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THIS NOTICE DESCRIBES HOW MEDICAL
INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET
ACCESS TO THIS INFORMATION. PLEASE READ IT CAREFULLY.
NOTICE OF PRIVACY POLICY
Effective April 13,
2003
The following is the privacy policy ("Privacy
Policy") of Dr. Toyah Wilson ("Covered "Entity") as
described in the Health Insurance Portability and Accountability Act
of 1996 and regulations promulgated thereunder, commonly known as
HIPAA. HIPAA requires Covered Entity by law to maintain the privacy
of your personal health information and to provide you with notice
of Covered Entity’s legal duties and privacy policies with respect
to your personal health information. We are required by law to abide
by the terms of this Privacy Notice.
Your Personal Health
Information
We collect personal health information from you
through treatment, payment and related healthcare operations, the
application and enrollment process, and/or healthcare providers or
health plans, or through other means, as applicable. Your personal
health information that is protected by law broadly includes any
information, oral, written or recorded, that is created or received
by certain health care entities, including health care providers,
such as physicians and hospitals, as well as, health insurance
companies or plans. The law specifically protects health information
that contains data, such as your name, address, social security
number, and others, that could be used to identify you as the
individual patient who is associated with that health
information.
Uses or Disclosures of Your Personal Health
Information
Generally, we may not use or disclose your personal
health information without your permission. Further, once your
permission has been obtained, we must use or disclose your
personal health information in accordance with the specific terms
that permission. The following are the circumstances under which we
are permitted by law to use or disclose your personal health
information.
Without Your Consent
Without your consent, we may use or disclose
your personal health information in order to provide you with
services and the treatment you require or request, or to collect
payment for those services, and to conduct other related health care
operations otherwise permitted or required by law. Also, we are
permitted to disclose your personal health information within and
among our workforce in order to accomplish these same purposes.
However, even with your permission, we are still required to limit
such uses or disclosures to the minimal amount of personal health
information that is reasonably required to provide those services or
complete those activities.
Examples of treatment activities include:
(a) the provision, coordination, or management of health care and
related services by health care providers; (b) consultation between
health care providers relating to a patient; or (c) the referral of
a patient for health care from one health care provider to
another.
Examples of payment activities include: (a)
billing and collection activities and related data processing; (b)
actions by a health plan or insurer to obtain premiums or to
determine or fulfill its responsibilities for coverage and provision
of benefits under its health plan or insurance agreement,
determinations of eligibility or coverage, adjudication or
subrogation of health benefit claims; (c) medical necessity and
appropriateness of care reviews, utilization review activities; and
(d) disclosure to consumer reporting agencies of information
relating to collection of premiums or reimbursement.
Examples of health care operations include:
(a) development of clinical guidelines; (b) contacting patients with
information about treatment alternatives or communications in
connection with case management or care coordination; (c) reviewing
the qualifications of and training health care professionals; (d)
underwriting and premium rating; (e) medical review, legal services,
and auditing functions; and (f) general administrative activities
such as customer service and data analysis.
As Required By Law
We may use or disclose your personal health
information to the extent that such use or disclosure is required by
law and the use or disclosure complies with and is limited to the
relevant requirements of such law. Examples of instances in which
we are required to disclose your personal health information
include: (a) public health activities including, preventing or
controlling disease or other injury, public health surveillance or
investigations, reporting adverse events with respect to food or
dietary supplements or product defects or problems to the Food and
Drug Administration, medical surveillance of the workplace or to
evaluate whether the individual has a work-related illness or injury
in order to comply with Federal or state law; (b) disclosures
regarding victims of abuse, neglect, or domestic violence including,
reporting to social service or protective services agencies; (c)
health oversight activities including, audits, civil,
administrative, or criminal investigations, inspections, licensure
or disciplinary actions, or civil, administrative, or criminal
proceedings or actions, or other activities necessary for
appropriate oversight of government benefit programs; (d) judicial
and administrative proceedings in response to an order of a court or
administrative tribunal, a warrant, subpoena, discovery request, or
other lawful process; (e) law enforcement purposes for the purpose
of identifying or locating a suspect, fugitive, material witness, or
missing person, or reporting crimes in emergencies, or reporting a
death; (f) disclosures about decedents for purposes of cadaveric
donation of organs, eyes or tissue; (g) for research purposes under
certain conditions; (h) to avert a serious threat to health or
safety; (i) military and veterans activities; (j) national security
and intelligence activities, protective services of the President
and others; (k) medical suitability determinations by entities that
are components of the Department of State; (l) correctional
institutions and other law enforcement custodial situations; (m)
covered entities that are government programs providing public
benefits, and for workers’ compensation.
