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As required by
law, this notice provides you with information about your rights and
our legal duties and privacy practices with respect to the privacy
of protected health information. This notice also discusses the uses
and disclosures we will make of your protected health information.
We must comply with the provisions of this notice, although we reserve
the right to change the terms of this notice from time to time and
to make the revised notice effective for all protected health information
we maintain. You can always request a copy of our most current privacy
notice from our office or you can access it on our website at
PERMITTED USES AND DISCLOSURES
Once you give your written consent, we
can use or disclose your protected health information for purposes
of treatment, payment and health care operations. If you refuse
to consent, we do not have to provide you with non-emergency care.
Treatment means the provision, coordination or management
of your health care, including consultations between health care
providers regarding your care and referrals for health care from
one health care provider to another. 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. Therefore, the doctor may
review your medical records to assess whether you have potentially
complicating conditions like diabetes.
Payment means activities we undertake to obtain reimbursement
for the health care provided to you, including determinations of
eligibility and coverage and other utilization review activities.
For example, prior to providing health care services, we may need
to provide to your HMO information about your medical condition
to determine whether the proposed course of treatment will be covered.
When we subsequently bill the HMO for the services rendered to you,
we can provide the HMO with information regarding your care if necessary
to obtain payment.
Health care operations means the support functions
of our practice related to treatment and payment, such as quality
assurance activities, case management, receiving and responding
to patient complaints, physician reviews, compliance programs, audits,
business planning, development, management and administrative activities.
For example, we may use your medical information to evaluate the
performance of our staff in caring for you. We may also combine
medical information about many patients to decide what additional
services we should offer, what services are not needed, and whether
certain new treatments are effective.
EXCEPTIONS
Even without your written consent or authorization,
we can use or disclose protected health information for purposes
of treatment, payment and health care operations if:
- We have an indirect treatment relationship with
you, that is, we provide health care to you based on the orders
of another health care provider.
- You are a prison inmate at the time we created
or received the protected health information;
- You need emergency care and are incapable of giving
consent, provided that we attempt to obtain your consent as soon
as reasonably possible after the delivery of emergency treatment;
- We are required by law to treat you, and our attempts
to obtain your consent are unsuccessful; or
- We attempt to obtain your consent but cannot do
so due to substantial barriers to communicating with you, and
we determine that your consent to receive treatment is clearly
inferred from the circumstances.
OTHER USES AND DISCLOSURES
We may contact you to provide appointment
reminders or information about treatment alternatives or other health
related benefits and services that may be of interest to you.
We may disclose your protected health information
to your family or friends or any other individual identified by
you when they are involved in your care or the payment for your
care. We will only disclose the protected health information directly
relevant to their involvement in your care or payment. We may also
use or disclose your protected health information to notify, or
assist in the notification of, a family member, a personal representative,
or another person responsible for your care of your location, general
condition or death. If you are available, we will give you an opportunity
to object to these disclosures, and we will not make these disclosures
if you object. If you are not available, we will determine whether
a disclosure to your family or friends is in your best interest,
and we will disclose only the protected health information that
is directly relevant to their involvement in your care. When permitted
by law, we may coordinate our uses and disclosures of protected
health information with public or private entities authorized by
law or by charter to assist in disaster relief efforts.
We will allow your family and friends to act on your
behalf to pick up filled prescriptions, medical supplies, X-rays,
and similar forms of protected health information, when we determine,
in our professional judgment that it is in your best interest to
make such disclosures.
We may contact you as part of our marketing efforts
as permitted by applicable law.
Except for the special situations set forth below,
we will not use or disclose your protected health information for
any other purpose unless you provide written authorization. You
have the right to revoke that authorization at any time, provided
that the revocation is in writing, except to the extent that we
already have taken action in reliance on your authorization.
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.
Worker's Compensation:
We may release medical information about you for programs that 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 product, recalls, repairs
of replacements;
- 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 federal or state agencies
that oversee our activities. These activities are necessary for
the government to monitor the health care system, government programs,
and compliance with civil rights laws. We may disclose protected
health information to persons under the Food and Drug Administration's
jurisdiction to track products or to conduct post-marketing surveillance.
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 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 on our premises; 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 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,
or 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.
Inmates: If you are
an inmate of a correctional institution or under the custody of
a law enforcement official, we may release medical information about
you to the correctional institution or law enforcement official.
This release would be necessary (1) for the institution to provide
you with health care; (2) to protect your health and safety or the
health and safety of others; or (3) for the safety and security
of the correctional institution.
Serious Threats. As permitted by applicable law and
standards of ethical conduct, we may use and disclose protected
health information if we, in good faith, believe that the use or
disclosure is necessary to prevent or lesson a serious and imminent
threat to the health or safety of a person or the public.
YOUR RIGHTS
- You have the right to request restrictions on our
uses and disclosures of protected health information for treatment,
payment and health care operations. However, we are not required
to agree to your request.
