HIPAA Privacy Notice for Health Information

HIPAA PRIVACY NOTICE FOR HEALTH INFORMATION

Effective:  October 1, 2018

 

THIS HIPAA PRIVACY NOTICE (“NOTICE”) DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE COLLECTED, USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.  PLEASE REVIEW IT CAREFULLY.

Boston MD does not provide direct medical services.  Rather, we provide consultation and guidance services about medical care.  Your interactions with Boston MD via our services are not intended to take the place of your hands-on medical care directly from physicians and health care providers (“Provider(s)”).

Boston MD adheres to the requirements outlined by the Health Insurance Portability and Accountability Act (HIPAA), regarding the security and privacy of individually identifiable health information. As part of HIPAA requirements, all new Members to the Boston MD services are required to sign this acknowledgement form to indicate that they have received this HIPAA Privacy Notice. The HIPAA Privacy Notice describes how Boston MD uses and shares your personal health information (“PHI”).  Please read the information below and either click “Accept”, if in electronic form, or sign below if in paper form, to indicate you have read and understood the terms of this HIPAA Notice.

 

YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION

This section explains your rights and some of our responsibilities regarding your health information that we maintain about you.  You can ask to see or get an electronic or paper copy of your health information that we have about you.  We will provide a copy or a summary of your health information, usually within thirty (30) days of your request.  We may charge a reasonable, cost-based fee.  If your request is denied, we will explain the reasons, and tell you what your rights are.

You can ask us to contact you in a specific way (for example, via home or office phone) or to send mail to a different address. We will accommodate reasonable requests.

You can ask us not to use or share certain health information other than that related to your treatment or our operations.  We are not required to agree to your request, and we have the option to say “no” if disclosure is required by law.

If you are unable to make health care decisions for yourself and 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 consult with them on your behalf.

You can ask for a list (accounting) of the times we have shared your health information from the date you engaged our services, but no farther back than 2018 when we began our services.   We will retain our records for seven (7) years.  You may specify whether you want an electronic or paper copy.  We will respond to your request within sixty (60) days.  We will include all the disclosures except for those about payment and health care operations, and certain other disclosures (such as any you asked us to make). We will provide one accounting per year for free but will charge a reasonable, cost-based fee if you ask for another one within twelve (12) months.

You can ask for a paper copy of this HIPAA Privacy Notice at any time, even if you have agreed to receive the Notice electronically.

Boston MD may keep records of our communications with you and your Providers, which may include health information about you.  You can ask us to correct health information about you in our records that you think is incorrect or incomplete. We may say “no” to your request, for example, if our consulting physician or your Provider feels that the information currently in your record is complete and accurate. If we deny your request, we’ll tell you why in writing within sixty (60) days. If we agree to your request, we will ask you to give us the names of the people you want to receive the corrected information.

You can complain if you feel we have violated your privacy rights by contacting us using the information at the end of this Notice.  You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to J.F. Kennedy Federal Building – Room 1875, Boston, MA 02203, by calling 800-368-1019, 800-537-7697 (TDD), or visiting www.hhs.gov/hipaa/filing-a-complaint/.  We will not penalize you for filing a complaint.

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, contact us about what you want us to do, and we will follow your instructions. We will treat you the same no matter what choices you make.

 

HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU

We may use your health information to contact you with information about patient care issues, treatment choices, and follow-up care instructions.

We may disclose and share your health information in the following ways:

  • with your family, close friends, or others involved in your care, including Providers who are treating you;
  • if we believe it is in your best interest or to lessen a serious and imminent threat to your health or safety, if you are not able to tell us your preference, for example, if you are unconscious;
  • with other professionals or Providers who are treating you;
  • for research when written permission is not required by federal or state law. This also may include preparing for research or telling you about research studies in which you might be interested.
  • 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.
  • with organ procurement organizations, a coroner, medical examiner, or funeral director when an individual dies.
  • for workers’ compensation claims, for law enforcement purposes under specific conditions such as reporting when someone is the victim of a crime;
  • with health oversight agencies for activities authorized by law;
  • in a disaster relief situation or a public health event to lessen a serious and imminent threat to the health or safety of others;
  • to help in preventing disease; helping with product recalls; reporting adverse reactions to medications; reporting suspected abuse, neglect, or domestic violence;
  • for special government functions such as military, national security, and presidential protective services; and/or
  • in response to a court or administrative order, or in response to a subpoena.

 

USES AND DISCLOSURES OTHER THAN DESCRIBED IN THIS NOTICE

We will not share your health information for other purposes not described in this Notice unless you give us your written permission. We are also restricted by state and other federal laws from sharing without your written permission certain types of health information that is considered highly sensitive.

Generally, we will ask for your consent before we share certain sensitive information such as: records of treatment received at federally funded substance use disorder programs; certain psychotherapy documentation; HIV testing or test results; genetic information; confidential communications with a licensed social worker; records from a domestic violence victims counselor or sexual assault counselor. Laws that protect this information have many exceptions. For instance, we may share your health information without your consent if necessary to report suspected child or elder abuse or neglect, and for other purposes as allowed by law.

You may cancel an authorization or consent at any time in writing, except if we have already relied upon it. For example, if we already shared your health information with persons for whom you previously gave us written permission, we cannot get it back.

We never share your information for marketing purposes or sell your information, unless you give us express written permission to do so.

 

SECURITY

We are required by law to maintain the privacy and security of your protected health information. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information. We must follow the duties and privacy practices described in this Notice and offer 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, you may change your mind at any time by notifying us in writing. We will maintain our consultation records for at least seven (7) years after your final treatment on the matter about which you consult with us.  Other records are maintained in accordance with state and federal regulations.

 

CHANGES TO THE TERMS OF THIS NOTICE

We can change the terms of this Notice and the changes will apply to all information we have about you. The new Notice will be available upon request (contact telephone numbers are listed at the end of this Notice), in registration areas, and on our Site.