Health
Insurance Portability and Accountability Act (HIPAA)
The
Health Insurance Portability & Accountability Act of 1996 (“HIPAA”)
requires that all medical records and other individually identifiable
health information used or disclosed by us in any form are kept
confidential. This Act gives
you, the patient, significant new rights to understand and control how
your health information is used. “HIPAA”
provides penalties for covered entities that misuse personal health
information.
Dr.
Goldberg may use and disclose your protected health information (PHI) only
for each of the following purposes with your consent: treatment, payment
and health care operations.
- Treatment
means providing, coordinating, or managing your health care and
related services by one or more health care providers.
- Payment
means such activities as obtaining reimbursement for services,
confirming coverage, billing, or collection activities, and
utilization review.
- Health
Care Operations
are activities that relate to the performance and operation of the
practice. Examples of
health care operations are quality assessment and improvement
activities, business-related matters such as audits and administrative
services, and case management and care coordination.
‘Use’
applies only to activities within the office, such as sharing, employing,
applying, utilizing, examining and analyzing information that identifies
you.
‘Disclosure’
applies to activities outside of the office, such as releasing
transferring, or providing access to information about you to other
parties.
‘PHI’
– Protect Health Information refers to information in your health record
that could identify you.
Uses
and Disclosures Requiring Authorization
Dr.
Goldberg may use or disclose PHI for purposes outside of treatment,
payment, and health care operations when your appropriate authorization is
obtained. An
“authorization” is written permission above and beyond the general
consent that permits only specific disclosures.
In those instances when Dr. Goldberg is asked for information for
purposes outside of treatment, payment and health care operations, we will
obtain an authorization from you before releasing this information.
Dr. Goldberg will also need to obtain an authorization before
releasing your psychotherapy notes. “Psychotherapy
notes” are notes a therapist has made about conversations during a
private, group, joint, or family counseling session, which is kept
separate from the rest of your medical record.
These notes are given a greater degree of protection than PHI.
You
may revoke all such authorizations (of PHI or psychotherapy notes) at any
time, provided each revocation is in writing.
You may not revoke an authorization to the extent that (1) Dr.
Goldberg has relied on that authorization or (2) if the authorization was
obtained as a condition of obtaining insurance coverage and the law
provides the insurer the right to contest the claim under the policy.
Uses
and Disclosures with Neither Consent nor Authorization
Dr.
Goldberg may use or disclose PHI without your consent or authorization in
the following circumstances:
- If
a therapist has reason to suspect that a child or an adult is abused
or neglected or exploited, the therapist
- The
Board of Psychology and the Board of Social Work have the power, when
necessary, to subpoena relevant records.
- If
in a court proceeding, a request is made for information about your
diagnosis and treatment and the records thereof, such information is
privileged under state law, and Dr. Goldberg will not release
information without the written authorization of you or your legal
representative, or a subpoena. However,
if you move to quash (block) the subpoena, Dr. Goldberg is required to
place said records in a sealed envelope and provides them to the clerk
of court so that the court can determine whether the records should be
released. The privilege
does not apply when you are being evaluated for a third party or where
the evaluation is court ordered.
You will be informed in advance if this is the case.
- If
a client communicates a specific and immediate threat to cause serious
bodily injury or death, to an identified or to an identifiable person,
and the therapist believes the client has the intent and ability to
carry out that threat, the therapist must take steps to protect third
parties. These
precautions may include (1) warning the potential victim(s), or the
parent or guardian of the potential victim(s), if under age 18 or (2)
notifying a law enforcement officer.
- If you file a worker’s compensation claim Dr. Goldberg is required by law, upon request, to submit your relevant mental health information to you, your employer, the insurer, or a certified rehabilitation provider.
Patient’s
Rights:
- You
have the right to request restrictions on certain uses and disclosures
of protected health information about you.
However, Dr. Goldberg is not required to agree to a restriction
which you request.
- You
have the right to request and receive confidential communications of
PHI by alternative means and at alternative locations.
Upon your request, we will send your bills to another address.
- You
have the right to inspect or obtain a copy of PHI and psychotherapy
notes as long as the PHI is maintained in the record.
Dr. Goldberg may deny your access to PHI under certain
conditions but in some cases you may have this decision reviewed.
On your request, your therapist will discuss with you the
details of the request and denial process.
- You
have the right to request an amendment of PHI for as long as the PHI
is maintained in the record. Dr.
Goldberg may deny your request. Your therapist can discuss with you the details of the
amendment process.
- You
generally have the right to receive an accounting of disclosures of
PHI for which you have not provided consent.
On your request, your therapist will discuss with you the
details of the accounting process.
- You
have the right to obtain a paper copy of this notice upon request,
even if you have agreed to receive it electronically.
This
notice is effective as of April 14, 2003 and Dr. Goldberg is required to
abide by the terms of the Notice of Privacy Practices currently in effect.
We reserve the right to change the terms of our Notice of Privacy
Practices and to make the new notice provisions effective for all
protected health information that we maintain.
We will post and you may request a written copy of a revised Notice
of Privacy Practices from this office.
If
you feel that your privacy protections have been violated you have the
right to file a written complaint with our office or with the Department
of Health & Health & Human Services, Office of Civil Rights, about
violations of the provisions of this notice or the policies and procedures
of our office.
Please call (703) 550-4848 for additional information or to schedule an appointment.
For directions to my office location click HERE
FURTHER INFORMATION