwise have an opportunity to agree or object. Those circumstances include:

When the use and/or disclosure is required by law. For example, when a disclosure is required by federal, state, or local law or other judicial or administrative proceeding.
When the use and/or disclosure is necessary for public health activities. For example, we may disclose PHI about you if you have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition.
When the disclosure relates to victims of abuse, neglect, or domestic violence.
When the use and/or disclosure is for health oversight activities. For example. We may disclose PHI about you to a state or federal health oversight agency that is authorized by law to oversee our operations
When the disclosure is for judicial and administrative proceedings. For example, we may disclose PHI about you in response to an order of a court or administrative tribunal.
When the disclosure is for law enforcement purposes. For example, we may disclose PHI about you in order to comply with laws that require the reporting of certain types of wounds or other physical injuries.
When the use and/ or disclosure relates to decedents. For example, we may disclose PHI about you to a coroner or medical examiner for the purposes of identifying you should you die.
When the use and/or disclosure relates to organ, eye, or tissue donation purposes.
When the use and/or disclosures relates to a medical research. Under certain circumstances, we may disclose PHI about you for medical research.
When the use and/or disclosure is to avert a serious threat to health or safety. For example, we may disclose PHI about you to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
When the use and/or disclosure relates to specialized government functions. For example, we may disclose PHI about you if it relates to military and veterans’ activities, national security and intelligence activities, protective services for the President, and medical suitability or determinations of the Department of State.
When the use and/or disclosure relates to correctional institutions and in other law enforcement custodial situations. For example, in certain circumstances, we may disclose PHI about you to a correctional institution having lawful custody of you.

5. You can object to certain uses and disclosures.

Unless you object, we may use or disclose PHI about you in the following circumstances:

Using our best judgment, we may share with a family member, relative, friend, or other person identified by you, PHI directly related to that person’s involvement in your care or payment for your care.
We may share with a public or private agency (for example, American Red Cross) PHI about you for disaster relief purposes. Even if you object, we may still share the PHI about you, if necessary for the emergency circumstances.

If you would like to object to our use of disclosure of PHI about you in the above or other specific circumstances, please call or write our office using the contact information at the end of the notice.

6. We may contact you to provide appointment reminders.

We may use and/or disclose PHI to contact you to provide a reminder to you about an appointment you have for treatment or medical care.

7. We may contact you with information about treatment, services, products, or healthcare providers

We may use and/or disclose PHI to manage or coordinate your healthcare. This may include telling you about treatments, services, products, and/or other healthcare providers. We may also use and/or disclose PHI to give you gifts of a small value. Example: If you are diagnosed with diabetes, we may tell you about nutritional and other counseling services that may be of interest to you.

ANY OTHER USE OR DISCLOSURE OF PHI ABOUT YOU REQUIRES YOUR WRITTEN AUTHORIZATION.Under any circumstances other than those listed above, we will ask for your written authorization before we use or disclose PHI about you. If you sign a written authorization allowing us to disclose PHI about you in a specific situation, you can later cancel your authorization in writing by our office. If you cancel your authorization in writing, we will not disclose PHI about you after we receive your cancellation, except for disclosures, which were being processed before we received your cancellation.

C. You Have Several Rights Regarding PHI About You
1. You have the right to request restrictions on uses and disclosures of PHI about you.

You have the right to request how and where we contact you about PHI. For example, you may request that we contact you at your work address or phone number or by email. Your request must be in writing. We must accommodate reasonable request, but, when appropriate, may condition that accommodation on your providing us with information regarding how payment, if any, will be handled and your specification of an alternative address or other method of contact. You may request alternative communication by writing to the address listed below.

2. You have the right to request different ways to communicate with you.

3. You have the right to see and copy PHI about you.

You have the right to request to see and receive a copy of PHI contained in clinical, billing, and other records used to make decisions about you. You request must be in writing. We may charge you related fees. Instead of providing you with a full copy of the PHI, we may give you a summary or explanation of the PHI about you, if you agree in advance to the form and cost of the summary or explanation. There are certain situations in which we are not required to comply with your request. Under these circumstances, we will respond to you in writing, stating why we will not grant your request and describing any rights you may have to request a review of our denial. You may request to see and receive a copy of PHI by requesting this in writing at the address listed below.

4. You have the right to request amendment of PHI about you

You have the right to request that we make amendments to clinical, billing, and other records used to make decisions about you. Your request must be in writing and must explain your reason(s) for the amendment. We may deny your request if: 1) The information was not created by us (unless you prove the creator of the information is no longer available to amend the record. 2) The information is not part of the records used to make decisions about you. 3) We believe that information is correct and complete. 4) You would not have the right to see and copy the record as described in paragraph 3 above. We will tell you in writing the reasons for the denial and describe your rights to give us a written statement disagreeing with the denial. If we accept you request to amend the information, we will make reasonable efforts to inform others of the amendment, including persons you name who have received PHI about you and who need the amendment. You may request an amendment of PHI by writing to the address listed below.

5. You have the right to a listing of disclosure we have made

If you ask us in writing, you have the right to receive a written list of our disclosures of PHI about you. You may ask for disclosures made up to six (6) years before you request (not including disclosures made prior to April 14, 2003). We are required to provide a listing of all disclosures except the following:

For your treatment
For billing and collection of payment for your treatment
For healthcare operations
Made to or requested by you, or that you authorized
Occurring as a byproduct of permitted uses and disclosures
Made to individuals involved in your care, for directory or notification purposes, or for other purposes described in subsection B.5 above
Allowed by law when the use and/or disclosure relates to certain specialized government functions or relates to correctional institutions and in other law enforcement custodial situations (please see subsection B.4 above)
As part of a limited set of information which does not contain certain information which would identify you

The list will include date of the disclosure, the name (and address, if available) of the person or organization receiving the information, a brief description of the information disclosed, and the purpose of the disclosure. If, under permitted circumstance, PHI about you has been disclosed for certain types of research projects, the list may include different types of information.

If your request a list of disclosures more than once in 12 months, we can charge you a reasonable fee. You may request a listing of disclosures by writing to the address listed below.

6. You have the right to a copy of this notice.

You have the right to request a paper copy of this notice at any time by contacting our office. We will provide a copy of this notice no later than the date you first receive service from us (except for emergency services, and then we will provide the notice to you as soon as possible).

C. You May File a Complaint About Our Privacy Practices

If you think we have violated your privacy rights, or you want to complain to us about our privacy practices, please contact us in the following manner:

Lee Family Practice Associates
4 Oaktree Street
Friendswood, TX 77546
Phone: (281) 482-5551
Fax: (281) 482-0995
You may also send a written complaint to the United States Secretary of the Department of Health and Human Services. If you file a complaint, we will not take any action against you or change our treatment of you in any way.

D. Effective Date of This Notice

This notice of Privacy Practices is effective on April 14, 2003.

Additional copies available upon request.