Notice of Privacy Practices
Effective Date: October 18, 2021
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 at Oar Medical, P.A. (“we”, “our”, “us”) are committed to maintaining your privacy and we take our responsibility for safeguarding your health information very seriously. If you have any questions about this Notice of Privacy Practices, please contact the Oar Medical, P.A. Privacy Office at the address listed below.
General Information
Information regarding your health care, including payment for health care, is protected by two federal laws: the Health Insurance Portability and Accountability Act of 1996 (HIPAA); and the Confidentiality of Substance Use Disorder Patient Records (42 CFR Part 2).
The confidentiality of substance use disorder patient records is protected by 42 CFR Part 2. Under these regulations, a substance use disorder treatment program may not acknowledge to anyone outside of the program that you are a client, or disclose any information identifying you as a substance use disorder patient unless:
The disclosure is allowed by court order;
The disclosure is made to medical personnel in a medical emergency;
The disclosure is made to qualified personnel for research, audit or program evaluation;
Pursuant to an agreement with a business associate.
For example, a program can disclose information without your consent to obtain legal or financial services as long as there is an agreement to protect the confidentiality of your information in place.
Federal law and regulations do not protect any information about a crime committed either at the program or against any person who works for the program, or information about any threat to commit such a crime.
Federal law and regulations also do not protect any information about suspected child abuse or neglect, or suspected elder abuse or neglect, from being reported under state law and other appropriate state and local authorities.
Before we can use or disclose your health information in a manner which is not described in this notice, we must first obtain your specific written consent allowing the disclosure. You may revoke any such written consent in writing by sending a letter to the Privacy Office, whose address listed at the end of this notice.
Uses and Disclosures for Treatment, Payment and Health Care Operations
Under HIPAA, we may use or share your health information in the following ways.
Treat you
We may use your health information and share it with other professionals who are treating you. We will obtain your consent prior to sharing your health information with professionals outside of our practice.
Example: A doctor treating you asks another doctor about your overall health condition.
Health Care Operations
We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Payment
With your consent, we can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
Other Uses and Disclosures
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 certain conditions in the law before we can share your information for these purposes.
Help with public health and safety issues
We can share health information about you for certain situations such as:
Preventing disease
Helping with product recalls
Reporting adverse reactions to medications
Reporting suspected abuse, neglect, or domestic violence
Preventing or reducing a serious threat to anyone’s health or safety
Conduct or assist research studies
We can use or share your information for health research provided that we the researcher has first obtained your consent or consulted with an institutional review board formed to protect the privacy of research subjects.
Comply with the law
We will share information about you 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.
Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
For workers’ compensation claims
For law enforcement purposes or with a law enforcement official if the official has obtained a warrant with a special court order designed to preserve the confidentiality of individuals seeking substance use disorder treatment
With health oversight agencies for activities performing certain auditing and evaluation activities
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 you in response to a court order that meets certain legal requirements.
Your Rights
You have the right to request that we communicate with you by alternative means or at an alternative location. We will accommodate such requests that are reasonable and will not request an explanation from you.
You have the right to receive a paper copy of this notice.
You have the right to inspect and copy your PHI:
Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in a civil, criminal, or administrative action or proceeding, and PHI that is subject to law that prohibits access to PHI.
You have the right to request a restriction of your PHI:
Your request must state the specific restriction requested and to whom you want the restriction to apply. Your physician is not required to agree to a restriction that you may request. If the physician believes it is in your best interest to permit use and disclosure of your PHI, your PHI will not be restricted. You then have the right to use another Healthcare Professional.
If you pay for a service or health care item out-of-pocket in full, you may request that we not share that information with your health insurer for the purpose of payment or our operations and we will honor your request.
You also have the right, with some exceptions, to request an amendment to health care information maintained in your records, and to request and receive an accounting of disclosures of your health related information made during the six years prior to your request.
You have the right to choose someone to act on your behalf.
If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information. We will make sure the person has this authority and can act for you before we take any action.
Your Choices
For certain health information, you can tell us your choices about what we share.
You have both the right and choice to tell us whether or not to:
Share information with your family, close friends, or others involved in your care
Share information in a disaster relief situation
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
We will never share your information for marketing purposes or sell your information unless you give us your written permission. In most cases, we also will not share any psychotherapy notes without your written permission.
We may contact you for fundraising efforts, but you can opt-out of receiving any further fundraising communications from us.
Our Legal Duties
Law requires us to:
Keep your medical information private.
Give you this notice, describing our legal duties, privacy practices, and your rights regarding your medical information.
Follow the terms of the notice that is now in effect.
Break confidentiality and report any information in regards to self-harm, or harm to others (children and elderly included).
Release information when there is a court order.
Let you know if a breach occurs that may have compromised the privacy or security of your information.
We have the right to:
Change our privacy practices and the terms of this notice at any time, provided that the changes are permitted by law.
2. Make the changes in our privacy practice and the new terms of our notice effective for all medical information that we keep, including information previously created or received before the changes are effective.
We reserve the right to change the terms of this notice and will inform you of any changes by updating the notice on our website.
Complaints and Reporting Violations
You may complain to the practice and/or the Secretary of the United States Department of Health and Human Services if you believe that your privacy rights have been violated under HIPAA. To file a complaint with the practice, please contact the Privacy Office at the number listed below. You will not be retaliated against for filing such a complaint.
Violations of the Confidentiality of Substance Use Disorder Patient Records
Suspected violations of the laws protecting the confidentiality of substance use disorder patient records may be reported to the United States Attorney in the district where the violation occurs.
Contact
For further information or to exercise any of your rights or choices, you may contact the Privacy Office at (908) 460-9429, or by mail at:
Oar Medical P.A.
10 Jay St, Suite 102
Brooklyn, NY 11201