SPECTRUM
MEDICAL GROUP, P. A.
NOTICE OF
PRIVACY PRACTICES
Effective
April 14, 2003
THIS
NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED
AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
If you have any questions
about this notice, please contact our Privacy Officer as follows:
Privacy Officer
Spectrum Medical Group, P.A.
300 Professional Drive
Scarborough, ME 04074
Tel: (207) 883-5295
Fax: (207) 883-3593
The confidentiality of your health information is protected
by both State and Federal law. We are required by law to provide
you with this notice. It summarizes how we may use and disclose
your health information. And, it describes your rights to:
- Inspect and copy your health information.
- Request changes in your health information.
- Obtain a record of certain disclosures of your health information.
- Request that we communicate with you in a confidential manner.
- Request restrictions on the use and disclosure of your health
information.
Your health information includes information regarding your
past, present or future physical or mental health or condition,
the health care and services provided to you, and the past,
present or future payment for your health care.
A
copy of this notice is available on our website at www.SpectrumMedicalGroup.com.
You have a right to receive a paper copy of this notice on
request even if you received a copy by e-mail.
HOW
WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION
The ways we
will use and disclose your health information are described in
the following categories:
-
Treatment
We may use your health information to provide you with medical
treatment or services and to provide you with appointment
reminders. And, we may disclose your health information to
doctors, nurses, technicians and other persons involved in
your care. For example, your health information may be disclosed
to:
-
A
doctor treating you, or a nurse or technician who is
assisting a doctor in treating you.
-
A
hospital in which you are admitted as a patient.
- Family Members or Other Persons Involved in Your Care
We may disclose your healthcare information to a family member,
other relative, close friend or other person you identify.
Disclosures will be limited to your health information that
is relevant to their involvement in your care or payment for
your care.
If you are present, your health information will be disclosed
if:
- We obtain your agreement.
- We provide you with an opportunity to object and
you do not object.
- We reasonably assume that you do not object.
If you are not present, or you do not have an opportunity
to agree or object because of incapacity or emergency, we may
make disclosures that, in our professional judgment, are in
your best interest.
-
Funeral Director
We will disclose your health information to funeral directors
as necessary for them to provide services.
-
Public Health or Safety
We will disclose your health information when needed to
prevent a threat to your health and safety or the health
and safety of the public or another person. Also, we will
disclose your health information:
-
To
a public health authority for the purpose of preventing
or controlling disease, injury or
disability.
-
To a public authority to report vital events such as birth or death.
-
To a public or authorized governmental authority
to report child abuse or neglect.
-
To
a person under the jurisdiction of the Food and
Drug Administration (FDA) to report
defects or problems with FDA-regulated products,
to track FDA-regulated products or to
enable product recalls, repairs or replacements or to conduct
post-marketing surveillance to comply with FDA requirements.
-
To
a person who may have been exposed to a communicable
disease or may be at risk of
contracting or spreading a disease or condition if we are
authorized by law to notify such a person.
-
To
an authorized governmental authority, including
a social service or protective service
agency, when we believe you are the victim of abuse,
neglect or domestic violence and you agree to the disclosure,
or
to the extent
the disclosure is required
or authorized by law.
- Organ Transplant
If you are an organ donor, we may release your health information to organizations
that engage in the
procurement, banking or transportation of organs, eyes or tissues for transplantation
or donation.
-
Judicial
and Administrative Proceedings
We may disclose your health information:
-
To comply with a court or administrative order.
-
To comply with a subpoena, discovery request or other
lawful process that is not accompanied by
a court or administrative order if (i) we receive satisfactory
assurances that reasonable efforts have been made to
ensure that you have been given notice of the request;
or (ii) we receive satisfactory evidence that reasonable
efforts have been made to secure a qualified protective
order.
-
Healthcare Oversight
We may disclose your health information to a health
oversight agency for oversight activities authorized
by law. These actions may include audits, civil, criminal
or administrative investigations, inspections, licensure,
disciplinary actions and other activities for oversight
of our healthcare system.
