Marietta OB-GYN Affiliates. P.A.
Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU (AS A PATIENT OF THIS PRACTICE) MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY!
A. OUR COMMITMENT TO YOUR PRIVACY:
Our practice is dedicated to maintaining the privacy of your individually identifiable health information (IIHI). In conducting our business, we will create records regarding you and the treatment and services we provide to you. We are required by law to maintain the confidentiality of health information which identifies you. We are also required by law to provide you with this notice of our legal duties and the privacy practices which we maintain in our practice concerning your IIHI. By federal and state law, we must follow the terms of the notice of privacy practices which we have in effect at the time.
We realize these laws are complicated, however, we must provide you with the following important information:
- How we may use and disclose your IIHI.
- Your privacy rights in your IIHI.
- Our obligations concerning the use and disclosure of your IIHI.
The terms of this notice apply to all records containing your IIHI which are created or retained by our practice. We reserve the right to revise or amend this Notice of Privacy Practices. Any revision or amendment to this notice will be effective for all of your records which our practice has created or maintained in the past, and for any of your records which we may create or maintain in the future. Our practice will post a copy of our current Notice in our offices in a visible location at all times, and you may request a copy of your most current Notice at any time.
B. IF YOU HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT:
Marilyn Smolinski or Gregg A. Bauer, MD at
699 Church Street, Suite 220
Marietta, Georgia 30060
C. WE MAY USE AND DISCLOSE YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION (IIHI) IN THE FOLLOWING WAYS:
The following categories describe the different ways in which we may use and disclose your IIHI.
- Treatment. Our practice may use your IIHI to treat you. For example, we may ask you to have laboratory tests (such as blood or urine tests), and we may use the results to help us reach a diagnosis. We might use your IIHI in order to write a prescription for you or we may disclose your IIHI to a pharmacy when we order a prescription for you. Many of the people who work for our practice, including but not limited to our doctors and nurses, may use or disclose your IIHI in order to treat you or assist others in treating you. Additionally, we may disclose your IIHI to others who may assist in your care, such as your spouse, children or parents.
- Payment. Our practice may use and disclose your IIHI in order to bill and collect payment for the services and items you may receive from us. For example, we may contact your health insurer to certify you are eligible for benefits (and for what range of benefits), and we may provide your insurer with details regarding your treatment to determine if your insurer will cover or pay for your treatment. We may also use and disclose your IIHI to obtain payment from third parties which may be responsible for such costs, such as family members. Also, we may use your IIHI to directly bill you for services and items.
- Health Care Operations. Our practice may use and disclose your IIHI to operate our business. As examples of the ways in which we may use and disclose your information for our operations, our practice may use your IIHI to evaluate the quality of care you received from us or to conduct cost-management and business planning activities for our practice.
- Appointment Reminders. Our practice may use and disclose your IIHI to contact you and remind you of an appointment.
- Treatment Options. Our practice may use and disclose your IIHI to inform you of potential treatment options or alternatives.
- Health-Related Benefits and Services. Our practice may use and disclose your IIHI to inform you of health-related benefits or services which may be of interest to you.
- Release of Information to Family/Friends. Our practice may release your IIHI to a friend or family member who is involved in your care, or who assists in taking care of you. For example, a patient may bring in a translator to translate for the patient and health care provider or if a family member or friend brings in a minor for office treatment. In these examples, the translator or family/friend may have access to the patient’s medical information.
- Disclosures Required by Law.Our practice will use and disclose your IIHI when we are required to do so by federal, state or local law.
