Notice of Privacy Practices

Overview

Notice of Privacy Practices

Matthew J. Malan DDS Family & Cosmetic Dentistry

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.

V. How We May Use or Disclose Your Health Information

The following examples describe different ways we may use or disclose your health information. These examples are not meant to be exhaustive. We are permitted by law to use and disclose your health information for the following purposes.

A. Common Uses and Disclosures

1. Treatment.
We may use your health information to provide you with dental treatment or services, such as cleaning or examining your teeth or performing dental procedures. We may disclose health information about you to dental specialists, physicians, or other health care professionals involved in your care.

2. Payment.
We may use and disclose your health information to obtain payment from health plans and insurers for the care that we provide to you.

3. Health Care Operations.
We may use and disclose health information about you in connection with health care operations necessary to run our practice, including review of treatment and services, training, evaluation of performance of our staff and health care professionals, quality assurance, financial or billing audits, legal matters, and business planning and development.

4. Appointment Reminders.
We may use or disclose your health information when contacting you to remind you of a dental appointment. We may contact you using a postcard, letter, phone call, voice message, text or email.

5. Treatment Alternatives and Health-Related Benefits and Services.
We may use and disclose your health information to tell you about treatment options or alternatives or health-related benefits and services that may be of interest to you.

6. Disclosures to Family Members and Friends.
We may disclose your health information to a family member or friend who is involved with your care or payment for your care if you do not object or if you are not present and we believe it is in your best interest to do so.

7. Disclosures to Business Associates.
We may disclose your protected health information to third-party service providers (called “business associates”) that perform functions on our behalf or provide us with services if the information is necessary for such functions or services. All of our business associates are obligated under contract with us to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract.


B. Less Common Uses and Disclosures

1. Disclosures Required by Law.
We may use or disclose health information about you when we are required to do so by law. For example, we are required to disclose patient health information to the U.S. Department of Health and Human Services so that it can investigate complaints and determine our compliance with HIPAA.

2. Public Health Activities.
We may disclose patient health information for public health activities, such as preventing or controlling disease, injury, or disability; reporting births or deaths; reporting adverse reactions to medications or foods; reporting product defects; enabling product recalls; and notifying a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition.

3. Victims of Abuse, Neglect or Domestic Violence.
We may disclose health information to the appropriate government authority about a patient whom we believe is a victim of abuse, neglect or domestic violence.

4. Health Oversight Activities.
We may disclose patient health information to a health oversight agency for activities necessary for the government to provide appropriate oversight of the health care system or certain government benefit programs.

5. Lawsuits and Legal Actions.
We may disclose patient health information in response to:

  • a court or administrative order
  • a subpoena
  • discovery request
  • other lawful process not ordered by a court if efforts have been made to notify the patient or obtain an order protecting the information requested.

6. Law Enforcement Purposes.
We may disclose health information to a law enforcement official for law enforcement purposes, such as identifying or locating a suspect, material witness, or missing person, or to allow enforcement of a crime.

7. Coroners, Medical Examiners and Funeral Directors.
We may disclose your health information to a coroner, medical examiner, or funeral director to allow them to carry out their duties.

8. Organ, Eye and Tissue Donation.
We may disclose your health information to organ procurement organizations or others that obtain, bank, or transplant cadaveric organs, eyes, or tissue for donation and transplant.

9. Research Purposes.
We may use or disclose your health information for research purposes pursuant to patient authorization or waiver approval by an Institutional Review Board or Privacy Board.

10. Serious Threat to Health or Safety.
We may use or disclose your health information if we believe it is necessary to prevent or lessen a serious threat to anyone’s health or safety.

11. Specialized Government Functions.
We may disclose your health information to the military (domestic or foreign) about its members or veterans, for national security and protective services for the President or other heads of state, to the government for security clearance reviews, and to a jail or correctional institution.

12. Workers’ Compensation.
We may disclose your health information to comply with workers’ compensation laws or similar programs that provide benefits for work-related injuries or illness.


VI. Your Written Authorization for Any Other Use or Disclosure of Your Health Information

Uses and disclosures of your protected health information that involve the release of psychotherapy notes (if any), marketing, sale of protected health information, or other uses not described in this notice will be made only with your written authorization, unless otherwise permitted or required by law. You may revoke this authorization at any time in writing.


VII. Your Rights With Respect to Your Health Information

You have the following rights regarding your health information in a designated record set (as defined by HIPAA). To exercise any of these rights, submit a written request to the Privacy Official.

A. Right to Access and Review

You may request access to and review a copy of your health information. We may deny your request under certain circumstances. If your request is denied, you will receive written notice and may request a review of the denial.

B. Right to Amend

If you believe your health information is incorrect or incomplete, you may request that we amend it.

C. Right to Restrict Use and Disclosure

You may request restrictions on how your health information is used or disclosed for treatment, payment, or operations, or to family or friends involved in your care.

D. Right to Confidential Communications

You may request that we communicate with you in a certain way or at a specific location.

E. Right to an Accounting of Disclosures

You have the right to receive a list of certain disclosures of your health information made by us.

F. Right to a Paper Copy of This Notice

You may request a paper copy of this notice at any time.

G. Right to Receive Notification of a Security Breach

We are required by law to notify you if your health information is breached.


VIII. Special Protections for HIV, Alcohol and Substance Abuse, Mental Health and Genetic Information

Certain federal and state laws provide additional protections for sensitive health information including HIV-related information, alcohol and substance abuse treatment information, mental health information, and genetic information.


IX. Our Right to Change Our Privacy Practices and This Notice

We reserve the right to change the terms of this notice at any time. Changes will apply to all health information we maintain. Updated notices will be posted in our office and on our website if applicable.

Effective Date of this Notice: January 1, 2010.


X. How to Make Privacy Complaints

If you have concerns about your privacy rights or how your health information has been used or disclosed, you may contact the office Privacy Official at:

559-325-8448

You may also file a written complaint with the Secretary of the U.S. Department of Health and Human Services, Office for Civil Rights. We will not retaliate against you for filing a complaint.

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