- You have the right to reasonably request to receive
communications of protected health information by alternative
means or at alternative locations,
- Subject to payment of a reasonable copying
charge, you have the right to inspect and copy the protected health
information contained in your medical and billing records and
in any other records used by us to make decisions about you, except
for:
(i) psychotherapy
notes, which are notes recorded by a mental health professional
documenting or analyzing the contents of conversation during
a private counseling session or a group, joint or family counseling
session and that have been separated from the rest of your
medical record;
(ii) information
compiled in reasonable anticipation of, or for use in, a civil,
criminal, or administrative action or proceeding;
(iii) protected
health information involving laboratory tests when your access
is required by law;
(iv) if you are
a prison inmate and obtaining such information would jeopardize
your health, safety, security, custody, or rehabilitation
or that of other inmates, or the safety of any officer, employee,
or other person at the correctional institution or person
responsible for transporting you;
(v) your protected
health information is contained in records kept by a federal
agency or contractor when your access is required by law;
and
(vi) if the protected
health information was obtained from someone other than us
under a promise of confidentiality and the access requested
would be reasonably likely to reveal the source of the information.
We may also deny a request for access to protected
health information if:
- A licensed health care professional has determined,
in the exercise of professional judgment, that the access requested
is reasonably likely to endanger your life or physical safety
or that of another person;
- The protected health information makes reference
to another person (unless such other person is a health care provider)
and a licensed health care professional has determined, in the
exercise of professional judgment, that the access requested is
reasonably likely to cause substantial harm to such other person;
or
- The request for access is made by the individual's
personal representative and a licensed health care professional
has determined, in the exercise of professional judgment, that
the provision of access to such personal representative is reasonably
likely to cause substantial harm to you or another person.
If we deny a request for access for any of the
three reasons described above, then you have the right to have our
denial reviewed in accordance with the requirements of applicable
law.
4. You have the right to request
a correction to your protected health information, but we may deny
your request for correction,
if we determine that the protected health information or record
that is the subject of the request:
(i) was not
created by us, unless you provide a reasonable basis to believe
that the originator of protected health information is no longer
available to act on the requested amendment;
(ii) is not part
of your medical or billing records;
(iii) is not available
for inspection as set forth above; or
(iv) is accurate
and complete.
In any event, any agreed upon correction will
be included as an addition to, and not a replacement of, already
existing records,
5. You have the right to receive,
an accounting of disclosures of protected health information made
by us to individuals or entities
other than to you, except for disclosures:
(i) to carry out
treatment, payment and health care operations as provided above;
(ii) to persons
involved in your care or for other notification purposes as
provided by law:
(iii) for national
security or intelligence purposes as provided by law;
(v) to correctional
institutions or law enforcement officials as provided by law;
or
(vi) that occurred
prior to April 14, 2003.
6. You have the right to request
and receive a paper copy of this notice from us.
COMPLAINTS
If you believe that your privacy rights
have been violated, you should immediately contact Troy Burke, Quality
Assurance Manager (978) 741-1770. We will not take action against
you for filing a complaint. You also may file a complaint with the
Secretary of Health and Human Services.
CONTACT PERSON
If you have any questions or would like
further information about this notice, please contact Troy Burke,
Quality Assurance Manager (978) 741-1770
This notice is effective as of October 16th,
2002.
Site Privacy Policy:
Hutchinson Medical, Inc. is committed to protecting
your privacy. Therefore we:
- do not to collect your personal information without
your knowledge and consent
- protect the privacy of any personal information
you choose to provide to us
- will only use provided information for internal
purposes and with your treating physician and/or insurance plans,
unless we first notify you or are required to by law
- will notify you of our policies and procedures
regarding your personal information with updates to this section
of the website
Terms of Service
We may alter, suspend, or discontinue this web
site in whole or in part, at any time and for any reason, without
notice or cost. The web site may periodically become unavailable
due to maintenance or malfunction of computer equipment or for other
reasons.
The information on this web site is believed to be
complete and reliable; however, the information may contain typographical
errors, other inadvertent errors or inaccuracies. We reserve the
right to make changes to prices, document names and content, product
descriptions or specifications, or other information without obligation
to issue any notice.
We make no representation that information on this
web site is appropriate or available for use outside the United
States. Those who choose to access this web site from outside the
United States do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws
are applicable.
No part of this web site may be reproduced or transmitted
in any form, by any means, electronic or mechanical, including photocopying
and recording, except when we authorize you to view, copy, download,
and print posted documents (such as papers, forms, catalogs, and
manuals) that are available on this web site, subject to the following
conditions:
- The documents may be used solely for internal
informational purposes.
- The documents may not be modified.
- Copyright, trademark, and other proprietary notice
may not be removed.
By using this web site, you agree to indemnify, hold
harmless and defend us from any claims, damages, losses, liabilities,
and all costs and expenses of defense, including but not limited
to, attorneys' fees, resulting directly or indirectly from a claim
by a third party that arises in connection with your use of this
web site.
Unless otherwise noted, all text and images contained
on this web site are the property of Hutchinson Medical, Inc. and/or
its affiliates, subsidiaries, or licensors, and are protected from
unauthorized copying and dissemination by United States copyright
law, trademark law, international conventions and other intellectual
property laws. Any other product names are trademarks or registered
trademarks of their respective owners.
Our site contains links to third party links, if you
leave Hutchinsonmedical.com by linking to a third party link, you
will be subject to such third party's privacy policies and procedures
and this Privacy Statement will no longer apply. Hutchinson Medical.
Inc is not responsible for the content of third party links or the
use, collection or dissemination of information on such third party
links.
If any part of these Terms of Use is held to
be unlawful, void, or unenforceable, that part will be deemed severable
and shall not affect the validity and enforceability of the rest.
These Terms of Use constitute the entire agreement between the parties
relating to the subject matter herein. We may, at our sole discretion
and without notice, revise these terms at any time by updating this
posting.
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