All Other Situations, With Your Specific
Authorization
Except as otherwise permitted or required, as
described above, we may not use or disclose your personal health
information without your written authorization. Further, we are
required to use or disclose your personal health information
consistent with the terms of your authorization. You may revoke your
authorization to use or disclose any personal health information at
any time, except to the extent that we have taken action in reliance
on such authorization, or, if you provided the authorization as a
condition of obtaining insurance coverage, other law provides the
insurer with the right to contest a claim under the policy.
Miscellaneous Activities, Notice
We may contact you to provide appointment reminders
or information about treatment alternatives or other health-related
benefits and services that may be of interest to you. We may contact
you to raise funds for Covered Entity. If we are a group health plan
or health insurance issuer or HMO with respect to a group health
plan, we may disclose your personal health information to be sponsor
of the plan.
Your Rights With Respect to Your Personal Health
Information
Under HIPAA, you have certain rights with respect
to your personal health information. The following is a brief
overview of your rights and our duties with respect to enforcing
those rights.
Right To Request Restrictions On Use Or
Disclosure
You have the right to request restrictions on
certain uses and disclosures of your personal health information
about yourself. You may request restrictions on the following
uses or disclosures: to carry out treatment, payment, or
healthcare operations; (b) disclosures to family members, relatives,
or close personal friends of personal health information directly
relevant to your care or payment related to your health care, or
your location, general condition, or death; (c) instances in which
you are not present or your permission cannot practicably be
obtained due to your incapacity or an emergency circumstance; (d)
permitting other persons to act on your behalf to pick up filled
prescriptions, medical supplies, X-rays, or other similar forms of
personal health information; or (e) disclosure to a public or
private entity authorized by law or by its charter to assist in
disaster relief efforts.
While we are not required to agree to any requested
restriction, if we agree to a restriction, we are bound not to use
or disclose your personal healthcare information in violation of
such restriction, except in certain emergency situations. We will
not accept a request to restrict uses or disclosures that are
otherwise required by law.
Right To Receive Confidential
Communications
You have the right to receive confidential
communications of your personal health information. We may require
written requests. We may condition the provision of confidential
communications on you providing us with information as to how
payment will be handled and specification of an alternative address
or other method of contact. We may require that a request contain a
statement that disclosure of all or a part of the information to
which the request pertains could endanger you. We may not require
you to provide an explanation of the basis for your request as a
condition of providing communications to you on a confidential
basis. We must permit you to request and must accommodate reasonable
requests by you to receive communications of personal health
information from us by alternative means or at alternative
locations. If we are a health care plan, we must permit you to
request and must accommodate reasonable requests by you to receive
communications of personal health information from us by alternative
means or at alternative locations if you clearly state that the
disclosure of all or part of that information could endanger
you.
Right To Inspect And Copy Your Personal Health
Information
Your designated record set is a group of records we
maintain that includes Medical records and billing records about
you, or enrollment, payment, claims adjudication, and case or
medical management records systems, as applicable. You have the
right of access in order to inspect and obtain a copy your personal
health information contained in your designated record set,
except for (a) psychotherapy notes, (b) information complied
in reasonable anticipation of, or for use in, a civil, criminal, or
administrative action or proceeding, and (c) health information
maintained by us to the extent to which the provision of access to
you would be prohibited by law. We may require written requests. We
must provide you with access to your personal health information in
the form or format requested by you, if it is readily producible in
such form or format, or, if not, in a readable hard copy form or
such other form or format. We may provide you with a summary of the
personal health information requested, in lieu of providing access
to the personal health information or may provide an explanation of
the personal health information to which access has been provided,
if you agree in advance to such a summary or explanation and agree
to the fees imposed for such summary or explanation. We will provide
you with access as requested in a timely manner, including arranging
with you a convenient time and place to inspect or obtain copies of
your personal health information or mailing a copy to you at your
request. We will discuss the scope, format, and other aspects of
your request for access as necessary to facilitate timely access. If
you request a copy of your personal health information or agree to a
summary or explanation of such information, we may charge a
reasonable cost-based fee for copying, postage, if you request a
mailing, and the costs of preparing an explanation or summary as
agreed upon in advance. We reserve the right to deny you access to
and copies of certain personal health information as permitted or
required by law. We will reasonably attempt to accommodate any
request for personal health information by, to the extent possible,
giving you access to other personal health information after
excluding the information as to which we have a ground to deny
access. Upon denial of a request for access or request for
information, we will provide you with a written denial specifying
the legal basis for denial, a statement of your rights, and a
description of how you may file a complaint with us. If we do
not maintain the information that is the subject of your request for
access but we know where the requested information is maintained, we
will inform you of where to direct your request for access.
