NOTICE OF PRIVACY - PlanCare America, LLC.
As Required by the Privacy Regulations Created as a Result of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA)
THIS NOTICE
DESCRIBES HOW HEALTH INFORMATION MAY BE
USED AND DISCLOSED, AND HOW YOU CAN GET ACCESS TO
YOUR INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.
PLEASE REVIEW THIS NOTICE CAREFULLY.
A. OUR
COMMITMENT TO YOUR PRIVACY
PlanCare America is dedicated to maintaining the privacy of your
protected health information (PHI). In conducting our business, we
will create records regarding you and the treatment and services we
provide to you. We are required by law to maintain the confidentiality
of health information that identifies you. We also are required by law
to provide you with this notice of our legal duties and the privacy
practices that we maintain in PlanCare America concerning your PHI.
By federal and state law, we must follow the terms of the notice of
privacy that we have in effect at the time.
We realize
that these laws are complicated, but we must provide
you with the following important information:
How we may
use and disclose your PHI
Your privacy rights in your PHI
Our obligations concerning the use and disclosure of your PHI
The terms
of this notice apply to all records containing your PHI that
are created or retained by PlanCare America. We reserve the right to
revise or amend this Notice of Privacy. Any revision or amendment to
this notice will be effective for all of your records that PlanCare America
has created or maintained in the past, and for any of your records that
we may create or maintain in the future. PlanCare America will post a
copy of our current Notice in our office in a visible location at all times,
and you may request a copy of our most current Notice at any time.
B. IF YOU
HAVE QUESTIONS ABOUT THIS NOTICE, PLEASE
CONTACT:
PlanCare America, LLC.
Two Concourse Parkway
Suite 300
Atlanta, GA 30328
C. WE MAY
USE AND DISCLOSE YOUR INDIVIDUALLY
IDENTIFIABLE PROTECTED HEALTH INFORMATION (PHI) IN
THE FOLLOWING WAYS
The following
categories describe the different ways in which we may
use and disclose your PHI.
1. Payment.
PlanCare America may use and disclose your PHI in
order to bill and collect payment for the CAI services rendered.
2. Health Care Operations. PlanCare America may use and disclose
your PHI to operate our business. For example, we may use and
disclose your information to track the progress of your health care
claim through our system or to ensure that your claim has been
received from us by your insurance company.
3. Disclosures Required By Law. PlanCare America will use and
disclose your PHI when we are required to do so by federal, state
or local law.
D. USE
AND DISCLOSURE OF YOUR PHI IN CERTAIN SPECIAL
CIRCUMSTANCES
The following
categories describe unique scenarios in which we may
use or disclose your identifiable health information:
1. Lawsuits
and Similar Proceedings. PlanCare America may use
and disclose your PHI in response to a court or administrative order,
if you are involved in a lawsuit or similar proceeding. We also may
disclose your PHI in response to a discovery request, subpoena, or
other lawful process by another party involved in the dispute, but
only if we have made an effort to inform you of the request or to
obtain an order protecting the information the party has requested.
2. Law Enforcement.
We may release PHI if asked to do so by a
law enforcement official:
Regarding
a crime victim in certain situations, if we are unable to
obtain the person's agreement
Concerning a death we believe has resulted from criminal conduct
Regarding criminal conduct at our offices
In response to a warrant, summons, court order, subpoena or similar
legal process
To identify/locate a suspect, material witness, fugitive or missing
person
In an emergency, to report a crime (including the location or victim(s)
of the crime, or the description, identity or location of the perpetrator)
3. Military.
PlanCare America may disclose your PHI if you are a
member of US or foreign military forces (including veterans) and
if required by the appropriate authorities.
4. National
Security. PlanCare America may disclose your PHI to
federal officials for intelligence and national security activities
authorized by law. We also may disclose your PHI to federal
officials in order to protect the President, other officials or foreign
heads of state, or to conduct investigations.
5. Inmates.
PlanCare America may disclose your PHI to correctional
institutions or law enforcement officials if you are an inmate or under
the custody of a law enforcement official. Disclosure for these
purposes would be necessary:
(a) for the institution to provide health care services to you,
(b) for the safety and security of the institution, and/or
(c) to protect your health and safety or the health and safety of
other individuals.