D. USE AND DISCLOSURE OF YOUR IIHI IN CERTAIN SPECIAL CIRCUMSTANCES
The following categories describe unique scenarios in which we may use or disclose your identifiable health information:
- Public Health Risks.Our practice may disclose your IIHI to public health authorities who are authorized by law to collect information for the purpose of:
- Maintaining vital records, such as births and deaths
- Reporting child abuse or neglect
- Preventing or controlling disease, injury or disability
- Notifying a person regarding potential exposure to a communicable disease
- Notifying a person regarding a potential risk for spreading or contracting a disease or condition
- Reporting reactions to drugs or problems with products or devices
- Notifying individuals if a product or device they may be using has been recalled
- Notifying appropriate government agency(ies) and authority(ies) regarding the potential abuse or neglect of an adult patient (including domestic violence); however, we will only disclose this information if the patient agrees or we are required or authorized by law to disclose this information
- Notifying your employer under limited circumstances related primarily to workplace injury, illness or medical surveillance.
- Health Oversight Activities. Our practice may disclose your IIHI to a health oversight agency for activities authorized by law. Oversight activities can include, for example, investigations, inspections, audits, surveys, licensure and disciplinary actions; civil, administrative and criminal procedures or actions; or other activities necessary for the government to monitor government programs, compliance with civil rights laws and the health care system in general.
- Lawsuits and Similar Proceedings.Our practice may use and disclose your IIHI in response to a court or administrative order, if you are involved in a lawsuit or similar proceeding. We may also disclose your IIHI in response to a discovery request, subpoena or other lawful process by another party involved in the dispute, but only if we have made an effort to inform you of the request or to obtain an order protecting the information the party has requested.
- Law Enforcement.We may release IIHI if asked to do so by a law enforcement official agreement:
- Concerning a death we believe has resulted from criminal conduct
- Regarding criminal conduct at our offices
- In response to a warrant, summons, court order, subpoena or similar legal process
- To identify/locate a suspect, material witness, fugitive or missing person
- In an emergency, to report a crime (including the location or victim(s) of the crime, or the description, identity or location of the perpetrator).
- Deceased Patients.Our practice may release IIHI to a medical examiner or coroner to identify a deceased individual or to identify the cause of death. If necessary, we may also release information in order for funeral directors to perform their jobs.
- Serious Threats to Health or Safety.Our practice may use and disclose your IIHI when necessary to reduce or prevent a serious threat to your health and safety or the health and safety of another individual or the public. Under these circumstances, we will only make disclosures to a person or organization able to help prevent the threat.
- Military.Our practice may disclose your IIHI if you are a member of the U.S. or foreign military forces (including veterans) and if required by the appropriate authorities.
- National Security. Our practice may disclose your IIHI to federal officials for intelligence and national security activities authorized by law. We may also disclose your IIHI to federal officials in order to protect the President, other officials or foreign heads of state or to conduct investigations.
- Inmates. Our practice may disclose your IIHI to correctional institutions or law enforcement officials if you are an inmate or under the custody of a law enforcement official. Disclosure for these purposes would be necessary:
- for the institution to provide health care services to you,
- for the safety and security of the institution, and/or
- to protect your health and safety or the health and safety of other individuals.
- Workers’ Compensation. Our practice may release your IIHI for Workers’ Compensation and similar programs.
E. YOUR RIGHTS REGARDING YOUR IIHI
You have the following rights regarding the IIHI which we maintain about you:
- Confidential Communications. You have the right to request that our practice communicate with you about your health and related issues in a particular manner or at a certain location. For instance, you may ask that we contact you at home, rather than work. In order to request a type of confidential communication, you must make a written request to Marilyn Smolinski or Gregg Bauer, M.D. specifying the requested method of contact or the location where you wish to be contacted. Our practice will accommodate reasonable requests. You do not need to give a reason for your request.
- Requesting Restrictions. You have the right to request a restriction in our use or disclosure of your IIHI for treatment, payment or health care options. Additionally, you have the right to request that we restrict your disclosure of your IIHI to only certain individuals involved in your care or the payment for your care, such as family members and friends. We are not required to agree to your request; however, if we do agree, we are bound by our agreement except when otherwise required by law, in emergencies or when the information is necessary to treat you. In order to request a restriction in our use or disclosure of your IIHI, you must make your request in writing to Marilyn Smolinski or Gregg A. Bauer, M.D. at 699 Church Street, Suite 220, Marietta, Georgia 30060. Your request must be described in a clear and concise fashion:
- the information you wish restricted;
- whether you are requesting to limit our practice’s use, disclosure or both; and
- to whom you want the limits to apply.
