 |
 |
 |
 |
 |
 |
 |
HIPAA
Confidentiality Policy
This website subscribes to the guidelines of confidentiality adopted by American Medical Association and the American Psychological Association known as the Health Insurance Portability and Accountability Act (HIPAA). This is federal law that provides new privacy protections and new patient rights with regards to the use and disclosure of Protected Health Information (PHI) used for the purpose of treatment, payment and health care operations.
Even though this website is designed only for information and education purposes and not for offering treatment, diagnosis or advice, any personal information disclosed by a visitor will be held as confidential and will not be disclosed to anyone without the express written permission of the visitor. Any personal information given by electronic means will be saved in electronic form for 180 days and then discarded. Efforts will be made to encrypt or code all electronic information to further secure and make safe visitor information.
Visitors who provide questionnaire or other information are not patients of Pacifica Pain Management Services, Inc.
CALIFORNIA NOTICE FORM
Notice of Policies and Practices to Protect the Privacy of Your Health Information
I. Disclosures for Treatment, Payment, and Health Care Operations
I may use or disclose your confidential PHI for certain treatment, payment, and health care operations purposes without your authorization. In certain circumstances I can only do so when the person or business requesting your PHI gives me a written request that includes certain promises regarding protecting the confidentiality of your PHI. To help clarify these terms, her are some definitions:
- "PHI" refers to information in your health record that could identify you.
- "Treatment and Payment Operations"
Treatment is when I provide or another healthcare provider diagnoses or treats you. An example of treatment would be when I consult with another health care provider, such as your family physician regarding your treatment.
Payment is when I obtain reimbursement for your healthcare. Examples of payment are when I disclose your PHI to your health insurer to obtain reimbursement for your healthcare or to determine eligibility or coverage.
Health Care Operations is when I disclose your PHI to your health care service plan (insurer), or to your other providers contracting with your plan, for administering the plan, such as case management and care coordination.
- "Use" applies only to activities within my clinic such as sharing, employing, applying, utilizing, examining, and analyzing information that identifies you.
- "Disclosure" applies to activities outside of my clinic, such as releasing, transferring, or providing access to information about you to other parties.
- "Authorization" means written permission for specific uses or disclosures.
II. Uses and Disclosures Requiring Authorization
I may use or disclose PHI for purposes outside of treatment, payment, and health care operations when your appropriate authorization is obtained. In those instances when I am asked for information for purposes outside of treatment and payment operations, I will obtain authorization from you before releasing this information. I will also need to obtain an authorization before releasing your psychotherapy notes. "Psychotherapy Notes" are notes I have made about our conversation during a private, group, joint, or family counseling session, which I have dept separate from the rest of your medical record. These notes are given a greater degree of protection than PHI.
You may revoke or modify all such authorization (PHI or psychotherapy notes) at any time; however, the revocation or modification is not effective until I receive it.
III. Uses and Disclosures with Neither Consent nor Authorization
I may use or disclose PHI without your consent or authorization in the following circumstances:
- Child Abuse: Whenever I, in my professional capacity, have knowledge of or observe a child I know
or reasonably suspect, has been the victim of child abuse or neglect, I must immediately report
such to a police department or sheriffs department, county probation department, or county
welfare department. Also, if I have knowledge of or reasonably suspect mental suffering has
inflicted upon a child or that his or her emotional well-being is endangered in any other way
I may report such to the above agencies.
- Adult and domestic Abuse: If I, in my professional capacity, have observed or have knowledge of an incident that reasonably appears to be physical
abuse, abandonment, abduction, isolation, financial abuse or neglect of an elder or dependent adult, or if I am told b an elder or dependent adult that
he or she has experienced these or if I reasonably suspect such, I must report the known or suspected abused immediately to the local ombudsman or the
local law enforcement agency.
I do not have to report such an incident if :
- I have been told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, abduction, isolation, financial abuse or neglect;
- I am not aware of any independent evidence that corroborates the statement that the abuse has occurred.
