Pediatric Surgeons of Phoenix
Notice of Privacy Practices for Protected Health Information
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOUR CHILD MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.This office is required by a federal regulation, known as the HIPAA Privacy Rule, to maintain the privacy of your child’s health information and to provide you with notice of its legal duties and privacy practices. This office will not use or disclose your child’s health information except as described in this Notice.
The office is permitted by federal privacy laws to make uses and disclosures of your child’s health information for purposes of treatment, payment, and health care operations. Protected health information is the information we create and obtain in providing our services to your child. The health information about your child is documented in a medical record and on a computer. Such information may include documenting symptoms, medical history, examination and test results, diagnoses, treatment, and applying for future care or treatment. It also includes billing documents for those services.
Examples of Uses of your child’s Health information for Treatment Purposes are:
1. A nurse or medical assistant obtains treatment information about your child and records it in a health record.
2. During the course of your child’s treatment, the physician determines he/she will need to consult with another specialist in the area. He/she will share the information with such specialist and obtain his/her input.
Example of Use of your child’s Health Information for Payment Purposes:
We submit requests for payment to your health insurance company. The health insurance company (or other business associate helping us obtain payment) requests health information from us regarding medical care given. We will provide information to them about your child and the care given, which may include copies or excerpts of your child’s medical record which are necessary for payment of your account. For example, a bill sent to your health insurance company will include information that identifies your child’s diagnosis, and the procedures and supplies used.
Example of Use of Your Child’s Health Information for Health Care Operations:
We obtain services from our insurers or other business associates (an individual or entity under contract with us to perform or assist us in a function or activity that necessitates the use or disclosure of health information) such as quality assessment, quality improvement, outcome evaluation, protocol and clinical guidelines development, training programs, credentialing, medical transcription, medical review, legal services, and insurance. We will share health information about your child with our insurers or other business associates as necessary to obtain these services. We require our insurers and other business associates to protect the confidentiality of your child’s health information.
Your Child’s Health Information Rights
The health and billing records we maintain are the physical property of the doctor’s office. The information in it, however, belongs to you. You have a right to:
1. Request a restriction on certain uses and disclosures of your child’s health information by delivering the request in writing to our office—we are not required to grant the request but we will comply with any request granted;
2. Request not to disclose certain PHI to a health plan if the information solely concerns a health care item or service that you have paid for in full out-of-pocket (i.e. you pay in full for a service upon delivery of that service and request that your child’s physician not submit the bill to your child’s commercial health plan);
3. Obtain a paper copy of the Notice of Privacy Practices for Protected Health Information by making a request at our office;
4. Request that you be allowed to inspect and review your child’s medical record and billing record. You may exercise this right by delivering the request in writing to our office using the form we provide to you upon request;
5. Appeal a denial of access to your child’s protected health information except in certain circumstances;
6. Request that your child’s medical record be amended to correct incomplete or incorrect information by delivering a written request, including a reason to support it, to our office using the form we provide to you upon request. (We are not required to make such amendments);
7. File a statement of disagreement if your amendment is denied, and require that the request for amendment and any denial be attached in all future disclosures of your child’s protected health information;
8. Obtain an accounting of disclosures of your child’s health information as required to be maintained by law by delivering a written request to our office using the form we provide to you upon request. An accounting will not include uses and disclosures of information for treatment, payment, or health care operations; disclosures or uses made to you or made at your request; uses or disclosures made pursuant to an authorization signed by you; or to family members or friends or uses relevant to that person’s involvement in your child’s care or in payment for such care; or uses or disclosures to notify family or others responsible for your child’s care of your child’s location, condition, or death; we may charge a cost-based fee for more than one accounting in a 12-month period.
9. Request that confidential communication of your child’s health information be made by alternative means or at an alternative location by delivering the request in writing to our office using the form we provide to you upon request; and,
10. Revoke authorizations that you made previously to use or disclose information except to the extent information or action has already been taken by delivering a written revocation to our office.
If you want to exercise any of the above rights, please contact our Privacy Officer, Kathleen O’Brien, Practice Administrator, 1920 E Cambridge Ave., Phoenix, AZ 85006 (602) 254-5561 in person or in writing, during normal business hours. The Privacy Officer will provide you with assistance on the steps to take to exercise your rights.
