HIPAA Notice of Privacy Practices
American Vision
Care
70-51 Austin Street, Forest Hills, NY 11375
718-793-1200 Contact Person—Victor R. Klein
www.americanvisioncare.com
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 respect our legal obligation to
keep your personal health information private. We are
obligated by law to give you this document, a description of our
privacy practices. This Notice describes how we protect your
health information and what rights you have regarding it.
TREATMENT, PAYMENT, AND
HEALTH CARE OPERATIONS
The most common reason we use or disclose your health information
is for treatment, payment or health care operations. Examples
of how we use or disclose information for treatment purposes
are: setting up an appointment for you; examining your eyes;
prescribing glasses, contact lenses, or eye medications and faxing
them to be filled; referring you to another doctor or clinic for
eye care; filling prescriptions, duplicating eyewear or getting
copies of your health information from a doctor you have seen
before us. Examples of how we use or disclose your health
information for payment purposes are: asking you about your
health or vision care plans, or other sources of payment; preparing
and sending bills or claims; and collecting unpaid amounts (either
ourselves or through a collection agency or attorney).
"Health care operations" mean those administrative and managerial
functions that we have to do in order to run our office.
Examples of how we use or disclose your health information for
health care operations are: participation in managed care
plans; and defense of legal matters.
We routinely use your health
information inside our office for these purposes without any
special permission. We share your information with other
health care providers, insurers, and administrative entities when
necessary to provide appropriate treatment, secure payment, or
carry out administrative functions.
USES AND DISCLOSURES FOR
OTHER REASONS WITHOUT PERMISSION
The law allows or requires us to use or disclose your
health information without your permission. Not all of these
situations will apply to us; some may never come up at our office
at all. Such uses or disclosures are:
- when a state or federal
law mandates that certain health information be reported for a
specific purpose;
- for public health
purposes, such as contagious disease reporting, investigation or
surveillance; and notices to and from the federal Food and Drug
Administration regarding drugs or medical devices;
- to governmental
authorities about victims of suspected abuse, neglect or domestic
violence;
- for health oversight
activities, such as for the licensing of doctors; for audits by
Medicare or Medicaid; or for investigation of possible violations
of health care laws;
- for judicial and
administrative proceedings, such as in response to subpoenas or
orders of courts or administrative agencies;
- for law enforcement
purposes, such as to provide information about someone who is or is
suspected to be a victim of a crime; to provide information about a
crime at our office; or to report a crime that happened somewhere
else;
- to a medical examiner to
identify a dead person or to determine the cause of death; or to
funeral directors to aid in burial; or to organizations that handle
organ or tissue donations;
- to prevent a serious
threat to health or safety;
- for specialized
government functions, such as for the protection of the president
or high ranking government officials; for lawful national
intelligence activities; for military purposes; or for the
evaluation and health of members of the foreign service;
- for purposes of worker's
compensation programs;
- incidental disclosures
that are an unavoidable by-product of permitted uses or
disclosures;
- disclosures to "business
associates" who perform health care operations for us and who
commit to respect the privacy of your health information (for
example, placing a contact lens order for you).
Unless you object, we may also
share relevant information about your care with family or friends
who are helping you with your eye care.
APPOINTMENT REMINDERS AND
NOTIFICATION
We may call or write to remind you of scheduled appointments, that
it is time to make a routine appointment or that your eyewear is
ready. We may also call or write to notify you of other
treatments or services available at our office that might help
you. Unless you tell us otherwise, we may mail you an
appointment reminder or notification about the status of your
eyewear on a post card, and/or leave you a reminder or notify you
about the status of your eyewear on your home answering machine or
with someone who answers your phone if you are not home.
OTHER USES AND
DISCLOSURES
We will not make any other uses or disclosures of your health
information unless you sign a written "authorization form."
The content of an "authorization form" is determined by federal
law. Sometimes, we may initiate the authorization process if
the use or disclosure is our idea. Sometimes, you may
initiate the process if it's your idea for us to send your
information to someone else. Typically, in this situation,
you will give us a properly completed authorization form, or you
can use one of ours.
If we initiate the process and ask
you to sign an authorization form, you do not have to sign
it. If you do not sign the authorization, we cannot make the
use or disclosure. If you do sign one, you may revoke it at
any time unless we have already acted in reliance upon it.
Revocations must be in writing. Send them to the office
contact person named at the beginning of this Notice.