- the elder or dependent adult ahs bee diagnosed with a mental illness or dementia, or is the subject of a court-ordered conservatorship because of a mental illness or dementia; and
- in the exercise of clinical judgment, I reasonably believe that the abuse did not occur.
- Health Oversight: If a complaint is filed against me with the California Medical or Psychological Board, the Board has the authority to subpoena confidential medical and mental health information from me relevant to that complaint.
- Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made about the professional services that I have
provided you, I must not release your information without 1) your written authorization or the authorization of your attorney or professional representative; 2) a court order; or 3) a subpoena duces tecum ( a subpoena to
produce records) where the party seeking your records provides me with a showing that you or
your attorney have been served wit a copy of the subpoena, affidavit and the appropriate notice
and you have not notified me that you are bringing a motion in the court to quash (block) or modify the subpoena. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court-ordered. I will inform you in advance if this is the case.
- Serious Threat to Health or Safety: If you communicate to me a serious threat of physical violence
against an identifiably victim, I must make reasonable efforts to communicate that information to the potential victim and the police.
If I have reasonable cause t believe that you are in such a condition, a to be dangerous t yourself or others, I may release relevant
information as necessary to prevent the threatened danger.
- Worker's Compensation: If you file a worker's compensation claim I must furnish a report to your
employer, incorporating my findings about your injury and treatment, within five working days from the date of your initial examination and at
subsequent intervals as may be required by the administrative director of the Worker's Compensation Commission in order to determine your
eligibility for worker's compensation benefits.
IV. Patient's Rights and Psychologist's Duties
Patients's Rights:
- Right to request restrictions - You have the right to request restrictions on certain uses and disclosures of PHI about you. However, I am not required to agree to a restriction you request.
- Right to receive confidential communications by alternative means and at alternative locations - You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations (for example, you may not want a family member to know that you are seeing me. Upon request, I will send your bills to another address).
- Right to inspect and copy - You have the right to obtain a copy (or both) of PHI in my mental and medical health and billing records used to make decisions about you for as long as the PHI is maintained in the record. I may deny your access to PHI under certain circumstances, but in some cases you may have this decision reviewed. On your request, I will discuss with you the details of the request and denial process.
- Right to amend - You have the right to request an amendment of PHI for as long as the PHI is maintained in the record. I may deny your request. On your request, I will discuss with you the details of the amendment process.
- Right to an accounting - You generally have the right to receive an accounting of disclosures of PHI for which you have neither provided consent nor authorization . On your request, I will discuss with you the details of the accounting process.
- Right to a paper copy - You have the right to obtain paper copy of the notice from me upon request, even if you have agreed to receive the notice electronically.
Psychologist's Duties:
I am required by law to maintain the privacy of PHI and to provide you with a notice of my legal duties and privacy practices with respect to PHI. I reserve the right to change the privacy policies and practices described in this notice. Unless I notify of such changes, however, I am required to abide by the terms currently in effect. If I revise my policies and procedures I will notify you by U.S. mail.
V. Questions and Complaints
If you have questions about this notice, disagree with a decision we make about access to your records, or have other concerns about your privacy rights, you may contact Pacifica Pain Management Services, Inc. at (707) 963-1493 or electronically at Pacificapain.com.
If you believe that your privacy rights have been violated and wish to file a complaint with my office, you may send your written complaint to Gary Mills, Ph.D., P.O. Box 399, Deer Park, CA 94576
You may also send a written complaint to the Secretary of the U.S. Department of Health and Human Services. The person listed above can provide you with the appropriate address upon request.
You have specific rights under the Privacy Rule. I will not retaliate against you for exercising your right to file a complaint.
VI. Effective Date, Restrictions, and Changes to Privacy Policy
This notice will go into effect on April 14, 2003.
|
|
|
 |
 |
|
 |
 |