You have certain rights, when it comes to your personal health information, This section explains your rights and some of our responsibilities concerning your rights. You may:
- Request an electronic or paper copy of your medical record.
-You may request to see or get an electronic or paper copy of your medical record and other health information we have on record.
-We will provide a summary of all of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee to retrieve and copy the files.
- Instruct us to correct your medical record.
-You can instruct us to correct your health information if you think it is incorrect or incomplete.
-We may say “no” to your request, but we’ll tell you why in writing within 60 days.
-Request confidential communications.
-You can instruct us to contact you in a specific way (for example, home or office phone) or via encrypted email.
-We will say “yes” to all reasonable requests.
-You can request that we do not use or share certain health information for treatment, payment or our operations.
-We are not required to agree to your request if it is unreasonable or illegal.
If you pay for health care service or item out-of-pocket in full, you can ask us not to share that information for the purpose of payment with your health insurer.
-We will say “yes” unless a law requires us to share that information.
-Ask us to limit what we use or share.
-You can ask us not to use or share certain health information for treatment, payment, or our operations.
-We are not required to agree to your request and we may say “no” if it would affect your care.
-If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer.
-We will say “yes” unless a law requires us to share that information.
-Get a list of those with whom we’ve shared information.
-You can ask for a list (accounting) of the times we’ve shared your child’s health information for six years prior to the date you ask, who we shared it with, and why.
-We will include all the disclosures except for those about payment, health care operations and certain other disclosures (such as any you asked us to make).
-We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
-Get a copy of this privacy notice.
-You can ask for an additional paper copy of this notice at any time, even if you have agreed to receive the notice electronically. We will provide you with a paper copy promptly.
-Choose someone to act for your child besides you.
-If you have given someone medical power of attorney or if someone is else is the legal guardian, that person can exercise your rights and make choices about your child’s health information.
-We will make sure the person has this authority and can act for you before we take any action.
-You can file a complaint, if you feel we have violated your child’s rights or yours.
-You can complain if you feel we have violated your rights by contacting us using the contact information below.
-You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint. File a complaint if you feel your rights are violated.
For certain health information, you can tell us your choices about what we share.
If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
-In these cases, you have both the right and choice to tell us to:
-Share information with your family, close friends or others involved in your child’s care
-In the following cases, we may ask for permission to share your information. If so, we would ask for written permission and you always have the right to say no.
-Marketing purposes: We do like to share success stories. You can also say that we can share the story anonymously.
-Cause related fundraising: It’s highly unlikely, but we may contact you for fundraising efforts, but you can tell us not to contact you again.
How do we typically use or share your health information?
We typically use or share your child’s health information in the following ways.
-To treat your child
-We can use your health information and share it with other professionals who are treating your child.
-Example: An SLP treating your child for Childhood Apraxia of Speech may want to talk to the OT about fine motor skills.
-To run our organization
-We can use and share your child’s health information to run our practice, improve your child’s care, and contact you when necessary.
-Example: We use health information about your child to manage his/her treatment and to assign therapists.
-To bill for your services
-We can use and share your child’s health information to bill and get payment from health plans or other entities.
-Example: We give information about your child to your health insurance plan so it will pay for services.
How else can we use or share your health information?
- We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research.
- We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
-We can share health information about you for certain situations to help with public health and safety issues such as:
-Preventing disease
-Helping with product recalls
-Reporting suspected abuse, neglect, or domestic violence
-Preventing or reducing a serious threat to anyone’s health or safety
- To do research
-We can use or share your information for health research. (This is very unlikely.)
- Comply with the law
- We will share information about your child if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
- For law enforcement purposes or with a law enforcement official.
- With health oversight agencies for activities authorized by law.
- For special government functions such as military, national security, and presidential protective services
- Respond to lawsuits and legal actions
- We can share health information about your child in response to a court or administrative order or in response to a subpoena.
We are required by law to maintain the privacy and security of your child’s protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your child’s protected healthcare information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing.
- If you tell us we can share information, you may change your mind at any time. Let us know in writing if you change your mind.
- For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html
You may complain to us, or the Secretary of Health and Human Services, if you believe that your privacy rights have been violated by us. To File a complaint you may go do the following:
- Get a form from the Department of Health and Human Services
- Get a form form our office. The form is in our HIPAA Manual.
- File a complaint with us by notifying one of our Privacy Officers
- Dr. Thais Moldovan, MD | tmoldovan@rheumcarecenter.com
- Melanie Murtha | mmurtha@rheumcarecenter.com
Federal regulations (45 CFR 164.502, read more from Health & Human Services here) require that hospitals and other health care providers “treat a personal representative as the individual.”
If under applicable law an executor, administrator, or other person has authority to act on behalf of a deceased individual or of the individual’s estate, a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation.
In other words, the executor of the estate is usually the best person to request the records, and what they’ll normally need is (a) a death certificate for the deceased person and (b) letters of administration appointing them the executor of the estate. Some hospitals require these “personal representatives” also fill out a HIPAA authorization for the deceased person; that’s not required by law, but it’s usually easier just to do the form.
Pennsylvania law (28 Pa. Code § 115.29) states that “Upon the death of a patient, the hospital shall provide, upon request, to the executor of the decedent’s estate or, in the absence of an executor, the next of kin responsible for the disposition of the remains, access to all medical records of the deceased patient.” Notice how that can be a bit broader than the federal rule – if no one has been appointed executor of the estate, then the “next of kin” responsible for the decedent’s remains can obtain the records.