You have the right to review this Notice before signing the acknowledgment authorizing use and disclosure of your child’s protected health information for treatment, payment, and health care operations purposes.
The office is required to:
1. Maintain the privacy of your child’s health information as required by law;
2. Provide you with a notice as to our duties and privacy practices as to the information we collect and maintain about your child;
3. Abide by the terms of this Notice;
4. Notify you if we cannot accommodate a requested restriction or request; and
5. Accommodate your reasonable requests regarding methods to communicate health information with you.
We reserve the right to amend, change, or eliminate provisions in our privacy practices and access practices and to enact new provisions regarding the protected health information we maintain. If our information practices change, we will amend our Notice. You are entitled to receive a revised copy of the Notice by calling and requesting a copy of our “Notice” or by visiting our office and picking up a copy.
To Request Information or File a Complaint
If you have questions, would like additional information, want to report a problem regarding the handling of your child’s information, of if you believe your child’s privacy rights have been violated and wish to file a written complaint with our office, please contact Kathleen O’Brien, Practice Administrator at (602) 254-5561.You may also file a complaint by mailing it or e-mailing it to the Secretary of Health and Human Services.
1. We cannot, and will not, require you to waive your rights under the Privacy Rule including the right to file a complaint with the Secretary of Health and Human Services (HHS) as a condition of receiving treatment from the office.
2. We cannot, and will not, retaliate against you for filing a complaint with the Secretary of Health and Human Services.
Other Disclosures and Uses We Can Make Without Your Written Authorization
Communication with Family/Friends
Using our best judgment, we may 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 child’s care or in payment for such care if you do not object or in an emergency.
We may use and disclose your health information to assist in disaster relief efforts.
We may disclose your health information to funeral directors, medical examiners, or coroners consistent with applicable law to allow them to carry out their duties.
Organ Procurement Organizations
Consistent with applicable law, we may disclose your health information to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of organs for the purpose of tissue donation and transplant.
Appointment Reminders, Marketing and Treatment Alternatives
We may contact you to provide you with appointment reminders, with information about treatment alternatives, or with information about other health-related benefits and services that may be of interest to you. We may also encourage you to purchase a product or service when we see you. We will not disclose your health information without your written authorization.
Any limitation that I might require for the use of protected health information is to be listed on the acknowledgement form.
Food and Drug Administration (FDA)
We may disclose to the FDA your child’s health information relating to adverse events with respect to food, supplements, products and product defects, or post-marketing surveillance information to enable product recalls, repairs, or replacements.
1. As required by law, we may disclose your child’s health information to public health or legal authorities charged with preventing or controlling disease, injury, or disability; to report reactions to medications or problems with products; to notify you of recalls; to notify a person who may have been exposed to a disease or who is at risk for contracting or spreading a disease or condition.
2. We may disclose your child’s health information to public authorities as allowed by law to report abuse, neglect, or domestic violence.
We may use and disclose your child’s health information by having you sign in when you arrive at our office. We may also call out your child’s name when we are ready to see him/her.
We may disclose your child’s health information for law enforcement purposes as required by law, such as when required by a court order; for identification of a victim of a crime if certain protective requirements are met; to report a crime on our premises; to report crime in emergencies; and other appropriate situations permitted by law.
We may disclose your child’s health information to appropriate health oversight agencies or for health oversight activities.
We may disclose your child’s health information in the course of any judicial or administrative proceeding as allowed or required by law or as directed by a proper court order or in response to a subpoena, with your authorization, discovery request or other lawful process if certain specific requirements are met.
To avert a serious threat to health or safety, we may disclose your child’s health information consistent with applicable law to prevent or lessen a serious, imminent threat to the health or safety of a person or the public.
For Specialized Governmental Functions
We may disclose your child’s health information for specialized government functions as authorized by law such as to public assistance program personnel.
Other uses and disclosures of your child’s health information besides those identified in this Notice will be made only as otherwise authorized by law or with your written authorization and you may revoke the authorization as previously provided in this Notice.
Sale of your child’s health information will require specific written authorization from you.
If we maintain a website that provides communication links, that Notice will be on the website.
We may disclose your child’s health information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your protected health information.
Original Effective Date: April 14, 2003
Revised Effective Date: April 14. 2010