- Inspection and Copies. You have the right to inspect and obtain a copy of the IIHI which may be used to make decisions about you, including patient medical records and billing records, however, not including psychotherapy notes. You must submit your request in writing to Marilyn Smolinski or Gregg A. Bauer, M.D. at 699 Church Street, Suite 220, Marietta, Georgia 30060 in order to inspect and/or obtain a copy of IIHI. Our practice charges a fee for the cost of copying, mailing, labor and supplies associated with your request. Our practice may deny your request to inspect and/or copy in certain limited circumstances; however, you may request a review of our denial.
- Amendment. You may ask us to amend your health information if you believe it is incorrect or incomplete, and you may request an amendment for as long as the information is kept by or for our practice. To request an amendment, your request must be made in writing and submitted to Marilyn Smolinski or Gregg A. Bauer, M.D. at 699 Church Street, Suite 220, Marietta, Georgia 30060. You must provide us with a reason that supports your request for amendment. Our practice will deny your request if you fail to submit your request (and the reason supporting your request) in writing. Also, we may deny your request if you ask us to amend information that is in our opinion:
- accurate and complete;
- not part of the IIHI kept by or for the practice;
- not part of the IIHI which you would be permitted to inspect and copy; or
- not created by our practice, unless the individual or entity that created the information is not available to amend the information.
- Accounting of Disclosures. All of our patients have the right to request an “accounting of disclosures.” An “accounting of disclosures” is a list of certain non-routine disclosures our practice has made of your IIHI for non-treatment or operations purposes. Use of your IIHI as part of the routine patient care in our practice is not required to be documented. For example, the doctor sharing information with the nurse or the billing department using your information to file your insurance claim. In order to obtain an “accounting of disclosures”, you must submit your request in writing to Marilyn Smolinski or Gregg A. Bauer, M.D. at 699 Church Street, Suite 220, Marietta, Georgia 30060. All requests for “accounting of disclosures” must state a time period, which may not be longer than six (6) years from the date of disclosure and may not include dates before April 14th, 2003. The first list you request within a 12-month period is free of charge, however, our practice will charge you for additional lists within the same 12-month period. Our practice will notify you of the costs involved with additional requests and you may withdraw your request before you incur any costs.
- Right to a Paper Copy of This Notice. You are entitled to receive a paper copy of our notice of privacy practices. You may ask us to give you a copy of this notice at any time. To obtain a paper copy of this notice, contact Marilyn Smolinski or Gregg A. Bauer, M.D. at 699 Church Street, Suite 220, Marietta, Georgia 30060 or you may check our website at www.mariettaobgyn.com.
- Right to File a Complaint. If you believe your privacy rights have been violated, you may file a complaint with our practice or with the U.S. Secretary of the Department of Health and Human Services. To file a complaint with our practice, contact Marilyn Smolinski or Gregg A. Bauer, M.D. at 699 Church Street, Suite 220, Marietta, Georgia 30060. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
- Right to Provide an Authorization for Other Uses and Disclosures. Our practice will obtain your written authorization for uses and disclosures that are not identified by this notice or permitted by applicable law. Any authorization you provide to us regarding the use and disclosure of your IIHI may be revoked at any time in writing. After you revoke your authorization, we will no longer use or disclose your IIHI for the reasons described in the authorization. Please note, we are required to retain records of your care.
If you have any questions regarding this notice or our health information privacy policies, please contact Marilyn Smolinski or Gregg A. Bauer, M.D. at 699 Church Street, Suite 220, Marietta, Georgia 30060.