6. Workers'
Compensation. PlanCare America may release your PHI
for workers' compensation and similar programs.
E. YOUR
RIGHTS REGARDING YOUR PHI
You have the
following rights regarding the PHI that we maintain
about you:
1. Confidential
Communications. You have the right to request that
PlanCare America communicate with you about your health and
related issues in a particular manner or at a certain location. In order
to request a type of confidential communication, you must make a
written request to PlanCare America specifying the requested
method of contact, or the location where you wish to be contacted.
PlanCare America will accommodate reasonable requests. You do
not need to give a reason for your request.
2. Requesting
Restrictions. You have the right to request a restriction
in our use or disclosure of your PHI for treatment, payment or health
care operations. Additionally, you have the right to request that we
restrict our disclosure of your PHI to only certain individuals involved
in your care or the payment for your care, such as family members
and friends. We are not required to agree to your request; however, if
we do agree, we are bound by our agreement except when otherwise
required by law, in emergencies, or when the information is necessary
to treat you. In order to request a restriction in our use or disclosure
of your PHI, you must make your request in writing to PlanCare
America. Your request must describe in a clear and concise fashion:
the information
you wish restricted
whether you are requesting to limit PlanCare America use, disclosure
or both and to whom you want the limits to apply
3. Inspection
and Copies. You have the right to inspect and obtain
a copy of the PHI that may be used to make decisions about you.
You must submit your request in writing to PlanCare America in
order to inspect and/or obtain a copy of your PHI. PlanCare America, LLC. may charge
a fee for the costs of copying, mailing, labor and
supplies associated with your request. PlanCare America may deny
your request to inspect and/or copy in certain limited circumstances;
however, you may request a review of our denial. Another licensed
health care professional chosen by us will conduct reviews.
4. Amendment.
You may ask us to amend your health information
if you believe it is incorrect or incomplete, and you may request an
amendment for as long as the information is kept by or for PlanCare
America. To request an amendment, your request must be made in
writing and submitted to PlanCare America. You must provide us with
a reason that supports your request for amendment. PlanCare America
will deny your request if you fail to submit your request (and the reason
supporting your request) in writing. Also, we may deny your request
if you ask us to amend information that is in our opinion:
(a) accurate
and complete;
(b) not part of the PHI kept by or for PlanCare America;
(c) not part of the PHI which you would be permitted to inspect and
copy; or
(d) not created by PlanCare America, unless the individual or entity
that created the information is not available to amend the information.
5. Accounting
of Disclosures. You have the right to request an
accounting of disclosures. An accounting of disclosures is a list of
certain non-routine disclosures PlanCare America has made of your
PHI for non-treatment or operations purposes. In order to obtain an
accounting of disclosures, you must submit your request in writing.
All requests for disclosures must state a time period, which may not
be longer than six (6) years from the date of disclosure and may not
include dates before April 14, 2003. The first list you request within a
12-month period is free of charge, but PlanCare America may charge
you for additional lists within the same 12-month period. PlanCare
America will notify you of the costs involved with additional requests,
and you may withdraw your request before you incur any costs.
6. Right
to a Paper Copy of This Notice. You are entitled to receive
a paper copy of our notice of privacy PlanCare America. You may ask
us to give you a copy of this notice at any time. To obtain a paper
copy of this notice, contact PlanCare America.
7. Right
to File a Complaint. If you believe your privacy rights have
been violated, you may file a complaint with PlanCare America or with
the Secretary of the Department of Health and Human Services. To file
a complaint with PlanCare America, contact PlanCare America . All
complaints must be submitted in writing. You will not be penalized for
filing a complaint.
8. Right
to Provide an Authorization for Other Uses and
Disclosures. PlanCare America will obtain your written authorization
for uses and disclosures that are not identified by this notice or
permitted by applicable law. Any authorization you provide to us
regarding the use and disclosure of your PHI may be revoked at any
time in writing. After you revoke your authorization, we will no longer
use or disclose your PHI for the reasons described in the
authorization.
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