HIV-RELATED INFORMATION
AND INFORMATION CONCERNING ALCOHOL AND SUBSTANCE ABUSE
SERVICES
New York State law includes special protections for HIV-related
information. We will not disclose information concerning your
HIV status or HIV testing without obtaining a specific written
authorization, except under certain circumstances it is authorized
or required by law. For example, we would be permitted to
disclose such information to certain agents or employees of your
health care providers that are authorized to obtain such
information for treatment or payment purposes, to health care
facility staff committees and health care facility accreditation or
oversight organizations, to a public health officer when mandated
by law, to your health insurer or vision plan for purposes of
securing reimbursement if we obtained your general consent to such
disclosure, pursuant to a court order.
Health information possessed by federally-supported alcohol and
substance abuse treatment programs is also subject to special
protections under federal law. If we receive information
about you from one of these programs, we will not disclose it
without your specific written authorization, except under
circumstances in which a disclosure is authorized or required by
law, such as to medical personnel who need this information of
providing you with emergency treatment, to the Food and Drug
Administration for the purpose of identifying potentially dangerous
products, to authorized persons conducting on-site audits of our
records, subject to the requirement that these persons not remove
the information from our facilities and agree in writing to
safeguard the information, and in response to an appropriate court
order.
YOUR RIGHTS REGARDING YOUR
HEALTH INFORMATION
The law gives you many rights regarding your health
information. You can:
- ask us to restrict our
uses and disclosures for purposes of treatment (except emergency
treatment), payment or health care operations. We do not have
to agree to do this, but if we agree, we must honor the
restrictions that you want. To ask for a restriction, send a
written request to the office contact person named at the beginning
of this Notice.
- ask us to communicate
with you in a confidential way, such as by phoning you at work
rather than at home, by mailing health information to a different
address, or by sending E mail to your personal E Mail
address. We will accommodate these requests if they are
reasonable, and if you pay us for any extra cost. If you want
to ask for confidential communications, send a written request to
the office contact person named at the beginning of this
Notice.
- ask to see or to get
photocopies of your health information. By law, there are a
few limited situations in which we can refuse to permit access or
copying. For the most part, however, you will be able to
review or have a copy of your health information within 10
days. You are also specifically entitled to obtain
copies of your eyeglass or contact lens prescription upon
request. You may have to pay for photocopies in
advance. If we deny your request, we will send you a written
explanation, and instructions about how to get an impartial review
of our denial if one is legally available. If you want to
review or get photocopies of your health information, send a
written request to the office contact person named at the beginning
of this Notice.
- ask us to amend your
health information if you think that it is incorrect or
incomplete. If we agree, we will amend the information within
60 days from when you ask us. We will send the corrected
information to persons who we know got the wrong information, and
others that you specify. If we do not agree, you can write a
statement of your position, and we will include it with your health
information along with any rebuttal statement that we may
write. Once your statement of position and/or our rebuttal is
included in your health information, we will send it along whenever
we make a permitted disclosure of your health information. By
law, we can have one 30-day extension of time to consider a request
for amendment if we notify you in writing of the extension.
If you want to ask us to amend your health information, send a
written request, including your reasons for the amendment, to the
office contact person named at the beginning of this Notice.
- get a list of the
disclosures that we have made of your health information within the
past six years (or a shorter period if you want). By law, the
list will not include: disclosures for purposes of treatment,
payment or health care operations; disclosures with your
authorization; incidental disclosures; disclosures required by law;
and some other limited disclosures. You are entitled to one
such list per year without charge. If you want more frequent
lists, you will have to pay for them in advance. We will usually
respond to your request within 60 days of receiving it, but by law,
we can have one 30-day extension of time if we notify you of the
extension in writing. If you want a list, send a written
request to the office contact person named at the beginning of this
Notice.
- get additional paper
copies of this Notice of Privacy Practices upon request. If
you want additional paper copies, send a written request to the
office contact person named at the beginning of this Notice.
OUR NOTICE OF PRIVACY
PRACTICES
By law, we must abide by the terms of this Notice of Privacy
Practices until we choose to change it. We reserve the right
to change this notice at any time as allowed by law. If we
change this Notice, the new privacy practices will apply to your
health information that we already have as well as to such
information that we may generate in the future. If we change
our Notice of Privacy Practices, we will post the new notice in our
office and have copies available in our office.
COMPLAINTS
If you think that we have not properly respected the privacy of
your health information, you are free to complain to us or the U.S.
Department of Health and Human Services. We will not
retaliate against you if you make a complaint. If you want to
complain to us, send a written complaint to the office contact
person named at the beginning of this Notice.
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