NOTICE OF PRIVACY PRACTICES
5801 S. McClintock Drive, Suite 107
Tempe Arizona 85283
Jerry Rao, Privacy Officer
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.
We understand the importance of privacy and are committed to maintaining the confidentiality of your medical information. We record the medical care we provide and may receive such records from others.
We use these records to provide or enable other healthcare providers to provide quality medical care, to obtain payment for services provided to you as allowed by your health plan, and to help us to meet our professional and legal obligations to operate this medical practice properly.
We are required by law to maintain the privacy of protected health information, to provide individuals with a Notice of our legal duties and privacy practices concerning protected health information, and to notify affected individuals following a breach of unsecured protected health information.
This Notice describes how we may use and disclose your medical information. It also describes your rights and our legal obligations concerning your medical information. If you have any questions about this Notice, please get in touch with our Privacy Officer listed above.
A. How This Medical Practice May Use or Disclose Your Health Information This medical practice collects health information about you and stores it digitally [and on a computer][and in an electronic health record/personal health record]. This is your medical record. The medical history is the property of this medical practice, but the information in the medical record belongs to you. The law permits us to use or disclose your health information for the following purposes:
We use medical information about you to provide your medical care. We disclose medical information to our employees and others involved in providing the care you need.
For example, we may share your medical information with other physicians or healthcare providers who will provide services we do not offer. Or we may share this information with a pharmacist who needs it to dispense a prescription to you or a laboratory that performs a test. We may also disclose medical information to members of your family or others who can help you when you are sick or injured or after you die.
We use and disclose medical information about you to obtain payment for our services. For example, we give your health plan the information it requires before it will pay us. We may also disclose information to other healthcare providers to assist them in obtaining payment for services they have provided to you.
We may use and disclose your medical information to operate this medical practice. For example, we may use and disclose this information to review and improve the quality of care we provide or the competence and qualifications of our professional staff.
Or we may use and disclose this information to get your health plan to authorize services or referrals. We may also use and disclose this information as necessary for medical reviews, legal services, and audits, including fraud and abuse detection and compliance programs and business planning and management. We may also share your medical information with our "business associates," such as our billing service, that perform administrative services for us.
We have a written contract with each of these business associates that contains terms requiring them and their subcontractors to protect the confidentiality and security of your protected health information.
We may also share your information with other health care providers, health care clearinghouses, or health plans that have a relationship with you when they request this information to help them with their quality assessment and improvement activities, their patient-safety activities, their population-based efforts to improve health or reduce health care costs, their protocol development, case management or care-coordination activities, their review of competence, qualifications and performance of healthcare professionals, their training programs, their accreditation, certification or licensing activities, or their health care fraud and abuse detection and compliance efforts.
We may disclose your health information to notify or assist in notifying a family member, your representative, or another person responsible for your care about your location, your general condition, or, unless you had instructed us otherwise, in the event of your death. In the event of a disaster, we may disclose information to a relief organization so that they may coordinate these notification efforts. We may also disclose information to someone involved in your care or helps pay for your consideration.
If you can agree or object, we will allow you to object before making these disclosures. However, we may disclose this information in a disaster, even over your objection, if we believe it is necessary to respond to the emergency circumstances. If you are unable or unavailable to agree or object, our health professionals will use their best judgment in communication with your family and others.
We may contact you to give you information about products or services related to your treatment, case management, or care coordination or to direct or recommend other treatments, therapies, healthcare providers, or settings of care that may be of interest to you. We may similarly describe products or services provided by this practice and tell you which health plans this practice participates in.
We may also encourage you to maintain a healthy lifestyle and get recommended tests, participate in a disease management program, provide you with small gifts, tell you about government sponsored health programs or encourage you to purchase a product or service when we see you for which we may be paid.
Finally, we may receive compensation that covers our cost of reminding you to take and refill your medication or otherwise communicate about a drug or biologic that is currently prescribed for you. Provided we do not receive any payment for making these communications.
We will not otherwise use or disclose your medical information for marketing purposes or accept any payment for other marketing communications without your prior written authorization. The authorization will disclose whether we receive any compensation for any marketing activity you authorize, and we will stop any future marketing activity to the extent you revoke that authorization.
We will not sell your health information without your prior written authorization. The authorization will disclose that we will receive compensation for your health information if you authorize us to sell it. We will stop any future sales of your information to the extent that you revoke that authorization.
As required by law, we will use and disclose your health information, but we will limit our use or disclosure to the relevant requirements of the law. When the law requires us to report abuse, neglect, or domestic violence or respond to judicial or administrative proceedings or law enforcement officials, we will further comply with the requirement set forth below concerning those activities.
We may, and are sometimes required by law, to disclose your health information to public health authorities for purposes related to preventing or controlling disease, injury, or disability; reporting child, elder, or dependent adult abuse or neglect; reporting domestic violence; reporting to the Food and Drug Administration problems with products and reactions to medications, and reporting disease or infection exposure. When we report suspected elder or dependent adult abuse or domestic violence, we will inform you or your representative promptly unless, in our best professional judgment, we believe the notification would place you at risk of serious harm or would require notifying a personal representative we believe is responsible for the abuse or damage.
We may, and are sometimes required by law, to disclose your health information to health oversight agencies during audits, investigations, inspections, licensure, and other proceedings, subject to the limitations imposed by law.
We may, and are sometimes required by law, to disclose your health information in any administrative or judicial proceeding to the extent expressly authorized by a court or executive order.
