HIPAA Policy

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The Dermatology and Skin Cancer Center, PA
Notice of Health Information Practices (January, 2005)

THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU MAY OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Understanding Your Medical Record/Information

Each time you visit a hospital, physician, or other healthcare provider, a record of your visit is made. Typically, this record contains your symptoms, examination and test results, diagnoses, treatment, and a plan for future care or treatment. This information, often referred to as your "medical record", serves as a:

• basis for planning your care and treatment
• means of communication among the health professionals who contribute to your care
• legal document describing the care you received
• means by which you or a third party payer can verify that services billed were actually provided
• a tool in educating heath professionals;
• a source of data for medical research;
• a source of information for public health officials charged with improving the health of the nation;
• a source of data for marketing and
• a tool for assessing and continually working to improve care and outcomes.

• ensure its accuracy
• better understand who, what, when, where and why others may access your health information
• make more informed decisions when authorizing disclosure to others.

Your Health Information Rights:

Although your medical record is the physical property of the healthcare practitioner that compiled it, the information in it belongs to you. You have the right to:

• request a restriction on certain uses and disclosures of your information as provided by 45 CFR 164.522
• obtain a paper copy of this Notice of Health Information Practices upon request
• inspect and receive a copy of your medical record as provided for in 45 CFR 164.524
• amend your medical record as provided in 45 CFR 164.528
• obtain an accounting of disclosures of your health information as provided in 45 CFR 164.528
• request communications of your health information by alternative means or locations vrevoke your authorization to use or disclose health information except to the extent that action has already been taken.

Our Responsibilities:

We are required to, and will:

• maintain the privacy of your health information
• provide you with a notice as to our legal duties and privacy practices with respect to information we collect and maintain about you
• abide by the terms of this notice
• notify you if we are unable to agree to a requested restriction
• accommodate reasonable requests you may have to communicate health information by alternative means or at alternative locations.

We reserve the right to change our practices, and make the new provisions effective for all protected health information we maintain. Should our information practices change, we will prominently post the revised notice in our reception area. We will not use or disclose your health information without your authorization, except as described in this notice.

Examples of Disclosures for Treatment, Payment and Health Operations

We may use or disclose your health information for treatment, payment and health operations without your authorization.

We will use your health information for treatment. For example: Information obtained by a nurse, physician or other member of your healthcare team will be recorded in your medical record and used to determine the course of treatment that should work best for you. Your physician will document in your record your proposed plan of treatment. Actions taken and observations will also be recorded. We will also provide your referring physician, PCP, or a subsequent healthcare provider(s), with copies of our consultation and treatment notes, and/or various reports received in this office, that may assist in further treatment.

We will use your health information for billing/payment. For example: A bill may be sent to you or a third party payer. The information on or accompanying the bill will include information that identifies you, your diagnosis and services provided.

We will use your health information for regular health operations. For example: Our staff may use information in your medical record to assess the care and outcomes in your case, to continually improve care, service and outcomes.

Other Uses or Disclosures

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

Required By Law: 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 limited to the relevant requirements of the law. You will be notified, as required by law, of any such uses or disclosures.

Public Health: for public health activities and purposes to a public health authority that is permitted by law to receive the information. The disclosure will be made for the purpose of controlling disease.

Communicable Diseases: if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease.

Health Oversight: to a health oversight agency for activities authorized by law, such as audits and inspections.

Abuse or Neglect: to a public health authority that is authorized by law to receive reports of child abuse or neglect, or 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: 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: 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: for law enforcement purposes, including (1) legal processes and when 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 or may have occurred on our premises.

Coroners, Funeral Directors, and Organ Donation: 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, or 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 also be used and disclosed for organ, eye or tissue donation purposes.

Criminal Activity: 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, or if 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 protected health information 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 of your eligibility for benefits, or (3) to foreign military authority if you are a member of that foreign military services. We may also disclose your protected health information to authorized federal officials for conducting national security and intelligence activities including for the provision of protective services to the President or others legally authorized.

Workers' Compensation: to comply with workers' compensation laws and other similar legally established programs.

Inmates: 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: 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.

Business Associates: when necessary to assist our business associates, i.e., our practice's attorney, accountant or business consultant, in performing the services we've engaged them to do. So your health information is protected, however, business associates must also appropriately safeguard your information.

Notification: We may disclose information to notify, or assist in notifying, a family member, personal representative, or another person responsible for your care, of your location and general condition.

Communication with Family: We may, using our best judgment, disclose to a family member, other relative, close personal friend or any other person you identify, health information relevant to that person's involvement in your care, or payment related to your care.

Other uses and disclosures of your protected health information (i.e., for marketing, fundraising or medical research activities) will be made only with your written authorization (on a separate form, outlining the intended use of the protected health information), 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 action has already been taken.

For More Information or to Report a Problem

If have questions and would like additional information, you may contact our Practice Administrator at 919/782-2152, who serves as our HIPAA Compliance Officer.

If you believe your privacy rights have been violated, you can file a complaint with our Practice Administrator, or with the DHS' Secretary of Health and Human Services. There will be no retaliation against you for filing a complaint.