Right To Amend Your Personal Health
Information
You have the right to request that we amend your
personal health information or a record about you contained in your
designated record set, for as long as the designated record set is
maintained by us. We have the right to deny your request for
amendment, if: (a) we determine that the information or record that
is the subject of the request was not created by us, unless you
provide a reasonable basis to believe that the originator of the
information is no longer available to act on the requested
amendment, (b) the information is not part of your designated record
set maintained by us, (c) the information is prohibited from
inspection by law, or (d) the information is accurate and complete.
We may require that you submit written requests and provide a reason
to support the requested amendment. If we deny your request, we will
provide you with a written denial stating the basis of the denial,
your right to submit a written statement disagreeing with the
denial, and a description of how you may file a complaint with us or
the Secretary of the U.S. Department of Health and Human Services
("DHHS"). This denial will also include a notice that if you do not
submit a statement of disagreement, you may request that we include
your request for amendment and the denial with any future
disclosures of your personal health information that is the subject
of the requested amendment. Copies of all requests, denials, and
statements of disagreement will be included in your designated
record set. If we accept your request for amendment, we will make
reasonable efforts to inform and provide the amendment within a
reasonable time to persons identified by you as having received
personal health information of yours prior to amendment and persons
that we know have the personal health information that is the
subject of the amendment and that may have relied, or could
foreseeably rely, on such information to your detriment. All
requests for amendment shall be sent to Dr. Toyah Wilson, 1305
Remington Rd., Suite T, Schaumburg, IL 60173.
Right To Receive An Accounting Of Disclosures Of
Your Personal Health Information
Beginning April 14, 2003, you have the right
to receive a written accounting of all disclosures of your personal
health information that we have made within the six (6) year period
immediately preceding the date on which the accounting is requested.
You may request an accounting of disclosures for a period of time
less than six (6) years from the date of the request. Such
disclosures will include the date of each disclosure, the name and,
if known, the address of the entity or person who received the
information, a brief description of the information disclosed, and a
brief statement of the purpose and basis of the disclosure or, in
lieu of such statement, a copy of your written authorization or
written request for disclosure pertaining to such information. We
are not required to provide accountings of disclosures for the
following purposes: (a) treatment, payment, and healthcare
operations, (b) disclosures pursuant to your authorization, (c)
disclosures to you, (d) for a facility directory or to persons
involved in your care, (e) for national security or intelligence
purposes, (f) to correctional institutions, and (g) with respect to
disclosures occurring prior to 4/14/03. We reserve our right to
temporarily suspend your right to receive an accounting of
disclosures to health oversight agencies or law enforcement
officials, as required by law. We will provide the first accounting
to you in any twelve (12) month period without charge, but will
impose a reasonable cost-based fee for responding to each subsequent
request for accounting within that same twelve (12) month period.
All requests for an accounting shall be sent to Dr. Toyah
Wilson, 1305 Remington Rd., Suite T, Schaumburg, IL
60173.
Complaints
You may file a complaint with us and with the
Secretary of DHHS if you believe that your privacy rights have been
violated. You may submit your complaint in writing by mail or
electronically to our privacy officer, Dr. Toyah Wilson,
at 1305 Remington Rd., Suite T, Schaumburg, IL 60173 or at
DrToyah@DrToyahWilson.com.
A complaint must name the entity that is the subject of the
complaint and describe the acts or omissions believed to be in
violation of the applicable requirements of HIPAA or this Privacy
Policy. A complaint must be received by us or filed with the
Secretary of DHHS within 180 days of when you knew or should have
known that the act or omission complained of occurred. You will not
be retaliated against for filing any complaint.
Amendments to this Privacy
Policy
We reserve the right to revise or amend this
Privacy Policy at any time. These revisions or amendments may be
made effective for all personal health information we maintain even
if created or received prior to the effective date of the revision
or amendment. We will provide you with notice of any revisions or
amendments to this Privacy Policy, or changes in the law affecting
this Privacy Notice, by mail or electronically within 60 days of the
effective date of such revision, amendment, or change.
On-going Access to Privacy
Policy
We will provide you with a copy of the most recent
version of this Privacy Policy at any time upon your written request
sent to:
Dr. Toyah Wilson, 1305 Remington Rd., Suite T,
Schaumburg, IL 60173 or at the following website address: http://www.DrToyahWilson.com.
For any other requests or for further information regarding the
privacy of your personal health information, and for information
regarding the filing of a complaint with us, please contact our
privacy officer, Dr. Toyah Wilson, at the address or e-mail
address listed above or by telephone at (630) 723-9361.
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