-
Military Personnel
If you are a member of the armed forces, we may disclose
your health information as required by the military.
The health information of foreign military personnel
may be disclosed to their appropriate foreign military
authority, or to determine compliance with civil rights
laws.
-
National Security
We may disclose your health information to authorized
federal officials for the conduct of lawful intelligence,
counter-intelligence and other national security actions.
We may also disclose your health information to authorized
federal officials for the provision of protective
services to the President, foreign heads of state
and other authorized persons.
-
Inmates
If you are an inmate of a state or local prison, or
under custody of a law enforcement official, we
may disclose your health information to the facility
or
law enforcement official for the following purposes:
-
To provide you with health care.
-
To protect your health and safety and the health
and safety of other inmates.
-
To protect the health and safety of officers,
employees or others at the correctional
facility.
-
To protect the health and safety of
officers and others responsible
for transferring
inmates.
-
To protect the safety, security
and good order of the correctional
facility.
YOUR
RIGHTS CONCERNING YOUR HEALTH INFORMATION
You have the following rights with regard to your health
information in our possession or under our control:
-
Right to Inspect and Copy
You have the right to inspect and copy your health information.
If you would like a copy of your health information,
you should request an authorization form from the
Privacy Officer. To receive a copy, return a signed
authorization form to the Privacy Officer.
We have the right to charge for reasonable costs of
copying and mailing. You may request that the Privacy
Officer gives you an estimate of the costs before authorizing
a copy.
We may deny your request in certain circumstances.
For example, we will deny your request if we conclude
that access to your health information will endanger
your
life or physical safety.
If your request is denied, you may request, in writing,
that the denial be reviewed. Your request to have
a denial reviewed should be sent to the Privacy Officer.
The review will be conducted by a licensed health
care professional selected by us. The person who conducts
the review will not be the same person who denied
your request. We will comply with the decision made
on review.
-
Right to Correct or Clarify
You have the right to submit information that corrects
or clarifies your health information. The information
you submit will be retained with our record of your
treatment. If we add a statement to your treatment
record in response to your submission, we will provide
you with a copy of the statement. The information
you desire to submit should be sent to the Privacy
Officer. The information must be in writing and should
include the reasons why your health information should
be corrected or clarified.
-
Right
to Accounting of Disclosures
You have the right to request a written accounting of
certain disclosures we make of your health information.
The accounting
will include:
-
The
date of each disclosure.
-
The
name and, if known, the address of the person
or entity receiving the disclosure.
-
A
brief description of your disclosed health information.
-
A
brief statement of the purpose of the disclosure.
The
disclosures for which we do not provide an accounting
include:
-
Disclosures
for treatment, payment or health care operations
-
-
Disclosures
made to individuals involved in your care
-
Disclosures
authorized by you.
-
Disclosures
for national security or intelligence purposes.
-
Disclosures
to correctional institutions or law enforcement
officials.
-
Disclosures
made prior to April 14, 2003.
Your request must be in writing and should be sent
to the Privacy Officer. It should state the period for
which you desire an accounting. The period cannot be
longer than six years and cannot include any date prior
to April 14, 2003.
We may charge you for our costs of preparing the accounting.
On request, the Privacy Officer will notify you of the
cost.
-
Right to Request Restrictions
You have the right to restrict our use or disclosure of your
health information for purposes of treatment, payment or
health operations. For example, you may request that we not
disclose your health information to a family member or a
friend involved in your care.
Your request to restrict the use or disclosure of your health
information should be in writing and should be sent to the
Privacy Officer. Your written request must state:
-
What health
information you do not want used or disclosed.
-
Whether you want to limit our use, limit our disclosure, or both.
-
The names of the persons or entities to whom disclosure should not be made.
We
are not required to comply with your request. If we agree, we
will comply with your request except when our use or disclosure
is needed to provide you with emergency treatment. We may terminate
our agreement to restrict use or disclosure. Our termination
will be effective only for your health information created or
received after we inform you of our termination.
