HIPAA Notice of Privacy Practices

Effective Date: {10/26/2022}

THIS NOTICE DESCRIBES HOW YOUR MEDICAL INFORMATION MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

 

At Total Direct Care Inc., we respect your privacy. We are required by law to maintain the privacy of health information that can reveal your identity, and to provide you with a copy of this Notice of Privacy Practices. This notice will tell you how we can use or disclose your health information.  This notice also describes your rights and our responsibilities regarding the use and disclosure of your health information.

 

HOW WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION

The law permits or requires us to use or disclose your health information for various reasons, which we explain in this notice. We have included some examples, but we have not listed every permissible use or disclosure. When using or disclosing health information or requesting your health information from another source, we will make reasonable efforts to limit our use, disclosure, or request about your health information to the minimum information we need to accomplish our intended purpose.

Uses and Disclosures for Treatment, Payment, or Health Care Operations

We have the right to use and disclose health information for your treatment, for payment for your health care and to operate our business.

  • We may use or disclose your health information and share it with other professionals who are treating you, including doctors, nurses, technicians, or other personnel involved in your care. For example, we might disclose information about your overall health condition to physicians who are treating you for a specific injury or condition.
  • We may use and disclose your health information to bill and get payment from health plans or others. For example, we share your health information with your health insurance plan so it will pay for the services you receive.
  • Health Care Operations. We may use and disclose your health information to run our business and improve your care. For example, we may use your health information to manage the services you receive or to monitor the quality of our health care services.
  • Our Business Associates. We may use and disclose your health information to outside persons or entities that perform services on our behalf, such as auditing, legal, or transcription services. The law requires our business associates and their subcontractors to protect your health information in the same way we do. We also contractually require these parties to use and disclose your health information only as permitted and to appropriately safeguard your health information.

 

Other Uses and Disclosures

We are allowed or required by law to share your information in other ways, usually for public health or research purposes or to contribute to the public good. We have to meet many conditions in the law before we can share your information for these purposes. For more information on permitted uses and disclosures, see:

http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.

  • Legal Compliance. For example, we will share your health information if the Department of Health and Human Services requires it when investigating our compliance with privacy laws.
  • Public Health and Safety Activities. For example, we may share your health information to report injuries, births, and deaths, prevent disease, report adverse reactions to medications or medical device product defects, report suspected child neglect, abuse, or domestic violence, or to avert a serious threat to public health or safety.
  • Responding to Legal Actions. For example, we may share your health information to respond to a court or administrative order or subpoena, discovery request, or another lawful process.
  • For example, we may share your health information for some types of health research that do not require your authorization, such as if an institutional review board has waived the written authorization requirement.
  • Medical Examiners or Funeral Directors. For example, we may share health information with coroners, medical examiners, or funeral directors when an individual dies.
  • Organ or Tissue Donation. For example, we may share your health information to arrange an authorized organ or tissue donation from you or a transplant for you.
  • Workers’ Compensation, Law Enforcement, or Other Government Requests. For example, we may use and disclose your health information for workers’ compensation claims, health oversight activities by federal or state agencies, law enforcement purposes or with a law enforcement official, or specialized government functions, such as military and veterans’ activities, national security and intelligence, presidential protective services, or medical suitability.

 

Your Choices Regarding Use or Disclosure

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, and we will make reasonable efforts to follow your instructions.

You have both the right and choice to tell us whether to:

  • Share information with your family, close friends, or others involved in your care.
  • Share information in a disaster relief situation.
  • Contact you for fundraising efforts. We may contact you, but you can tell us not to contact you again.

If you are unable 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.

 

Uses and Disclosures that Require Your Written Permission

In these cases we will only share your information if you give us written permission:

  • Most sharing of psychotherapy notes.
  • Marketing our services, however, communications pertaining to care or treatment and/or our products or services may be allowed without permission.
  • Selling or otherwise receiving compensation for disclosing your health information.
  • Certain research activities.
  • Other types of uses and disclosures not described in this notice.

You may revoke your authorization at any time, but it will not affect information that we already used and disclosed.

 

Communication With You

  • We may also use health information to send you appointment reminders and other communications relating to your care and treatment. We may also use health information to let you know about treatment alternatives or other health-related benefits or services that may be of interest to you. We may contact you via email, phone call, or text message.
  • We may make certain health information, such as information about your medical care or treatment, medications, prior appointments, available to you through secure online tools such as your online patient account.
  • If you choose to communicate with us via email, text or chat, you acknowledge that we may exchange health information with you via email, text or chat. You acknowledge that email, text and some chat functionalities may not be a secure method to communicate, and that you agree to the security risks of such communication. If you prefer not to exchange health information via email, text or chat, you can choose not to communicate with us via those means. Please inform us by contacting an associate at 781-570-1458

 

 

 

 

 

YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION

When it comes to your health information, you have certain rights. This section explains your rights and some of our responsibilities to help you.

You have the right to:

Inspect and Obtain a Copy of Your Health Information

You have the right to see or obtain an electronic or paper copy of the health information that we maintain about you.

  • We may require you to make your request in writing. Ask us how to do this.
  • We may charge a reasonable, cost-based fee for the costs of copying, mailing, or other supplies associated with your request.
  • You may request that we provide a copy of your health information to a family member, another person, or a designated entity. We will require that you submit these requests in writing with your signature, and clearly identify the designated person and where to send the health information.
  • We may deny your request for access in certain limited circumstances, however, if we deny your access request, you may request that the denial be reviewed.

 

Make Amendments

You may ask us to correct or amend health information that we maintain about you that you think is incorrect or inaccurate. For these requests:

  • you must submit requests in writing, specify the inaccurate or incorrect health information, and provide a reason that supports your request.
  • We may deny your request for an amendment if you ask us to amend health information that is not part of our record, that we did not create, or that is accurate and complete.

 

Request Additional Restrictions

You have the right to ask us to limit what we use or share about your health information. You can contact us and request us not to use or share certain health information for treatment, payment, or operations or with certain persons involved in your care. We may require that you submit this request in writing. For these requests:

  • we are not required to agree;
  • we may say “no” if it would affect your care; but
  • we will agree not to disclose information to a health plan for purposes of payment or health care operations if the requested restriction concerns a health care item or service for which you or another person, other than the health plan, paid in full out-of-pocket, unless it is otherwise required by law.

 

Request an Accounting of Disclosures

You have the right to request an accounting of certain health information disclosures that we have made in the past. For these requests:

  • we will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures, such as any you asked us to make; and
  • we will provide one accounting per year for free, but may charge you a reasonable, cost-based fee if you ask for another one within 12 months. We will notify you about the costs in advance and you may choose to withdraw or modify your request at that time.

 

Choose Someone to Act for You

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 confirm the person has this authority and can act for you before we take any action.

 

Request Confidential Communications

You have the right to request that we communicate with you about health matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or at a specific address. For these requests:

  • you must specify how or where you wish to be contacted; and
  • we will accommodate reasonable requests.

 

Make Complaints

You have the right to complain if you feel we have violated your rights. We will not retaliate against you for filing a complaint. You may either file a complaint:

directly with us by contacting an associate at 781-570-1458. We may ask that you submit a complaint in writing, or with the Office for Civil Rights at the US Department of Health and Human Services. You can send a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201; call 1-877-696-6775; or visit www.hhs.gov/ocr/privacy/hipaa/complaints/.

 

Contact Us

If you have any questions about this notice, please contact an associate at 781-570-1458