We may also disclose information about you in response to a subpoena, discovery request, or other lawful processes if reasonable efforts have been made to notify you of the request and you have not objected or if your objections have been resolved by a court or administrative order.
We may, and are sometimes required by law, to disclose your health information to a law enforcement official for purposes such as identifying or locating a suspect, fugitive, material witness, or missing person, complying with a court order, warrant, grand jury subpoena, and other law enforcement purposes.
We may, and are often required by law, to disclose your health information to coroners in connection with their investigations of deaths.
We may disclose your health information to organizations involved in procuring, banking, or transplanting organs and tissues.
We may, and are sometimes required by law, to disclose our health information to appropriate persons to prevent or lessen a serious and imminent threat to the health or safety of a particular person or the general public.
We may disclose your health information for military or national security purposes or to correctional institutions or law enforcement officers that have you in their lawful custody.
We may disclose your health information as necessary to comply with workers' compensation laws. For example, to the extent your care is covered by workers' compensation, we will make periodic reports to your employer about your condition. We are also required by law to report cases of occupational injury or occupational illness to the employer or workers' compensation insurer.
In the event that this medical practice is sold or merged with another organization, your health information/record will become the property of the new owner, although you will maintain the right to request that copies of your health information be transferred to another physician or medical group.
In the case of a breach of unsecured protected health information, we will notify you as required by law. If you have provided us with a current email address, we may use email to communicate information related to the breach. In some circumstances, our business associate may provide the notification. We may also provide notice by other methods as appropriate. How We Collect Information About You: PeakBody.com and its employees and volunteers collect data through a variety of means, including but not necessarily limited to letters, phone calls, emails, voicemails, and from the submission of applications that are either required by law or necessary to process applications or other requests for assistance through our organization.
Information about your financial situation and medical conditions and care that you provide to us in writing, via email, on the phone (including information left on voicemails), contained in or attached to applications, or directly or indirectly given to us, is held in strictest confidence. We do not give out, exchange, barter, rent, sell, lend, or disseminate any information about applicants or clients who apply for or actually receive our services that are considered patient confidential, restricted by law, or have been expressly prohibited by a patient/client in a signed HIPAA consent form.
Information is only used as is reasonably necessary to process your application or to provide you with health or counseling services which may require communication between PeakBody.com and health care providers, medical product or service providers, pharmacies, insurance companies, and other providers necessary to: verify your medical information is accurate; determine the type of medical supplies or any health care services you need including, but not limited to; or to obtain or purchase any kind of medical supplies, devices, medications, insurance, If you apply or attempt to apply to receive assistance through us and provide information with the intent or purpose of fraud or that results in either an actual crime of fraud for any reason including willful or un-willful acts of negligence whether intended or not, or in any way demonstrates or indicates attempted fraud, your non-medical information can be given to legal authorities including police, investigators, courts, and/or attorneys or other legal professionals, as well as any additional information as permitted by law.
We do use some affiliate programs that may or may not capture traffic data through our site. To avoid potential data capture that you visited a diabetes website, simply do not click on any of our outside affiliate links. Limited Right to Use Non-Identifying Personal Information From Biographies, Letters, Notes, and Other Sources: Any pictures, stories, letters, biographies, correspondence, or thank you notes sent to us become the exclusive property of PeakBody.com.
We reserve the right to use non-identifying information about our clients (those who receive services or goods from or through us) for fundraising and promotional purposes that are directly related to our mission. Clients will not be compensated for the use of this information, and no identifying information (photos, addresses, phone numbers, contact information, last names, or uniquely identifiable names) will be used without the client's express advance permission.
You may specifically request that NO information be used whatsoever for promotional purposes, but you must identify any requested restrictions in writing. We respect your right to privacy and assure you no identifying information or photos that you send to us will ever be publicly used without your direct or indirect consent.
Except as described in this Notice of Privacy Practices, this medical practice will, consistent with its legal obligations, not use or disclose health information that identifies you without your written authorization. If you do authorize this medical practice to use or disclose your health information for another purpose, you may revoke your consent in writing at any time.
C. Your Health Information Rights
You have the right to request restrictions on specific uses and disclosures of your health information by a written request specifying what information you want to limit and what limitations on our use or disclosure of that information you wish to have imposed. If you tell us not to disclose information to your commercial health plan concerning healthcare items or services for which you paid in full out-of-pocket, we will abide by your request unless we must disclose the information for treatment or legal reasons. We reserve the right to accept or reject any other request and will notify you of our decision.
You have the right to request that you receive your health information in a specific way or at a particular location. For example, if you exercise one or more of these rights, contact our Privacy Officer listed at the top of this Notice of Privacy Practices.
We reserve the right to amend this Notice of Privacy Practices at any time in the future. Until such amendment is made, we are required by law to comply with the terms of this Notice currently in effect. After an amendment is made, the revised Notice of Privacy Protections will apply to all protected health information that we maintain, regardless of when it was created or received.
Complaints about this Notice of Privacy Practices or how this medical practice handles your health information should be directed to our Privacy Officer listed at the top of this Notice of Privacy Practices.
If you are not satisfied with the manner in which this office handles a complaint, you may submit a formal complaint to the following: https://www.hhs.gov/ocr/index.html OCRMail@hhs.gov The complaint form may be found at www.hhs.gov/ocr/privacy/hipaa/complaints/hipcomplaint.pdf. You will not be penalized in any way for filing a complaint.