-
Right to Confidential Communications
You have the right to request that we communicate your health
information to you at an alternate address or by alternate
means. For example, you can request that we contact you only
at your home. Or, you can request that we contact you only
by telephone.
We will comply with reasonable requests. And, we
will not require any explanation for a request.
Your request should
be in writing and should be sent to the Privacy Officer. It should
specify the alternate address to
be used by us and the alternate means to be used by us to contact
you.
Complaints
If you believe your privacy rights have been violated, you
may file a complaint with the Privacy Officer or with the
Secretary of the Department of Health and Human Services.
Your complaint should be in writing. We will not discriminate
or take any retaliatory action against you by reason of your
filing a complaint or exercising any of your privacy rights
-
Other Authorized Uses and Disclosures
You may authorize us to use and disclose your health information
in ways not described in this notice. Your authorization
must be in writing and must comply with applicable law. You
can obtain an authorization form from the Privacy Officer.
You will receive a copy of each authorization you sign.
You may
revoke any authorization made by you. Once you revoke an
authorization, we will no longer use or disclose your health
information for the purposes that you had authorized. Your
revocation will be effective except with regard to the uses
and disclosures made by us in reliance on your authorization.
Your
revocation must be in writing and will be effective when received
by the Privacy Officer.
YOUR PERSONAL REPRESENTATIVE
There are times when individuals are legally
or otherwise incapable of exercising their privacy rights, or
choose to designate someone
to act on their behalf. A person authorized to act on behalf
of another individual is the individual’s “personal
representative.”
A personal representative may have broad authority
to make health care decisions for an individual. Or, a personal
representative’s
authority may be limited to specific treatment or care. For
example, a legal guardian may have broad authority while a
person with an individual’s limited health care power
of attorney may only have authority regarding a specific treatment.
The following table identifies who will be recognized as
the personal representative for a category of individuals:
| Individual |
Personal Representative |
| Unemancipated Minor |
A
parent, guardian or other person authorized by State
law to make health care decisions on behalf of
the minor child.
See
exceptions noted below |
| Adult or emancipated minor |
A
person with legal authority to make health care decisions
on behalf of the individual. Examples:
Health
care Power of Attorney
Court appointed guardian
Person(s)
authorized by State law
|
| Deceased individual |
A
person with legal authority to act on behalf of the
decedent’s estate. Example:
Personal
representative |
Regardless of whether a parent is the personal
representative of a minor child, under certain circumstances
we are prohibited
from disclosing the child’s health care information to
the parent. We cannot disclose a minor child’s health
information to a parent under the following circumstances:
-
When
State or other law does not require the consent of a parent
or other person before a minor
can obtain a particular healthcare service, and the minor
consents to the healthcare service.
-
When
a court determines, or other law authorizes, someone other
than a parent to make treatment
decisions for a minor.
-
When a parent agrees to a confidential relationship between
the minor and our physician(s).
Under
certain circumstances, we may choose not to recognize
a person as thepersonal
representative of our patient.
For example, if we believe that a minor child or incompetent
adult has been, or may be subjected to, domestic violence,
abuse or neglect by a personal representative, or that
treating a person as the minor child’s or incompetent adult’s
personal representative could endanger the child or
adult, we may choose not to treat the person as the personal
representative if, in our professional judgment, doing so
would
not be
in the best interest of the minor child or incompetent
adult.
We
hope this notice is helpful to you. We are committed to
protecting the privacy of your health information. And,
we want you to understand our Privacy Practices and your
rights regarding your health information. Please contact
the Privacy Officer if you have any questions.
We reserve the right to change our privacy practices and this notification at any time. Any change may apply to health information that we have already created or received, as well as additional information we create or receive. If the Notice is changed, we will post a copy in our workplace. At each appointment, you will be offered a copy of our current Notice of Privacy Practices.
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